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HomeMy WebLinkAboutMESA CONSOLIDATED WATER DISTRICT - 2001-11-19Council/Agency Meeting Held:J,//5/c�tQID Deferred/Continued'to: &Appr ve6 ❑ Conditionally Approved ❑ Denied C-ity,41eFk'4i&gnatu Council Meeting Date: 3/15/2010 Department ID Number: PW "10-012 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR PUBLIC WOR4L-- SUBJECT: Approve Amendment No. 2 to an Agreement for Interruptible Potable Water Service Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On November 19, 2001, the City Council approved an agreement with Mesa Consolidated Water District (Mesa) and Orange County Water District (OCWD) for interruptible water service to the Talbert Seawater Barrier Facilities. An amendment extending that agreement through November 2011 was approved on October 15, 2007. The proposed second amendment extends the agreement through November 2026. Funding Source: Any and all costs to the City will be reimbursed by OCWD. Recommended Action: Motion to: Authorize the Mayor and City Clerk to execute Amendment Number 2 to Agreement by and between Mesa Consolidated Water District, the City of Huntington Beach and Orange County Water District for Interruptible Potable Water Service to Talbert Seawater Barrier Facilities. Alternative Action(s): Do not authorize execution of the agreement and instruct staff on how to proceed. REQUEST FOR CITY COUNCIL ACTM MEETING DATE: 3/15/2010 DEPARTMENT ID NUMBER: PW 10-012 Analysis: The Talbert Seawater Barrier Facilities are a series of injection wells located along Ellis Avenue designed to provide a barrier to seawater intrusion into the Santa Ana River groundwater basin. A number of groundwater wells in the County have been lost due to seawater intrusion. The barrier and groundwater basin are operated and maintained by the Orange County Water District (OCWD). Maintaining the barrier is critical to protect Huntington Beach's water supply. In 2001, OCWD, in conjunction with the Orange County Sanitation District (OCSD), began developing the Groundwater Replenishment (GWR) System, whereby wastewater is treated to drinking water standards and injected into the groundwater basin for replenishment. Water Factory 21, which provided the injection water for the Talbert Seawater Barrier, was taken out of service for this process, and OCWD needed another source for barrier water. Under the original Agreement, the City provided a potable water service connection to OCWD for the purpose of supplying water to the Talbert Seawater Intrusion Barrier via the OC-44 imported water pipeline located on Adams Avenue and the Santa Ana River. This is for the water service connection only. Water is provided by the Metropolitan Water District of Southern California (MWD) and billed directly to OCWD through the Municipal Water District of Orange County (MWDOC). There is no cost to the City. Since the water the City receives from OC-44 is billed through Mesa, they are party to the agreement. The GWR is online and provides approximately 70,000 acre-feet of water for basin replenishment and barrier injection. However, with the operations of the GWR System there are short duration events where the treatment plant is down for servicing and/or repairs and a small amount of imported water is taken from the OC-44 connection in order to maintain barrier operations. Therefore, an amendment extending the original agreement through November 2011 was approved by City Council on October 15, 2007. This arrangement has worked well and GWR provides up to 40 million gallons a day of water to the seawater barrier. With the success of the GWR System and the critical need to maintain the Talbert Seawater Intrusion Barrier, a second amendment extending the agreement through November 2026 would benefit the City and the regional groundwater basin. Public Works Commission Action: Not required. Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. Environmental Status: Not applicable Attachrnent(s): Amendment Number 2 to Agreement by and between Mesa Consolidated Water District, the City of Huntington Beach and Orange County Water District for Interruptible Potable Water Service to Talbert Barrier Facilities -2- 2/25/2010 4:40 PM ATTACHMENT #1 a .. AMENDMENT NUMBER 2 TO AGREEMENT BY AND BETWEEN MESA CONSOLIDATED WATER DISTRICT, THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY WATER DISTRICT FOR INTERRUPTIBLE POTABLE WATER SERVICE TO TALBERT BARRIER FACILITIES This Amendment ("Amendment Number 2") amends the "Agreement for Interruptible Potable Water Service to Talbert Barrier Facilities" ("Agreement") dated November 7, 2001, by and between the MESA CONSOLIDATED WATER DISTRICT, a county water district organized pursuant to Water Code Sections 33200 et seq. and operating pursuant to the County Water District Law, Water Code Sections 30000 et seq., the CITY OF HUNTINGTON BEACH, a municipal subdivision of the State of California, and the ORANGE COUNTY WATER DISTRICT, a special district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Statutes of 1933, as amended. Whereas Amendment Number 1 to the Agreement executed in 2007 extended the Agreement term to November 30, 2011. This Amendment Number 2 provides for the further extension of the term of the Agreement. In accordance with Section 3 of said Agreement, the term of this Agreement shall be extended for twenty five (25) years, through November 30, 2026. All other terms and conditions of the Agreement shall remain the same. IN WITNESS WHEREOF, the parties have executed this Amendment Number 2 by and through their authorized officers on Z?q) C�V- /.S, 2010. Initiated and Approved: By Director of Public rks CITY OF HUNTINGTON BEACH A California municipal corporation By l(?1dijai�6L Mayor 6-1-4�7 City Clerk Approved as to Form: By , -,� % 0 ity Attorney DM -,-\Vo\N0 Approved as to Form: ESAqCCO OL TED WATER Bewi� Aev � UJ�%li Les �l9d�vwacv�, STRICT By _ By General Counsel ('resident Ap By By \,I fit/ C :% General Manager ORANGE COUNTY WATER DISTRICT M Ma HTIATING DEPARTMENT: Public Works SUBJECT: Approve Amendment No. 2 to an Agreement for Interruptible Potable Water Service COUNCIL MEETING DATE: March 15, 2010 RMENTS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable), Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Appiicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: Ken Dills ` a a ? i I Act 1965 Placentia Avenue - Costa Mesa, California 92627 - 949-631-1291 Letter of Transmittal TO: City of Huntington Beach — City Clerk DATE: June 1, 2010 2000 Main Street Beach, CA 92648 ATTENTION: Joan L. PROJECT: Interruptible Potable Water Service to Talbert Barrier Facilities FILE NO.: X Attached = Under separate cover WE ARE TRANSMITTING THE FOLLOWING ITEMS: BLUELINES ATLAS SHEETS SPECIFICATIONS MYLARS SHOP DRAWINGS VIA: Mail Copies Description I Fully executed Agreement THESE ARE TRANSMITTED as checked below: For approval Approved as submitted Resubmit 0 Per your request 0 For your use Approved as noted For review and comment Sign and Return REMARKS: SIGNED Robert R. McVicker, District Engineer City ®f Huntington Beat 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 22, 2010 Orange County Water District 10500 Ellis Avenue Fountain Valley, CA 92708 Attn: Janice Durant Dear Ms. Durant: Enclosed please find three originals of Amendment No. 2 to the Agreement by and between Mesa Consolidated Water District, the City of Huntington Beach and Orange County Water District for interruptible potable water service to Talbert Barrier Facilities. Upon execution by Orange County Water District AND Mesa Consolidated Water District, please return a complete copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated Sincerely, Joan L. Flynn, CMC City Clerk JF: pe Enclosure: Agreements G: fo llowup: agrrntltr Sister Cities: Anjo, Japan • Waitakere, New Zealand Mlephone: 714-536-5227 ) Council/Agency Meeting Held d 77 Deferred/Continued to Appr ved ❑ Conditionally Approved ❑ Denied it ler Sign u e Council Meeting Date 10/15/07 Department ID Number PW 07-061 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS LO�LBRETH SUBMITTED BY PEN -GRAFCT t�PA CITY ADM INSTRATOR PREPARED BY DAVID A WEBB PE ACTING DIRECTOR OF PUBLIC WORK OPERATIONS SUBJECT Approve Amendment to an Agreement for Interruptible Potable Water Service Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachments) Statement of Issue On November 19 2001 the City Council approved an agreement with Mesa Consolidated Water District (Mesa) and Orange County Water District (OCWD) for interruptible water service to the Talbert Seawater Barrier Facilities That agreement expires November 7 2007 The amendment extends the agreement another four years to November 30 2011 Funding Source All costs to the City will be reimbursed by OCWD Recommended Action Motion to Authorize the Mayor and City Clerk to execute Amendment Number 1 to Agreement by and between Mesa Consolidated Water District the City of Huntington Beach and Orange County Water District for Interruptible Potable Water Service to Talbert Barrier Facilities Alternative Action(s) Do not authorize execution of the agreement and instruct staff on how to proceed REQUEST FOR CITY COUNCIL ACTION MEETING DATE 10/15/07 DEPARTMENT ID NUMBER PW 07-061 Analysis The Talbert Seawater Barrier facilities are a series of injection wells located along Ellis Avenue and designed to provide a barrier to seawater intrusion into the Santa Ana River groundwater basin As Orange County has developed a number of groundwater wells have been lost due to seawater intrusion This barrier and the groundwater basin is operated and maintained by the Orange County Water District (OCWD) In the past OCWD utilized highly treated wastewater for injection Maintaining the barrier is critical in order to protect Huntington Beach s water supply In 2001 OCWD in conjunction with the Orange County Sanitation District (OCSD) began the process of developing the Groundwater Replenishment (GWR) System whereby wastewater from OCSD will be treated to drinking water standards and then used for injection into the groundwater basin for replenishment To begin that process Water Factory 21 which provided the injection water for the Talbert Barrier was taken out of service For this reason OCWD needed another source for seawater intrusion barrier water Under the original Agreement the City provides a connection to a potable water service to OCWD for the purpose of supplying water to the Talbert Seawater Barrier via the OC-44 imported water pipeline located on Adams Avenue and the Santa Ana River This is for the water service connection only Water is provided by the Metropolitan Water District of Southern California (MWD) and billed directly to OCWD through the Municipal Water District of Orange County (MWDOC) There is no cost to the City Since the water the City receives from OC-44 is billed through Mesa Consolidated they must be a party to the agreement This arrangement has worked well and the seawater barrier continues to operate as designed GWR is scheduled to go on line beginning later this calendar year However the Department of Health Services has required OCWD to blend GWR water with a domestic water service during the first years of operation Therefore OCWD has approached the City requesting that the agreement for water service be extended an additional four years Strategic Plan Goal C-2 Provide quality public services with the highest professional standards to meet community expectations and needs assuring that the city is sufficiently staffed and equipped overall Public Works Commission Action Not required Environmental Status Not applicable 2 9/25/2007 10 12 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE 10/15/07 DEPARTMENT ID NUMBER PW 07-061 Attachment(s) Amendment Number 1 to Agreement by and between Mesa Consolidated Water District the City of Huntington Beach and Orange County Water District for Interruptible Potable Water Service to Talbert Barrier Facilities 9/25/2007 10 12 AM ATTACHMENT #1 AMENDMENT NUMBER 1 TO AGREEMENT BY AND BETWEEN MESA CONSOLIDATED WATER DISTRICT, THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY WATER DISTRICT FOR INTERRUPTIBLE POTABLE WATER SERVICE TO TALBERT BARRIER FACILITIES This Amendment ("Amendment) is pursuant to the Agreement for Interruptible Potable Water Service to Talbert Barrier Facilities dated November 7, 2001, by and between the MESA CONSOLIDATED WATER DISTRICT, a county water district organized pursuant to Water Code Sections 33200 et seq. and operating pursuant to the County Water District Law, Water Code Sections 30000 et seg., the CITY OF HUNTINGTON BEACH, a municipal subdivision of the State of California, and the ORANGE COUNTY WATER DISTRICT, a special district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Statutes of 1933, as amended. This Amendment provides for the extension of the term of the Agreement. In accordance with Section 3 of said Agreement, the term of this Agreement shall be extended for four (4) years, through November 30, 2011. All other terms and conditions of the Agreement shall remain the same. IN WITNESS WHEREOF, the parties have executed this by and through their authorized officers on OC'_ ,6L--YL /5-, 2007. INITIA ANDAP OVED: 4 Il c ing Director o 13&lic Works APPROVED AS TO FORM: /'City Attorney CITY OF HUNTINGTON BEACH A California municipal corporation a,at- City Clerk REVIEWED AND APPROVED: ity Adm' istrator Approved as to Form: By !