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Home My WebLink AboutCC 16 WTR SYS INTERTIE 03-19-90DATE: MARCH 12, 1990 TO: WILLIAM HUSTON, CITY MANAGER CONSENT CALENDAR NO. 16 3-19-90 Inter - Com FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: TUSTIN/SANTA ANA WATER SYSTEM INTERTIE AGREEMENT RECOMMENDATION: That the City Council, by minute motion, approve and authorize the Mayor and City Clerk to execute subject agreement. BACKGROUND: The City of Tustin must relocate a water main in the First Street bridge over SR -55 in order to clear the right-of-way for the bridge reconstruction and widening of SR -55 from I-5 to Seventeenth Street by Caltrans. In order to maintain water service during the bridge construction, an intertie must be made to the City of Santa Ana water system in First Street . Tustin Avenue. The intertie will be constructed by the City of Tustin in 'cordance with the provisions of subject agreement. All costs related to the construction of the intertie will be reimbursed by Caltrans. Bob Ledendecker Director of Public Works/City Engineer BL: my AGREEMENT FOR WATER SYSTEM INTERTIE WITH THE CITY OF TUSTIN THIS AGREEMENT is made and entered into this day of 1990 by and between the City of Santa Ana, a municipal corporation of the State of California ("Santa Ana"), and the City of Tustin, a municipal corpo- ration of the State of California ("Tustin"). TIT 'T'"c 0017mu. 1. The State of California, Department of Transportation ("CalTrans") is planning to reconstruct the I-5/SR-55 Interchange. The First Street bridge over SR -55 will be removed and reconstructed as a part of the work by CalTrans. The City of Tustin maintains a water main in the First Street bridge which must be removed and reconstructed in conjunction with the bridge replacement. 2. Tustin has requested that Santa Ana permit an intertie connection to Santa Ana's 12" AC water main located in First Street, west of Tustin Avenue, as delineated on Exhibit A, attached hereto, and by this reference made a part hereof. 3. The purpose for the connection is to provide continuous water service to a portion of Tustin's water service area during reconstruction of the First Street bridge and to thereafter provide water for fire suppression in Tustin in the event of an emergency. 4. The City of Santa Ana is willing to provide such intertie, provided that the work is completed under a permit from the City of Santa Ana Public Works Agency, from plans approved by, and at no cost to the City of Santa Ana. 5. The parties hereto are willing to agree to the proposed intertie on the terms and conditions set forth in this agreement. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION I: OBLIGATIONS OF TUSTIN Tustin shall: I. Design a water system intertie to connect Tustin's water system to the Santa Ana water system at a 12" AC water main located in First Street west of Tustin Avenue. Such design shall be subject to the approval of Santa Ana. 2. Bear the total cost of the installation, operation, supervision and maintenance of the water system intertie including, but not limited to, controls, meters and all pertinent auxiliary equipment, piping and valves required for the proper function of said intertie. 3. Submit the type and manufacturer of the intertie (including controls, valves, meters and all pertinent auxiliary equipment) to the Water Resources Manager, Public Works Agency of Santa Ana for written -2- approval prior to the installation of said intertie. Said intertie shall be an emergency non -automatic facility, capable of metering bi- directional flows into the Tustin or Santa Ana systems with valving on both sides of the intertie. The intertie shall comply with American Water Works Association Standards. All work for installation and oper- ation of the intertie, including such additional, extra and incidental work as Santa Ana may consider necessary to complete the intertie work in a satisfactory and acceptable manner, shall be in accordance with the spegifications and requirements of City. 4. Operate the intertie for the sole purpose of providing that portion of Tustin's water service area delineated on Exhibit B, attached hereto, and by this reference made a part hereof, continuous water service dur- ing reconstruction of the First Street bridge. Said service area shall be bounded by McFadden Avenue on the South, Tustin City limits on the West, Tustin City limits on the North and the Newport -Costa Mesa Freeway (Route 55) on the East. Within fifteen (15) days after completion of reconstruction of the First Street bridge, Tustin shall cease continuous water service through the intertie, and shall thereafter operate the intertie only in the event of a fire, and for the sole purpose of providing water for fire suppression during an emergency. 5. Maintain, operate, supervise and be responsible and liable for the intertie (connection) installed by Tustin and all pipeline and other appurtenances running from the intertie connection to Tustin. -3- 6. Assume all responsibility and liability associated with Tustin's use of the intertie, including but not limited to notification of Metropolitan Water District of Southern California regarding peaking, payment of penalties associated with peaking and payment of any other charges imposed on Santa Ana by appropriate government agencies due to Tustin's use of the intertie. 7. Construct the intertie under a permit from the City of Santa Ana Public Works Agency from plans approved by the City of Santa Ana. 8. Require the construction contractor for the water intertie to maintain a policy of Public Liability Insurance for personal injury and property damage, including motor vehicle operators, during all times of the contract in amounts and in a form satisfactory to Tustin's and Santa Ana's City Attorneys. Said policies shall name the two cities, their officers, agents and employees as additional insureds thereon. Said policy shall also contain a provision that no termination, cancellation or change of coverage or of insured or additional insured shall be effective until after thirty (30) days notice thereof has been given in writing to Santa Ana. SECTION II: OBLIGATIONS OF CITY Santa Ana shall: 1. Allow Tustin to connect to the existing 12" AC water main located in First Street west of Tustin Avenue. -4- 2. Have rights of access to the construction site of the intertie for pur- poses of inspection to determine that construction complies with the permit issued by Santa Ana and the plans approved by Santa Ana