� General Counsel Mesa Consolidated Water District Approved as to Form: e County Water District 2 MESA CONSOLIDATED WATER DISTRICT I., To I -n... a wo President Gdneral �1 Manager ORANGE COUNTY WATER DISTRICT y/&zz2 re ident General Manager AMENDMENT NUMBER 1 TO AGREEMENT BY AND BETWEEN MESA CONSOLIDATED WATER DISTRICT, THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY WATER DISTRICT FOR INTERRUPTIBLE POTABLE WATER SERVICE TO TALBERT BARRIER FACILITIES This Amendment ("Amendment) is pursuant to the Agreement for Interruptible Potable Water Service to Talbert Barrier Facilities dated November 7, 2001, by and between the MESA CONSOLIDATED WATER DISTRICT, a county water district organized pursuant to Water Code Sections 33200 et sea. and operating pursuant to the County Water District Law, Water Code Sections 30000 et seq., the CITY OF HUNTINGTON BEACH, a municipal subdivision of the State of California, and the ORANGE COUNTY WATER DISTRICT, a special district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Statutes of 1933, as amended. This Amendment provides for the extension of the term of the Agreement. In accordance with Section 3 of said Agreement, the term of this Agreement shall be extended for four (4) years, through November 30, 2011. All other terms and conditions of the Agreement shall remain the same. IN WITNESS WHEREOF, the parties have executed this by and through their authorized officers on g, 2007. CITY OF HUNTINGTON BEACH A C4fornia municipal corporation City Clerk INITIATEDAND APPROVED: REVIEWED AND APPROVED: irk City Adrrffnistrator APPROVED AS TO FORM: r /-,City Attorney /r3%D�7 Approved as to Form: g Y 440P General Counsel Mesa Consolidated Water District Approved as to Form: County Water District 2 MESA CONSOLIDATED WATER DISTRICT ORANGE COUNTY WATER DISTRICT venerai ivianager District Mission: Dedicated to Satisfying November 15, 2007 our Community's Water Needs Ms. Joan7L. Flynn City Clerk. BOARD OF DIRECTORS City of C.LLintlrlgton reach PAULE.SHOENBERGER President 2000 Main Street Divisiion II y r p 7T 92648 Huntington Beach, CA 92648 JAMES F. ATKINSON First Vice President Division IV Re: Amendment No. I to Talbert altJert Barrier Facilities Agreement FREDBOCKMILLER Vice President Division I T Dear 1�� Flynn:V� s. l' SHAWN DEWANE Vice President Division V TRUDYOHLIG-HALL For Maur records., i have enclosed an eXeeated original of Ait?enCt-men,L No I to the Vice President Agre rVellt by and between Mesa Consolidated Water District, the r!.ty of Division III _ Hunhm)tolt Beach, and Orange County Water District for nterruotibie Potable Water Service to Talbort Barrier Facilities, LEE PEARL General Manager Simtierely, COLEEN L. MONTELEONE District Secretary VICTORIA L. BEATLEY Treasurer /Auditorditor 000-1--GG+ BOWIE, ARNESON, T� Robert R. Mc V icke.r WILES & GIANNONE Legal Counsel i� t� Di trlc`t Engineer P.O. Box 5008 ♦ 1965 Placentia Avenue (92627) ♦ Costa Mesa, California 92628-5008 Telephone (949) 631-1200 A FAX (949) 574-1036 www.mesawater.org Directors SINCE i 933 CLAUDIA ALVAREZ 0 PHILIP.L. ANTHONY o WES BANNISTER 0 0 KATHRYN L. BARR DENIS R. BILODEAU y 10 c P JAN DEBAY �Ti D 0 Off/ OF 1N0 SHAWN NELSON IRV PICKLER STEPHEN R. SHELDON ORANGE COUNTY WATER DISTRICT ROGER C. YOH Orange County's Groundwater Authority November 13, 2007 Ms. Joan Flynn City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: OC-44 Amendment No. 1 to Agreement for Interruptible Potable Water Service to Talbert Barrier Facilities Enclosed is a fully executed original of the referenced Agreement for your files. Sincerely, Janice Durant District Secretary Enclosures Officers PHILIP L. ANTHONY President JAN DEBAY First Vice President KATHRYN L. BARR Second Vice President MICHAEL R. MARKUS General Manager P.O. Box 8300, Fountain Valley, CA 92728-8300 • 10500 Ellis Avenue, Fountain Valley, CA 92708 Telephone (714) 378-3200 Fax (714) 378-3373 Web Page www.ocwd.com RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve Amendment to an Agreement for Interruptible Potable Water Service COUNCIL MEETING DATE October 15 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft If applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits If applicable) Attached (Signed In full by the City Attorney) Not Applicable ❑ Subleases Third Party Agreements etc Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted over $5 000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ) Deputy City Administrator (Initial) ( ) ( 4 City Administrator (Initial) ( ) City Clerk ( ) EXPLANATION• OF (Below Space For City Clerk's Use Only) RCA Author Ken Dills ext 5055 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L FLYNN CITY CLERK October 23 2007 Mesa Consolidated Water District 1965 Placentia Avenue P O Box 5008 Costa Mesa CA 92628-5008 Attn Robert McVicker Dear Mr McVicker Enclosed please find three originals of Amendment No 1 to the Agreement by and Between Mesa Consolidated Water District the City of Huntington Beach and Orange County Water District for interruptible Potable Water Service to Talbert Barrier Facilities Upon execution please return a complete copy to Joan L Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated JF pe Enclosure Agreements G followup agrmtltr Sister Cities Anjo Japan • Waltakere, New Zealand (Telephone 714 536 5227) City of Huntington Beach 2000 Main Street - Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK October 23 2007 Orange County Water District 10500 Ellis Avenue Fountain Valley CA 92708-6921 Attn John Kennedy Dear Mr Kennedy Enclosed please find three originals of Amendment No 1 to the Agreement by and Between Mesa Consolidated Water District the City of Huntington Beach and Orange County Water District for Interruptible Potable Water Service to Talbert Barrier Facilities Upon execution please return a complete copy to Joan L Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated Sincerely Joan L Flynn City Clerk JF pe Enclosure Agreements G followup agrmtltr Sister Cities Anlo Japan e Wa)takere New Zealand (Telephone 714 536 5227) F_&AyVVi j, VW CITY OF HUNTINGTON BEACH' MEETING DATE: September 3, 2002 DEPARTMENT ID NUMBER: PW 02-079 Council/Agency Meeting Held: 09 - 03-oz Deferred/Continued to: Approved ❑ Condition ly Approve D Denied W-CClerk' Signature Council Meeting Date: September 3, 2002 Department ID Number: PW 02-079 CITY OF HUNTINGTON BEACH t REQUEST FOR ACTION CH SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR�� w =` N PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS SUBJECT: APPROPRIATE FUNDS FOR THE EMERGENCY REPAIR OF THE OC-44 WATER TRANSMISSION PIPELINE Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On January 15, 2002, a major pipeline break, occurred on the OC-44 Water Transmission Pipeline. According to a 1964 agreement with Mesa Consolidated Water District, the City is responsible for 41.4% of the costs for repair. The final billing has now been received. Funding Source: An appropriation of $105,000 from the undesignated, unappropriated balance of the Water Fund to Account No. 50685801.67725 (Import Connection Maintenance). Recommended Action: Motion to: Appropriate $105,000 from the undesignated, unappropriated balance of the Water Fund to Account No. 50685801.67725 for payment of emergency repairs to the OC-44 Water Transmission Pipeline. Alternative Action(s): Do not appropriate the funds and instruct staff on how to proceed. 02-079 Sept 3 Dills (OC-44 Repairs).doc -2� 8/21/2002 8:26 AM • REQUEST FOR ACTION • MEETING DATE: September 3, 2002 DEPARTMENT ID NUMBER: PW 02-079 Analysis: On January 15, 2002, a major rupture occurred on the OC-44 Water Transmission Pipeline. The break was located on a section of the pipeline that runs under San Diego Creek in the area between the 73 Freeway and Jamboree Road. OC-44 is a turnout of the East Orange County Feeder No. 2 and is one of the City's three "imported" water connections, delivering water from the Metropolitan Water District of Southern California Twenty-five percent (25%) of Huntington Beach's annual water demand is met with imported water_ OC-44 is jointly owned by Huntington Beach and Mesa Consolidated Water District (Mesa). Based on a 1964 agreement, the City is responsible for 41.4% of the cost of maintenance and repair. In accordance with the agreement, Mesa performs all maintenance and repairs and invoices the City accordingly. The Water Fund has $6,000 budgeted for Fiscal Year 2001-2002 for the routine maintenance of the line. These funds have been expended. It is believed that the pipe failure was caused by a water hammer from the shutdown of the pipeline at a pressure reducing station following the failure of a butterfly valve in the station Because of the underwater location of the break, repair was difficult, time consuming and costly An eighteen -foot section of the 42-inch diameter pipe had to be replaced. OC-44 was put back into service on April 16, 2002. The final cost of the repair project and incidental maintenance was $436,962. As noted above, the City is responsible for 41.4% or $180,902_ Fortunately, an $86,793 credit for the Metropolitan Water District of Southern California's reserve fund reimbursement has been applied to the cost bringing the total to $94,109. Staff is requesting that Council authorize the appropriation of $105,000 in funds from the undesignated Water Fund Balance to reimburse Mesa Consolidated Water District and to cover maintenance costs for the remainder of the year. Environmental Status: All regulatory and permit requirements were the responsibility of Mesa Consolidated Water District and have been addressed. Attachment(s): — l- 1 Fiscal lTpact Statement RCA Author: Ken Dill&jm , phone extension 5055 1 02-079 Sept 3 Dills (OC-44 Repairs).doc �3= 812112002 8:31 AM oZ ATTACHMENT #1 To From: CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Ray Silver, City Administrator Clay Martin, Director of Administrative Services Subject: FIS 2002-35 Appropriate Funds For The Emergency Repair Of The OC-44 Water Transmission Pipeline Date: August 21, 2002 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Appropriate Funds For The Emergency Repair Of The OC-44 Water Transmission Pipeline". If the City Council approves this request (total appropriation $105,000), the estimated working capital of the Water Fund at September 30, 2002 will be reduced to $2,125,000. Clay MartiiA Director of Administrative Services 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works - Water Division SUBJECT: Appropriate Funds for the Emergency Repair of the OC-44 Water Transmission Pipeline COUNCIL MEETING DATE: September 3, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if a plicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contra cVAg ree ment (w/exhibits if applicable) (Signed in f j/ by the City Attome) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attome) Not Applicable Financial Impact Statement (Unbud et, over $5,000) Attached Bonds (lf applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findin s/Conditions for Approval and/or Denial _T_ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED Administrative Staff Assistant City Administrator (Initial ) Cily Administrator (Initial) -0- [City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author Ken Dills, phone extension 5055. Ehring, Liz From: Brockway, Connie Sent: Tuesday, September 03, 2002 5:37 PM To: Ehring, Liz Subject: FW: Costa Mesa Water District Agreement Liz, this is the E-3 on the agenda. Will you check the material in the bucket and put this on top of it for me. Connie -----Original Message ----- From: Dills, Ken Sent: Tuesday, September 03, 2002 2:38 PM To: Brockway, Connie Subject: RE: Costa Mesa Water District Agreement There is no expiration. Sorry about the confusion. The District is now known as "Mesa Consolidated Water District," so I'll leave it to you as to under what name it should be filed. -----Original Message ----- From: Brockway, Connie Sent: Tuesday, September 03, 2002 1:51 PM To: Dills, Ken Subject: Costa Mesa Water District Agreement Thank you very much Ken. I had been looking under Mesa - and located it on microfilm under the proper name. I am going to activate it again. Will it ever expire or should I put perpetual agreement or guess at a date. Because I don't want it being inactivated again accidentally. Connie Brockway, Connie From: Brockway, Connie Sent: Monday, September 02, 2002 12:54 PM To: Dills, Ken Cc: Ehring, Liz Hi Ken, I am attempting to input in the computer data base the appropriation of funds for the emergency repair of the OC- 44 water transmission pipeline. The RCA refers to a 1964 agreement however I cannot locate it. Was it under a different name than Mesa. Do you have a copy. Let me know. Thanks, Connie Item E-3 on 9/3 agenda (tonite's) Connie x5404 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY - CITY CLERK LETTER OF TRANSNUTTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: December 11. 2001 TO: Mesa Consolidated Water District ATTENTION: General Manager 'game — P.O. Box 5008 DEPARTNIENT: siren Costa Mesa, CA 92628-5008 REGARDING; Agreement re: Interruptible City, Slate. Tip --P.o tab l p Wa See Attached Action Agenda Item E—g Date of Approval _ 11 / 19/01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks ConnieBrockway City Clerk Attachments: Action Agenda Page x Agreement RCA CC- R. Beardsley Name K. Dills Name Na:rc Marne C. Mendoza Name DPW Department DPW —Water Department Department Dcpartment Risk Mgmt. Department x x RCA x RCA RCA RCA x RCA Bonds Deed x Agretrnert x Agretment Agreemcrt .agreement Insurance x Other x Insurance Other x Inaurancc O'her Insurance Other Insurance Other x Insurance (Telephone 714.5863227i DATE: CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK `CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH December 11, 2001 TO: Orange County Water District ATTENTION: General Manager Dune 10500 Ellis Avenue/P.O. Box 8300 DEPARTMENT: Street Fountain Valley, CA 92728-2300 REGARDING: Agreement re: Interruptible ciry- state. zip Potable Water Service See Attached Action Agenda Item E-8 Date of Approval 11 / 19 / 01 Enclosed For Your Records Is An Executed Cop), Of The Above Referenced Agenda Item- Remarks - Connie Brockway City Clerk Attachments: Action Agenda Page X Agreement X Bonds RCA Deed CC: R. Beardsley DPW Narre Department K. Dills DPW —Water Name Department Name Department Name C. Mendoza Name Department Risk Mgmt. Department Insurance X Other X X x RCA Agree-nent Insurance Other X x x RCA Agreement Insurance Other Rc A Agreerrer. Insurance Other RCA Ag;eecen t Insurance Other x x RCA Insurance ( Telephone: 714.535-5227 ) Council/Agency Meeting Held: — —d) Deferred/Continued to: Approved ❑ Conditio Ily Approved ❑ Denied ' City Cler Signature Council Meeting Date: November 19, 2001 Department ID Number: PW 001-148 ti o z CITY OF HUNTINGTON BEACH ^ o _' T REQUEST FOR ACTION { C)c�-�r SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS >�:� SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORS PREPARED BY*- OBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS SUBJECT: EXECUTE AN AGREEMENT WITH MESA CONSOLIDATED WATER DISTRICT AND ORANGE COUNTY WATER DISTRICT FOR INTERRUPTIBLE POTABLE WATER SERVICE TO TALBERT BARRIER FACILITIES Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: An agreement with Mesa Consolidated Water District (Mesa) and Orange County Water District (OCWD) will allow OCWD to obtain a service connection from OC-44, an imported water connection located in the City at Adams Avenue and the Santa Ana River, for the purpose of providing water service to the Talbert Seawater Intrusion Barrier. Funding Source: Any and all costs to the City will be reimbursed by OCWD. Recommended Action: Motion to authorize the Mayor and City Clerk to execute the Agreement with Mesa Consolidated Water District and Orange County Water District for Interruptible Potable Water Service to Talbert Barrier Facilities. Alternative Action(s): Do not approve the agreement. �-S 0 REQUEST FOR ACTION 9 MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PW 001- 14E Analysis: The Talbert Seawater intrusion Barrier facilities are a series of injection wells located along Ellis Avenue, designed to provide a barrier to seawater intrusion into the Santa Ana River groundwater basin. As the County has developed, a number of groundwater wells have been lost due to seawater intrusion. This barrier and the groundwater basin are operated and maintained by the Orange County Water District (OCWD). In the past, OCWD has utilized highly treated wastewater from Water Factory 21 for injection. Maintaining the barrier is critical to protect Huntington Beach's water supply. OCWD, in conjunction with the Orange County Sanitation District (OCSD), is in the process of developing the Groundwater Replenishment System (GWRS), whereby wastewater from OCSD will be treated to drinking water standards and then used for injection into the groundwater basin for replenishment. To begin this process, Water Factory 21 will be taken out of service and, for this reason; OCWD needs another source for the seawater barrier. Under the proposed Agreement (Attachment No_ 1) the City would provide a potable water service connection to OCWD for the purpose of supplying water to the Talbert Seawater Intrusion Barrier via the City's OC-44 imported water pipeline located on Adams Avenue and the Santa Ana River. Water would be provided by the Metropolitan Water District of Southern California (MWD). Because the water the City receives from OC-44 is billed through Mesa Consolidated Water District, that agency also must be a party to the Agreement_ The Agreement is for a six -year term and stipulates that OCWD is responsible for all costs associated with constructing and maintaining the connection. All water taken will be billed to OCWD directly by the Municipal Water District of Orange County (MWDOC). No cost to the City is anticipated, however, should costs occur, they will be fully reimbursed by OCWD_ The City may terminate the agreement at any time upon 60 days notice. Under Section 11.b of the Agreement, each party, including the City, will be obligated to indemnify the others for all claims in connection with its negligent or willful misconduct in its performance of this Agreement. A waiver of this indemnification obligation has been obtained and is attached as Attachment No 2. In addition, Section 11 a of the Agreement contains a prevailing party attorney's fees provision, which differs from the City's standard "each -party -pays -its -own" attorneys fee provision_ The governing bodies of both OCWD and Mesa already have approved the Agreement. However, the City requested clarification of selected provisions of the Agreement to avoid having to revise the Agreement_ The parties' interpretation of these provisions is set forth in a letter attached hereto as Attachment No. 3_ RCA for OC44b -2- 1118101 6:00 PM 0 REQUEST FOR ACTION 10 MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PW 001- 148 Environmental Status: Not applicable. Attachments : 1 N 3 Agreement for Interruptible Potable Water Service to Talbert Barrier Facilities Insurance and Indemnification Waiver November 5. 2001 letter to Orange County Water District and Mesa Consolidated Water District RCA Author: Ken Dills:jm ext. 5055 RCA for OC44b -3- 11/8101 6:00 PM E • ATTACHMENT #1 • AGREEMENT BETWEEN MESA CONSOLIDATED WATER DISTRICT, THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY WATER DISTRICT FOR INTERRUPTIBLE POTABLE WATER SERVICE TO TALBERT BARRIER FACILITIES This Agreement "Agreement" entered into as of, 2001, by and between the MESA CONSOLIDATED WATER DISTRICT, a county water district organized pursuant to Water Code Sections 33200 et seq. And operating pursuant to the County Water District Law, Water Code Sections 30000, et seg. (hereinafter referred to as "Mesa"), the CITY OF HUNTINGTON BEACH, a municipal subdivision of the State of California (hereinafter referred to as "City") and the ORANGE COUNTY WATER DISTRICT, a special district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Statutes of 1933, as amended (hereinafter referred to as "OCWD"). RECITALS A. OCWD has statutory responsibility for management of the Orange County Groundwater Basin underlying central and northern Orange County as referenced within the Orange County Water District Act identified above (Groundwater Basin). As part of maintaining water quality within the Groundwater Basin, OCWD has constructed and maintains the Talbert Barrier, which is comprised of a system of facilities which inject potable water into specific areas of the Groundwater Basin in order to prevent seawater intrusion into the potable water pumping areas of the Groundwater Basin (collectively the "Talbert Barrier". The Talbert Barrier facilities are owned, operated and maintained by OCWD and are in certain cases collectively referred to herein as the "Facilities". In order that the Facilities continue to be effective, OCWD needs to have available a potable water supply for injection into the Groundwater Basin to maintain the Talbert Barrier. B. OCWD has determined that the Talbert Barrier, in order for it to be properly maintained and function as designed, will need additional potable water beyond what OCWD's current sources can provide. OCWD has requested that the City and Mesa review their potable water requirements and supplies with the goal of providing additional potable water to OCW'D for use in maintaining the Talbert Barrier as provided for under the terms of this Agreement. C. The City and Mesa have reviewed the information provided by OCWD relative to the operational requirements of the Facilities and have determined that their respective groundwater production systems, including potable water production facilities utilizing the outm Poe • Groundwater Basin, and due to their respective wells being in close proximity to the Talbert Barrier and the Facilities, will benefit from proper maintenance of the Talbert Barrier and provision of adequate potable water supplies to meet the requirements of the Facilities. D. OCWD, the City and Mesa desire to enter into this Agreement to set forth the terms and conditions for the provision of potable water by the City and Mesa to OCWD for purposes of maintaining the Talbert Barrier, and the reimbursement of costs therefor, upon the terms and conditions set forth herein. E. City and Mesa jointly own the OC44 transmission line in Adams Avenue, which provides imported water from the Metropolitan Water District (MWD) to both of their service areas. City and Mesa have an existing agreement whereby Mesa maintains the OC44 transmission line. V. City and Mesa are agreeable to allow OCWD to construct a pipeline from their existing Water Factory 21 treatment plant to the OC44 transmission line so that imported MWD water can be injected into the Talbert Barrier facilities. G. The Municipal Water District of Orange County is responsible for administrating and importing MWD supplies into the area and will directly charge OCWD for the water taken from the OC44 transmission line. AGREEMENT NOW, THEREFORE, IN CONSIDERATION OF THE FACTS FIRST RECITED ABOVE AND THE COVENANTS, CONDITIONS AND PROMISES CONTAINED HEREIN, THE PARTIES HERETO DO AGREE AS FOLLOWS: Section I. Recitals. The foregoing recitals to this Agreement are true and correct and are hereby incorporated by this reference. Section 2. Definitions. "Agreement" means this Agreement. "Barrier Water" means potable water or other water of quality acceptable to OCWD, 2 u for use in the Facilities as provided by Mesa and/or the City under the terms of this Agreement. "CFS" means cubic feet per second as a measured rate of flow. "Met" means the Metropolitan Water District of Southern California. "MWDOC" means the Municipal Water District of Orange County. "Talbert Barrier" means that seawater intrusion prevention barrier system operated and maintained by OCWD. Section 3. Term of Agreement; Extension; Termination. a. This Agreement shall become effective as of the date first set forth above, The term of this Agreement shalt be six (6) years, subject to earlier termination pursuant to the following terms of this Section. The term of this Agreement may be extended beyond the specified sixth year upon the written concurrence of the City, Mesa and OCWD for a term that shall be specified in such extension concurrence. b. OCWD may terminate this Agreement upon written notice to the City and Mesa prior to the expiration of the designated term upon a 60 days notice herein provided that all of OCWD's obligations and responsibilities under the term of this Agreement are at such time current. C. Unless terminated sooner pursuant to the provisions of Sections 3(d) and 3(e) hereof, any party shall provide the other parties hereto with written notice of its election not to renew or further extend the term of this Agreement, which notice shall be provided a minimum of three (3) months prior to the date specified for expiration or non -renewal. d. The Agreement may be terminated sooner by mutual written consent of all of the parties hereto. c_ City or Mesa, may terminate this Agreement upon a 60 days notice. Section 4. Intention. It is the intention of the parties hereto that OCV D shall continue to operate and maintain the Talbert Barrier to the benefit of those public agencies utilizing the Groundwater Basin for 3 potable water production purposes including, but not limited to, Mesa and the City. In order to assist OCWD in so doing, the City and Mesa agree to provide OCWD Barrier Water on an interruptible basis upon the terms and conditions set forth in this Agreement. It is the specific intention of the parties hereto that the water furnished by the City and Mesa to OCWD shall be used by OCWD exclusively as Barrier Water and for no other purposes without the express prior written consent of the City or Mesa, as the case shall be. It is the intention of the parties hereto that OCWD shall make the City and Mesa completely whole for the costs of provision of Barrier Water under the terms of this Agreement. Section 5. Findings. Pursuant to the provisions of Water Code Section ;1022, Mesa has reviewed its available imported and local sources of potable water supply, and other non -potable water sources, and has considered and reviewed its current water requirements and water demands (potable and non - potable) from its customers. Pursuant to Water Code Section 31022, Mesa hereby determines that it has available potable water to provide to OCWD on an interruptible basis for purposes of supporting the Talbert Barrier system, and that the maintenance of such Talbert Barrier system shall benefit Mesa by protecting Mesa's potable groundwater production facilities and resources. Section 6. Provision of Barrier Water. a. The City and Mesa agree to provide to OCW-D, and OCWD agrees to receive and compensate Mesa and the City for, up to thirteen (13) CFS of potable water for use by OCW'D in supplying the Talbert Barrier system with Barrier Water. The following terms and conditions shall specifically apply to the furnishing and provision of Barrier Water by the City and Mesa to OCWD: (i). The provision of Barrier Water shall, at all times, be considered to be an interruptible source of water and either the City or Mesa may, in their sole discretion, at any time, for any reason, on at least twelve (12) hours prior notice to OCWD, discontinue the furnishing of Barrier Water for such duration as the City and/or Mesa shall determine in their sole discretion. In the event of an emergency which threatens health, welfare or safety, as determined by the General Manager of Mesa or the Water System Director of the City, as applicable, either the City or Mesa may interrupt the provision of Barrier Water upon a shorter period of time, but shall endeavor to give OCWD as much advanced warning of such discontinuation of services as shall be possible under the circumstances then existing. In the event of a discontinuation under the provisions of this 4 subparagraph, the City and/or Mesa shall coordinate with OCWD relative to the resumption of provision of Barrier Water service. The City and Mesa shall provide Barrier Water to OCWD through the OC44 transmission line on Adams Avenue just west of the Santa Ana River, and at such location, where the City and Mesa shall each agree and as is generally shown on Exhibit A. Any point of connection between the potable water systems of either the City or Mesa, and the Barrier Water systems of OCWD shall be acceptable to the City or Mesa, as shall be appropriate_ The cost for connection of such facilities shall be the responsibility of OCWD, and in the event that such connection(s) results in costs to Mesa or the City, OCWD shall promptly reimburse Mesa or the City, as the case shall be, for all such costs. OCWD shall, at its sole cost and expense, install a meter for a purpose of measuring Barrier Water furnished to OCWD by Mesa and the City, as shall be applicable. The -type and form of such meter shall be acceptable to the City or Mesa, depending upon the connection concerned. The meter(s) installed to measure the amount of Barrier Water purchase under OCWD under the terms of this Agreement shall be accessible to the employees of OCWD, Mesa and the City. Upon the termination of this Agreement, the point of connection between the potable water systems of the City and Mesa, with that of OC%rD, may be valved off or may be severed, as Mesa or the City, in their discretion's, shall determine and direct. All costs of such final actions shall be born by OCWD and any costs incurred by Mesa or the City in regard to such final action shall be promptly reimbursed by OCWD. Such meter(s) shall be of sufficient size in order to allow the Barrier Water to be delivered to OCWD at the maximum flow rate specified in Section 6(a) above. The meter(s) shall be tested no less often than biannually by OCWD, at OCWD's sole cost and expense. The results of such meter testing shall be furnished in writing to Mesa and the City pursuant to Section 11(i) hereof promptly after completion of each such test. (iii). All costs and expenses regarding Barrier Water shall be as addressed in Section 7 of this Agreement. (iv). If required by the City or Mesa, as applicable, OCWD shall, at its sole cost and expense, install backflow prevention devices or methods at or immediately downstream of the point of connection in order to prevent bacicflow conditions from occurring to the potable water systems of the City or Mesa, as shall be applicable. The determination to require such backflow prevention devices or 5 methods shall lie with Mesa or the City in their sole discretion, as shall be applicable. (v). The staff of the City, Mesa and OCWD will coordinate on the development of an operations plan for the provision of Barrier Water service pursuant to the terms of this Agreement. The City and Mesa shall have ultimate authority to adjust their respective delivery flows to OCWD and shall at all times be subject to the provisions of Section 6 of this Agreement. (vi). It is the specific intention and agreement of the parties hereto that all Barrier Water fumished to OCWD by Mesa or the City shall be viewed as passed through water that is not part of the City or Mesa's normal supply usage. The City, Mesa and OCWD staff shall work together to ensure that other agencies, including, but not limited to MWDOC and Met, exclude all Barrier Water fumished to OCWD under the terms of this Agreement from the City's and Mesa's water supply and usage quantities for all purposes. (vii). Any use of Barrier Water supplied to OCWD by either the City or mesa, in part or in whole, for purposes other than operation maintenance of the Talbert Barrier system, must be approved by the City and Mesa, in xvriting, prior to commencing such use. In the event that such alternative use is approved by the City and Mesa, the City and Mesa shall, in their sole and absolute discretion, determine the appropriate water rate(s) to be charged for such use and OCWD agrees to pay such rate(s) as otherwise provided for in the terms and conditions of this Agreement. (viii). Delivery of Barrier Water to OCWD shall occur at the point of connection as generally shown on Exhibit A. Thereafter, all Barrier Water fumished by the City or Mesa shall be the sole property, and responsibility, of OCWD which shall thereafter be solely responsible for such Barrier Water and all conditions related thereto as otherwise provided for under the terms of this Agreement. Mesa and the City shall have no responsibility for any water loss that occurs past the point of connection. (ix). Notwithstanding any provision herein to the contrary, Mesa and the City shall have no liability to OCWD for Mesa's or the City's, as the case may be, inability to produce, deliver or sell Barrier Water to OCWD in any particular quantity or at any particular time. 6 Section 7. Costs of Provided Barrier Water. The City and Mesa shall read their corresponding meters on a monthly basis to determine the amount of Barrier Water furnished to OCWD in the corresponding period. All invoices furnished to OCW"D shall indicate the beginning and ending meter readings and the total amount of Barrier Water furnished to OCWD within the corresponding period. It is the intention and express agreement of the parties hereto that the City and Mesa will not incur a cost for the production, purchase. delivery and sale of Barrier Water to OCWD. OCN D agrees to make Mesa and the City "financially whole" for any and all costs associated with the production and delivery of the Barrier Water. Mesa shall record and maintain records regarding the costs of the production and delivery of provided Barrier Water. Such costs shall include, but shall not be limited to: Energy and utilities Costs of production or purchase (based on source(s)) Facility and equipment maintenance, repair, replacement, restoration and rehabilitation Labor, consultant labor as well as in-house labor (including administrative overhead) Equipment Additional power backup, or emergency power, requirements or costs All permits Treatment, including chemicals and materials Allocated costs of Insurance Water quality assurance, testing and monitoring The staffs of the City and Mesa, in consultation with staff of OCWD, will be responsible for periodically determining costs and establishing an appropriate water rate to satisfy the foregoing paragraphs. The water rate for Barrier Water is specifically acknowledged and agreed by the parties to be subject to change according the included costs for the provision thereof to Mesa and the City, as the case may be. City, Mesa and OCWD will perform an annual year-end reconciliation of total water costs for the provision of Barrier Water by the City and Mesa. if as a result of such annual year-end reconciliation additional costs are due from OCWD to the City or Mesa, OCWD shall provide such additional adjustment payments within thirty (30) days of the provision of the year-end reconciliation by the City and/or Mesa as the case may be. If as a result of such annual year-end reconciliation a refund of costs paid are due from the City or Mesa to OCWD, the City and/or Mesa shall provide payments within thirty (30) days of the year-end " 0 reconciliation by the City and/or Mesa as the case may be. Subject to the provisions of this Agreement, OCWD shall be responsible for all costs charged or imposed by MWDOC or Met on the City or Mesa resulting from the furnishing of Barrier Water to OCWD. Such Met or MWDOC costs shall either be paid directly by OCWD to Met or MWDOC as the case may be, or shall be reimbursed to the City or Mesa, as shall be agreed upon by the parties hereto. Section 8. Billing Schedule. OCWD will be billed by MWDOC based on the meter reading at the point of connection. Mesa will provide the metered amount to MWDOC for the prior month by 2:00 p.m. on the third working day of the following month_ OCWD will be billed for the costs quarterly by the 15`h of the month following the end of the quarter, unless Costs exceed $5,000 in a month. If and when this occurs OCWD will be billed monthly. OCWD will reimburse Mesa and/or the City within 30 calendar days of receipt of each such invoice. On the 31" calendar day OCWD will be charged interest at the rate of I% per month on any unpaid balance. In the event of a dispute concerning any amount invoiced by Mesa or the City to OCWD, OCWD shall promptly notify Mesa or the City, as the case may be, of the disputed amount. Any amounts not disputed within thirty (30) calendar days of the receipt of such invoice shall be waived by OCWD_ Section 9. Records. OCWD will have the right to examine Mesa or City records of reimbursement expenses for the costs for a period of one year from the date of invoice. Mesa or the City will retain all records connected with this Agreement for a period not less than two fiscal years. 8 ,P Section 10. Insurance. a_ Workers' Compensation/Emplover's Liability Worker's Compensation: by the signatures hereunder, each party certifies that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer (and their consultants and subcontractors) to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and it will comply with such provisions before commencing the performance of the work of this Agreement Workers' compensation/employer's liability shall be written on a policy form providing workers' compensation statutory benefits as required by law. Employer's liability limits shall be no less that one million dollars per accident or disease. Each party shall provide a certificate of insurance for worker's compensation/emplover's liability endorsed to waive anv right of subrogation. b. General Liability Insurance. General Liability Insurance: Each party agrees to carry at least one million dollars $1.000,000/$2,000,000 (occurrence/general and products/completed operations aggregate) of commercial general liability insurance during the term of this Agreement. Coverage shall be at least as broad as the Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 00 01 11 85 or 88) Each party agrees to give the other, it's officers, directors, employees, agents, and authorized volunteers insured status under its policy using ISO endorsement CG 20 10 11 85 or equivalent and provide a certificate of insurance and additional insured endorsement. C. Acceptability of Insurers. Insurance is to be placed with insurers having a current A.M. Best rating of no Iess than A-: V1I or equivalent for self-insurance or insurance held with a joint powers entity. Exception: Worker's Compensation Insurance held under the State Compensation insurance shall be exempt from the A-VII Best rating requirement. d. Notice of Cancellation The certificates shall reflect that the insurer will provide 30 days notice to the parties of any cancellation of coverage. The parties agree to require their insurers to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written 9 notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. Section 11. Miscellaneous. a. Attornev Fees. If any party to this agreement brings an action or proceeding against any other party to this agreement by reason of default of any term or condition of this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover, as an element of its cost of suit, and not as damages, reasonable attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment. The "prevailing party" as the term is used herein, shall be the party who is entitled to recover costs of suit, whether or not such suit proceeds to final judgment, and shall include, without limitation, a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached, or considerations substantially equal to the relief sought in such action. b. Indemnification Each party to this agreement hereto agrees to indemnify, defend and hold harmless the other parties hereto, their respective directors, officers, agents, employees, consultants and representatives from and against all claims, demands, costs, judgments and actions in connection with the negligent or willful misconduct of the indemnifying party, its officers, agents, employees and representatives in the performance of this Agreement. C. No Waiver of Breach. Except as expressly provided for herein, no failure to exercise or delay in exercising any right, power or remedy accruing to either party on any breach or default of the other hereunder shall impair any such right, power or remedy, or be construed as a waiver of any such breach or default, and no waiver of any single breach or default shall be construed as a waiver of any other breach or default theretofore or thereafter occurring. d. Interpretation. The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, and/or has the requisite experience and 10 • • sophistication to understand, interpret and agree to the particular language of the Agreement_ e. Cooperation. The parties hereto agree to cooperate with each other in the execution of such further documents, and to take such other actions, as are reasonably necessary in good faith to effectuate this Agreement and the intent hereof. f. Force Maieure. The time within which either party hereto shall be required to perform any act under this Agreement, other than the payment of money, shall be extended by a period of time equal to the number of days during which performance of such act is unavoidably delayed by strikes, lockouts, acts of God, governmental restrictions, failure or inability to secure materials or labor by reason of priority or similar regulations or order of any govemment or regulatory body. war, civil disturbance, fire and unavoidable casualties hereto. g. Severability. If any term, provision, condition or covenant of the Agreement, or the application thereof to any party or circumstances shall to any extent be held invalid or unenforceable, the remainder of the Agreement, or the application of such term, provision, covenant or condition to persons or circumstances other than those to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent provided by law. h. Applicable Law. The parties hereto understand and agree that the terns of this Agreement, and the attachments and appendices attached hereto, have been negotiated and executed within the State of California and shall be governed by and construed under, the laws of the State of California. The parties hereto do expressly agree that in the event of a dispute concerning the terms hereof, venue for any legal action shall be with the appropriate court in the County of Orange, State of California. • • i. Notices. Any notices required to be given by Mesa, City or OCWD pursuant to the provisions hereof shall be deemed to be given and to have been received (a) when personally delivered; (b) one business day after consignment to any overnight courier service; or (c) three business days after deposit of same in any united States Post Office, or United States mail, first class postage prepaid, addressed as follows - To Mesa: Mesa Consolidated Water District Attention: General Manager P.O. Box 5008 Costa Mesa, CA 92628-5008 Payments and Invoice Related Items Mesa Consolidated Water District Attention: Accounting P.O. Box 5008 Costa Mesa, CA 92628-5008 To: OCWD Orange County Water District Attention: General Manager 10500 Ellis Avenue Post Office Box 8300 Fountain Valley, CA 92728-2300 To: City of Huntington Beach City of Huntington Beach Attention: Public Works Director 2000 Main Street, 2nd Floor P.O. Box 190 Huntington Beach, CA 91548 j. Integration. Construction and Amendments. This Agreement represents the entire understanding of OCWD, the City and Mesa as to those matters contained herein. No prior oral or written understanding shall be of any force or 12 • effect with respect to those matters covered by this Agreement. This Agreement shall be construed and governed as if drafted by Mesa, the City and OCWD. No addition to, or modification of, any provision contained in this Agreement shall be effective unless fully set forth in writing signed by the authorized representative of all of the parties hereto_ k. Successors and Assigns. All of the terms, conditions and provisions of this Agreement shall inure to the benefit of, and be binding upon, OCWD, the City and Mesa and their respective successors and assigns. Any party without the prior written consent of the other parties hereto shall not assign this Agreement. 1. Warranty of Authority. Mesa, the City and OCWD each hereby represent and warrant that they have all requisite power and authority to execute and deliver, and to perform their obligations under, this Agreement and that this Agreement constitutes a legal, valid and binding obligation of Mesa, City and OCWD and is enforceable against Mesa, the City and OCWD in accordance with the terms and provisions herein. 13. l IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first date written above. Approved as to Form: By� to 7 4:2,, City Attorney City of Huntington Beach Approved as to Form: By _ 05�'a4-a-- - General Counsel Mesa Consolidated Water District Approved as to Form: By C� .S` General Counsel Orange County Water District CITY OF HUNTINGTON BEACH By . Mayor By City Clerk =dr // -a f Q MESA CONSOLIDATED WATER DISTRICT i By Presi ent By General Manager ORANGE COUNTY WATER DISTRICT I By President By General Manager 14 mc a 1o3 .� CO z m 0 Talbert m Ave. , Talbert Seawater Barrier acilzties NORTI Water- > Garfield Ave. Facto Huntington Mesa ! New Lire and ' Connectio to OC44 —► Constructed by OCWD Yorktown Ave. - r Newport Mesa j� NevtiY, System Adams Ave. WF Inlecn Wells Exhibit A l Line �. ExistingOC44 Transmission ' Indianapolis I Ave . 0 AGREEMENT BETWEEN MESA CONSOLIDATED WATER DISTRICT, THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY WATER DISTRICT FOR INTERRUPTIBLE POTABLE WATER SERVICE TO TALBERT BARRIER FACILITIES This Agreement "Agreement" entered into as of, 2001, by and between the MESA CONSOLIDATED WATER DISTRICT, a county water district organized pursuant to Water Code Sections 33200 et seg. And operating pursuant to the County Water District Law, Water Code Sections 30000, et sect. (hereinafter referred to as "Mesa"), the CITY OF HUNTINGTON BEACH, a municipal subdivision of the State of California (hereinafter referred to as "City") and the ORANGE COUNTY WATER DISTRICT, a special district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Statutes of 1933, as amended (hereinafter referred to as "OCWD"). _ RECITALS A. OCWD has statutory responsibility for management of the Orange County Groundwater Basin underlying central and northern Orange County as referenced within the Orange County Water District Act identified above (Groundwater Basin). As part of maintaining water quality within the Groundwater Basin, OCWD has constructed and maintains the Talbert Barrier, which is comprised of a system of facilities which inject potable water into specific areas of the Groundwater Basin in order to prevent seawater intrusion into the potable water pumping areas of the Groundwater Basin (collectively the "Talbert Barrier". The Talbert Barrier facilities are owned, operated and maintained by OCWD and are in certain cases collectively referred to herein as the "Facilities". In order that the Facilities continue to be effective, OCWD needs to have available a potable water supply for injection into the Groundwater Basin to maintain the Talbert Barrier. B. OCWD has determined that the Talbert Barrier, in order for it to be properly maintained and function as designed, will need additional potable water beyond what OCV4'D's current sources can provide. OCWD has requested that the City and Mesa review their potable water requirements and supplies with the goal of providing additional potable water to OCWD for use in maintaining the Talbert Barrier as provided for under the terms of this Agreement. _ C. The City and Mesa have reviewed the information provided by OCWD relative to the operational requirements of the Facilities and have determined that their respective groundwater production systems, including potable water production facilities utilizing the OCWD POC • • Groundwater Basin, and due to their respective wells being in close proximity to the Talbert Barrier and the Facilities, will benefit from proper maintenance of the Talbert Barrier and provision of adequate potable water supplies to meet the requirements of the Facilities. D. OCWD, the City and Mesa desire to enter into this Agreement to set forth the terms and conditions for the provision of potable water by the City and Mesa to OCWD for purposes of maintaining the Talbert Barrier, and the reimbursement of costs therefor, upon the terms and conditions set forth herein. E. City and Mesa jointly own the OC44 transmission line in Adams Avenue, which provides imported water from the Metropolitan Water District (MWD) to both of their service areas. City and Mesa have an existing agreement whereby Mesa maintains the OC44 transmission line. F. City and Mesa arc agreeable to allow OCWD to construct a pipeline from their existing Water Factory 21 treatment plant to the OC44 transmission line so that imported MWD water can be injected into the Talbert Barrier facilities. G. The Municipal Water District of Orange County is responsible for administrating and importing MWD supplies into the area and will directly charge OCWD for the water taken from the OC44 transmission line. AGREEMENT NOW, THEREFORE, IN CONSIDERATION OF THE FACTS FIRST RECITED ABOVE AND THE COVENANTS, CONDITIONS AND PROMISES CONTAINED HEREIN, THE PARTIES HERETO DO AGREE AS FOLLOWS: Section 1. Recitals. The foregoing recitals to this Agreement are true and correct and are hereby incorporated by this reference. Section 2. Definitions. "Agreement" means this Agreement. "Barrier Water" means potable water or other water of duality acceptable to OCWD, r� for use in the Facilities as provided by Mesa and/or the City under the terms of this Agreement. "CFS" means cubic feet per second as a measured rate of flow. "Met" means the Metropolitan Water District of Southern California. "MWDOC" means the Municipal Water District of Orange County. "Talbert Barrier" means that seawater intrusion prevention barrier system operated and maintained by OCWD. Section 3. Term of Agreement; Extension; Termination. a. This Agreement shall become effective as of the date first set forth above, The term of this Agreement shall be six (6) years. subject to earlier termination pursuant to the following terms of this Section. The term of this Agreement may be extended beyond the specified sixth year upon the written concurrence of the City, Mesa and OCWD for a term that shall be specified in such extension concurrence. b. OCWD may terminate this Agreement upon written notice to the City and Mesa prior to the expiration of the designated term upon a 60 days notice herein provided that all of OCWD's obligations and responsibilities under the term of this Agreement are at such time current. C. Unless terminated sooner pursuant to the provisions of Sections 3(d) and 3(e) hereof, any party shall provide the other parties hereto with written notice of its election not to renew or further extend the term of this Agreement, which notice shall be provided a minimum of three (3) months prior to the date specified for expiration or non -renewal. d. The Agreement may be terminated sooner by mutual written consent of all of the parties hereto. e. City or Mesa, may terminate this Agreement upon a 60 days notice. Section 4. Intention. It is the intention of the parties hereto that OCWD shall continue to operate and maintain the Talbert Barrier to the benefit of those public agencies utilizing the Groundwater Basin for 3 01 potable water production purposes including, but not limited to, Mesa and the City. In order to assist OCWD in so doing, the City and Mesa agree to provide OCWD Barrier Water on an interruptible basis upon the terms and conditions set forth in this Agreement. it is the specific intention of the parties hereto that the water furnished by the City and Mesa to OCWD shall be used by OCWD exclusively as Barrier Water and for no other purposes without the express prior written consent of the City or Mesa, as the case shall be. It is the intention of the parties hereto that OCWI) shall make the City and Mesa completely whole for the costs of provision of Barrier Water under the terms of this Agreement. Section 5. Findings. Pursuant to the provisions of Water Code Section 31022, Mesa has reviewed its available imported and local sources of potable water supply, and other non -potable water sources, and has considered and reviewed its current water requirements and water demands (potable and non - potable) from its customers. pursuant to Water Code Section 31022, Mesa hereby determines that it has available potable rater to provide to OCWD on an interruptible basis for purposes of supporting the Talbert Barrier system, and that the maintenance of such Talbert Barrier system shall benefit Mesa by protecting Mesas potable groundwater production facilities and resources. Section 6. Provision of Barrier Water. a. The City and Mesa agree to provide to OCR'D, and OCWD agrees to receive and compensate Mesa and the City for, up to thirteen (13) CFS of potable water for use by OCWD in supplying the Talbert Barrier system with Barrier Water. The following terms and conditions shall specifically apply to the furnishing and provision of Barrier Water by the City and Mesa to OCWD: (i). The provision of Barrier Water shall, at all times, be considered to be an interruptible source of water and either the City or Mesa may, in their sole discretion, at any time, for any reason, on at least twelve (I 2) hours prior notice to OCWD, discontinue the furnishing of Barrier Water for such duration as the City and/or Mesa shall determine in their sole discretion. In the event of an emergency which threatens health, welfare or safety, as determined by the General Manager of Mesa or the Water System Director of the City, as applicable, either the City or Mesa may interrupt the provision of Barrier Water upon a shorter period of time, but shall endeavor to give OCWD as much advanced warning of such discontinuation of services as shall be possible under the circumstances then existing. In the event of a discontinuation under the provisions of this 4 subparagraph, the City and/or Mesa shall coordinate with OCWD relative to the resumption of provision of Barrier Water service. The City and Mesa shall provide Barrier Water to OCWD through the OC44 transmission line on Adams Avenue just west of the Santa Ana River, and at such location, where the City and Mesa shall each agree and as is generally shown on Exhibit A. Any point of connection between the potable water systems of either the City or Mesa, and the Barrier Water systems of OCWD shall be acceptable to the Citv or Mesa, as shall be appropriate. The cost for connection of such facilities shall be the responsibility of OCWD, and in the event that such connection(s) results in costs to Mesa or the City, OCWD shall promptly reimburse Mesa or the City, as the case shall be, for all such costs. OCWD shall, at its sole cost and expense, install a meter for a purpose of measuring Barrier Water furnished to OCWD by Mesa and the City, as shall be applicable. The type and form of such meter shall be acceptable to the City or Mesa, depending upon the connection concerned. The meter(s) installed to measure the amount of Barrier Water purchase under OCWD under the terms of this Agreement shall be accessible to the employees of OCWD, Mesa and the City. Upon the termination of this Agreement, the point of connection between the potable water systems of the City and Mesa, with that of OCWD, may be valved off or may be severed, as Mesa or the City, in their discretion's, shall determine and direct. All costs of such final actions shall be born by OCWD and any costs incurred by Mesa or the City in regard to such final action shall be promptly reimbursed by OCWD. Such meter(s) shall be of sufficient size in order to allow the Barrier Water to be delivered to OCWD at the maximum flow rate specified in Section 6(a) above. The meter(s) shall be tested no less often than biannually by OCWD, at OCWD's sole cost and expense. The results of such meter testing shall be furnished in writing to Mesa and the City pursuant to Section 11(i) hereof promptly after completion of each such test. All costs and expenses regarding Barrier Water shall be as addressed in Section 7 of this Agreement. (iv). If required by the City or Mesa, as applicable, OCWD shall, at its sole cost and expense, install backflow prevention devices or methods at or immediately downstream of the point of connection in order to prevent backflow conditions from occurring to the potable water systems of the City or Mesa, as shall be applicable. The determination to require such backflow prevention devices or 5 methods shall lie with Mesa or the City in their sole discretion, as shall be applicable. (v). The staff of the City. Mesa and OCWD will coordinate on the development of an operations plan for the provision of Barrier Water service pursuant to the terms of this Agreement. The City and Mesa shall have ultimate authority to adjust their respective delivery floes to OCWD and shall at all times be subject to the provisions of Section 6 of this Agreement. (vi). It is the specific intention and agreement of the parties hereto that all Barrier Water furnished to OCWD by Mesa or the Citv shall be viewed as passed through water that is not part of the City or Mesa's normal supply usage. The City, Mesa and OCWD staff shall work together to ensure that other agencies, including, but not limited to MWDOC and Met, exclude all Barrier Water furnished to OCWI) under the terms of this Agreement from the City's and Mesa's water supply and usage quantities for all purposes. (vii). Any use of Barrier Water supplied to OCWD by either the City or Mesa, in part or in whole, for purposes other than operation maintenance of the Talbert Barrier system, must be approved by the City and Mesa, in writing, prior to commencing such use. In the event that such alternative use is approved by the City and Mesa, the City and Mesa shall, in their sole and absolute discretion, determine the appropriate water rate(s) to be charged for such use and OCWD agrees to pay such rate(s) as otherwise provided for in the terms and conditions of this Agreement. (viii). Delivery of Barrier Water to OCWD shall occur at the point of connection as generally shown on Exhibit A. Thereafter, all Barrier Water furnished by the City or Mesa shall be the sole property, and responsibility, of OCWD which shall thereafter be solely responsible for such Barrier Water and all conditions related thereto as otherwise provided for under the terms of this Agreement. Mesa and the City shall have no responsibility for any water loss that occurs past the point of connection. (ix). Notwithstanding any provision herein to the contrary, Mesa and the City shall have no liability to OCWD for Mesa's or the City's, as the case may be, inability to produce, deliver or sell Barrier Water to OCWD in any particular quantity or at any particular time. 6 Section 7. Costs of Provided Harrier Water. The City and Mesa shall read their corresponding meters on a monthly basis to determine the amount of Barrier Water furnished to OCWD in the corresponding period. All invoices furnished to OCWD shall indicate the beginning and ending meter readings and the total amount of Barrier Water fumished to OCWD within the corresponding period. It is the intention and express agreement of the parties hereto that the City and Mesa will not incur a cost for the production, purchase, delivery and sale of Barrier Water to OCWD. OCWD agrees to make Mesa and the City "financially whole" for any and all costs associated with the production and delivery of the Barrier Water. Mesa shall record and maintain records regarding the costs of the production and delivery of provided Barrier Water. Such costs shall include, but shall not be limited to: Energy and utilities Costs of production or purchase (based on source(s)) Facility and equipment maintenance, repair, replacement, restoration and rehabilitation Labor, consultant labor as well as in-house labor (including administrative overhead) Equipment Additional power backup, or emergency power, requirements or costs All permits Treatment, including chemicals and materials Allocated costs of Insurance Water quality assurance, testing and monitoring The staffs of the City and Mesa, in consultation with staff of OCWD, will be responsible for periodically determining costs and establishing an appropriate water rate to satisfy the foregoing paragraphs. The water rate for Barrier Water is specifically acknowledged and agreed by the parties to be subject to change according the included costs for the provision thereof to Mesa and the City, as the case may be. City, Mesa and OCWD will perform an annual year-end reconciliation of total water costs for the provision of Barrier Water by the City and Mesa. If as a result of such annual year-end reconciliation additional costs are due from OCWD to the City or Mesa, OCWD shall provide such additional adjustment payments within thirty (30) days of the provision of the year-end reconciliation by the City and/or Mesa as the case may be. If as a result of such annual year-end reconciliation a refund of costs paid are due from the City or Mesa to OCWD, the City and/or Mesa shall provide payments within thirty (30) days of the year-end 7 reconciliation by the City and/or Mesa as the case may be. Subject to the provisions of this Agreement, OCWD shall be responsible for all costs charged or imposed by MWDOC or Met on the City or Mesa resulting from the furnishing of Barrier Water to OCWD. Such Met or MWDOC costs shall either be paid directly by OCWD to Met or MWDOC as the case may be, or shall be reimbursed to the Cite or Mesa, as shall be agreed upon by the parties hereto. Section 8. Billing Schedule. OCWD will be billed by MWDOC based on the meter reading at the point of connection. Mesa will provide the metered amount to MWDOC for the prior month by 2:00 p.m. on the third working day of the following month. OCWD will be billed for the costs quarterly by the 15" of the month following the end of the quarter, unless Costs exceed $5,000 in a month. If and when this occurs OCWD will be billed monthly. OCWD will reimburse Mesa and/or the City within 30 calendar days of receipt of each such invoice. On the 31" calendar day OCWD will be charged interest at the rate of 1% per month on any unpaid balance. In the event of a dispute concerning any amount invoiced by Mesa or the City to OCWD, OCWD shall promptly notify Mesa or the City, as the case may be, of the disputed amount. Any amounts not disputed within thirty (30) calendar days of the receipt of such invoice shall be waived by OCWD. Section 9. Records. OCWD will have the right to examine Mesa or City records of reimbursement expenses for the costs for a period of one year from the date of invoice. Mesa or the City will retain all records connected with this Agreement for a period not less than two fiscal years. 8 Section 10. Insurance. a. Workers' Compensation/Emptoyer's Liability Worker's Compensation: by the signatures hereunder, each party certifies that it is aware of the provisions of Section 3700 of the Califomia Labor Code which requires every employer (and their consultants and subcontractors) to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and it will comply with such provisions before commencing the performance of the work of this AgreementWorkers' compensationlemplover's liability shall be written on a policy form providing workers' compensation statutory benefits as required by law. Employer's liability limits shall be no less that one million dollars per accident or disease. Each party shall provide a certificate of insurance for worker's compensation/empIover's liability endorsed to waive any right of subrogation. b. General Liability Insurance. General Liability Insurance: Each party agrees to cam. at least one million dollars $1,000,00052,000,000 (occurrence/general and products/completed operations aggregate) of commercial general liability insurance during the term of this Agreement. Coverage shall be at ieast as broad as the Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 00 01 11 85 or 88) Each party agrees to give the other, it's officers, directors, employees, agents, and authorized volunteers insured status under its policy using ISO endorsement CG 20 10 11 85 or equivalent and provide a certificate of insurance and additional insured endorsement. C. Acceptability of Insurers. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A-: VII or equivalent for self-insurance or insurance held with a joint powers entity. Exception: Worker's Compensation Insurance held under the State Compensation Insurance shall be exempt from the A-VII Best rating requirement. d. Notice of Cancellation The certificates shall reflect that the insurer will provide 30 days notice to the parties of any cancellation of coverage. The parties agree to require their insurers to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written G: notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. Section 11. Miscellaneous. a. Attorney fees. If any party to this agreement brings an action or proceeding against any other party to this agreement by reason of default of any term or condition of this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover, as an element of'Its cost of suit, and not as damages, reasonable attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment. The "prevailing party" as the term is used herein, shall be the party who is entitled to recover costs of suit, whether or not such suit proceeds to final judgment, and shall include, without limitation, a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached, or considerations substantially equal to the relief sought in such action. b. Indemnification Each party to this agreement hereto agrees to indemnify, defend and hold harmless the other parties hereto, their respective directors, officers, agents, employees, consultants and representatives from and against all claims, demands, costs, judgments and actions in connection with the negligent or willful misconduct of the indemnifying party, its officers, agents, employees and representatives in the performance of this Agreement. C. No Waiver of Breach. Except as expressly provided for herein, no failure to exercise or delay in exercising any right, power or remedy accruing to either party on any breach or default of the other hereunder shall impair any such right, power or remedy, or be construed as a waiver of any such breach or default, and no waiver of any single breach or default shall be construed as a waiver of any other breach or default theretofore or thereafter occurring. d. Interpretation. The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, and/or has the requisite experience and IN sophistication to understand, interpret and agree to the particular language of the Agreement. e. Cooperation_ The parties hereto agree to cooperate with each other in the execution of such further documents, and to take such other actions, as are reasonably necessary in good faith to effectuate this Agreement and the intent hereof. f. Force Majeure. The time within which either party hereto shall be required to perform any act under this Agreement, other than the payment of money, shall be extended by a period of time equal to the number of days during which performance of such act is unavoidably delayed by strikes, lockouts, acts of God. governmental restrictions, failure or inability to secure materials or labor by reason of priorityor similar regulations or order of any government or regulatory body, war, civil disturbance, fire and unavoidable casualties hereto. g. Severability. If any term, provision, condition or covenant of the Agreement, or the application thereof to any party or circumstances shall to any extent be held invalid or unenforceable, the remainder of the Agreement, or the application of such term, provision, covenant or condition to persons or circumstances other than those to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent provided by law. h. Applicable Law. The parties hereto understand and agree that the terms of this Agreement, and the attachments and appendices attached hereto, have been negotiated and executed within the State of California and shall be governed by and construed under, the laws of the State of California. The parties hereto do expressly agree that in the event of a dispute concerning the terms hereof, venue for any legal action shall be with the appropriate court in the County of Orange, State of California. i. Notices. Any notices required to be given by Mesa, City or OCWD pursuant to the provisions hereof shall be deemed to be given and to have been received (a) when personally delivered; (b) one business day after consignment to any overnight courier service; or (c) three business days after deposit of same in any United States Post Office, or United States mail, first class postage prepaid, addressed as follows: To Mesa: Mesa Consolidated Water District Attention: General Manager P.O. Box 5009 Costa Mesa, CA 92628-5008 I'avrnerits and Invoice Related Items Mesa Consolidated Water District Attention: Accounting P.O. Box 5008 Costa Mesa, CA 92628-5008 To: OCWD Orange County Water District Attention: General Manager 10500 Ellis Avenue Post Office Box 8300 Fountain Valley, CA 92728-2300 To: City of Huntington Beach City of Huntington Beach Attention: Public Works Director 2000 Main Street, 2nd Floor P.O. Box 190 Huntington Beach, CA 91548 j. Integration. Construction and Amendments. This Agreement represents the entire understanding of OCWD, the City and Mesa as to those matters contained herein. No prior oral or written understanding shall be of any force or 12 effect with respect to those matters covered by this Agreement. This Agreement shall be construed and governed as if drafted by Mesa, the City and OCWD. No addition to, or modification of, any provision contained in this Agreement shall be effective unless fully set forth in writing signed by the authorized representative of all of the parties hereto. k. Successors and Assigns. All of the terms, conditions and provisions of this Agreement shall inure to the benefit of, and be binding upon, OCWD, the City and Mesa and their respective successors and assigns. Any party without the prior written consent of' the other parties hereto shall not assign this Agreement. 1. Warranty of' Authority. Mesa, the City and OCWD each hereby represent and warrant that they have all requisite power and authority to execute and deliver, and to perform their obligations under, this Agreement and that this Agreement constitutes a legal, valid and binding obligation of Mesa, City and OCWD and is enforceable against Mesa, the City and OCWD in accordance with the terms and provisions herein. 13 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first date written above. Approved as to Form: k By lr,,- City Attorney City of Huntington Beach 1 Approved as to Form: General Counsel Mesa Consolidated Water District Approved as to Form: By�s General Counsel Orange County Water District CITY OF HUNTINGTON BEACH --A (:�:� �% By Mayor, By City Clerk MESA CONSOLIDATED WATER DISTRICT By ,W,, O �� ./ rl Presi ent lA� By General Manager ORANGE COUNTY WATER DISTRICT f By President By General Manager 14 • • rill, m� W ' 0 '° 3 i CO Talbert m Ave. ' 4 m Talbert Seawater Barrier.Facilities s Aye. 4111, NORP J Water - J Garfield Ave. Facto 4 -, Huntington Mesa, ' a ------i New Lire and Connectior to OC44 �► Constructed by OCWD Yorktown Ave. - - - Newport Mesa -i�, New WR System Adams Ave. In ect n Wells r Existing OC44 Tran mission ,L. ne , Exhibit A r Indianapolis Ave. -- ___-- _ --- - _ - - ATTACHMENT #2 J i Cq.INSURANCE AND INDEMNIFICATION WAIVER HB MODIFICATION REQUEST 1. Requested by: Public Works - Water Division - Ken Dills ext. 5055 2_ Date: November 5 2001 3. Name of contractorlpermittee: Orange County Water Dist_ and Mesa Consolidated Water Dist.-- 4. Description of work to be performed: Provision of water to Orange Count +Water District LCWD) Talbert Seawater Barrier 5. Value and length of contract: OCWD pays all costs - lenn_ th of 6 years 6. Waiver/modification request: Request approval of City's indemnification obli ations 7 Reason for request and why it should be granted- OCWD has requested indemnification 8. Identify the risks to the City in approving this waivertmodification: Each of the parties to the agreement, includiog HB, will indemnify the others based on its' negligent or willful _misconduct in its` performance of the agreement. See section 11 b)pgge__10 a copy is attached_ Department Head Sign ure Date. - APPROVALS Approvals must be obtained in the order listed on this form Two approvals are required for a request to be granted Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree- 1. Risk Management Approved ❑ Denied Signatur Dad 2. City Attorney's Office -,*-7 Approved ❑ Denied _D _,00 Signature Date 3. City Administrator's Office S-Approved ❑ Denied ,,"Signature Date If approved, the completed waivertmodification request is to be submitted to the City Attorney's Office along with the contract for approval_ Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services 0 waiver for OC-44 1115101 8.17 AM notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. Section 11. Miscellaneous. a. Attorney Fees. If any party to this agreement brings an action or proceeding against any other party to this agreement by reason of default of any tern or condition of this Agreement, or other%vise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover, as an element of its cost of suit, and not as damages, reasonable attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment. The "prevailing party" as the term is used herein, shall be the party who is entitled to recover costs of suit, whether or not such suit proceeds to final judgment, and shall include, without limitation, a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached, or considerations substantially equal to the relief sought in such action. b. Indemnification Each party to this agreement hereto agrees to indemnify, defend and hold harmless the other parties hereto, their respective directors, officers, agents, employees, consultants and representatives from and against all claims, demands, costs, judgments and actions in connection with the negligent or willful misconduct of the indemnifying party, its officers, agents, employees and representatives in the performance of this Agreement. C. No Waiver of Breach. Except as expressly provided for herein, no failure to exercise or delay in exercising any right, power or remedy accruing to either party on any breach or default of the other hereunder shall impair any such right, power or remedy, or be construed as a waiver of any such breach or default, and no waiver of any single breach or default shall be construed as a waiver of any other breach or default theretofore or thereafter occurring. d. Interpretation. The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, and/or has the requisite experience and 10 ATTACHMENT #3 r: �yytl/ir� Gail Hutton Grp Afforney November 5, 2001 Clark S. Ide, Esq General Counsel OFFICE OF CITY ATTORNEY P.0_ BOX 190 2000 Main Street Huntington Beach, California 92648 Orange County Water District 10500 Fllis Avenue Fountain Valley. CA 92708 Robert F. Anslow. F.sq. Mesa Consolidated Water District r..'o Bov.-ie. Arneson, Wiles & Giannone 4920 Campus Dnve Newport Beach. CA 92660 Telephone (714) 536-5555 Fax (714) 374-15" Re: Agreement bet«-cen Mesa Consetlidatcd Water District, the City of Huntington Beach and Change Counly Water District for Interruptible Potable Water Service to Talbert Barrier facilities Dear Mr. Ide and Mr. Ansloxv: am writing to clarify the parties' interpretation of the following provisions of the agreement entitled, "Agreement between Mesa Consolidated Water District, the City of Huntington Beach and Orange County Water District for Interruptible Potable Water Service to Talbert Barrier facilities" ("Agreement"), which your clients recently approved and executed. The purpose of this letter is to avoid haying to revise the Agreement. First, the parties understand that Section 3.e on page 3 ("City or Mesa, may terminate this Agreement upon a 60 days notice.") means that either the City of Huntington Beach ("City") or %Nlesa Consolidated Water District ("Mesa") can terminate the Agreement «with or without cause upon 60-days notice to the other parties. Furthermore, such termination or any other right of ternination or election not to renew or extend the term of this Agreement (such as the one in Section 3.c) will terminate; the entire Agreement as to all the parties. g!.Ifu1i4'2QQ1 I rtters- lalbert Barrier Avreement I ]05o1 RI.S No 0I -0 �(}7 Second, the parties understand that the second to last sentence of Section 4 on page 4 ("It is the specific intention of the parties hereto that the water furnished by the City and Mesa to OCWD shall be used by OCWD exclusively as Barrier Water and for no other purposes without the express prior written consent of the City and Mesa, as the case shall be.") is inconsistent with the three -party nature of this Agreement. Accordingly, this sentence should be interpreted to mean that OCWD must obtain the consent of both the City and Mesa. Third, the parties understand that the second sentence of Section G.a(ii) on page 5 ("Any point of connection between the potable water systems of either the City of Mesa, and the Barrier Water systems of OCWD shalt be acceptable to the City or Mesa. as shall he appropriate.") is meaningless, given the latest revision to the first sentence of Section G.a(ii), which expressly locates OCWD's connection to the OC44 transmission line on Adams Avenue just west of the Santa Ana River. Fourth, the term "indemnifying party" in Section I I.b on page 10 means "indemnitor." If you agree with these interpretations of the above provisions of the :agreement, please execute and date this letter and return it to me as soon as possible so that we can take this .Agreement to our next City Council meeting on November 19, 2001, which has an agenda deadline submittal date of November 7. If you have any questions, please contact me immediately. "thank you. Sincerely, i0hl111AMFujll Deputy City Attorney ********** I agree xvith these interpretations of the above provisions of the Agreement u`"�;; -. Ac ,A, �L . Clark�dc .der obert 1=_ Anslo1v General Counsel General Counsel Orange County Water District Mesa Consolidated Water District /7 / Date Date cc. I toward Johnson, Water Production Supervisor Ken Dills, Senior Administrative Analyst Robert R_ %.IcVI-ckcr, District Engineer, Mesa Consolidated Water District John C. Kennedy, Assistant General Manager, Orange County Water District g,-1jfuju'2001 Lctters7atbert Barrier Agreement 110201 RLS No_ 0 1 -0307 RCA ROUTING S1,EET INITIATING DEPARTMENT: I Public Works - Water Division { SUBJECT: Execute an Agreement with Mesa Consolidated Water District and Orange County Water District for Interruptible Potable Water Service to Talbert Barrier Facilities I COUNCIL MEETING DATE: L November 19, 2001 J RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable ContractlAgreement (wlexhibits if applicable) (S! ned in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Ap roved as to fon-n PX CitZ Attome 'Not Applicable Certificates of Insurance (Approved by the City Attome) Not Applicable Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds (If ap licable Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (if applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Appiicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator (Initial) City Administrator Initial City Clerk ( _ TTi_/ 7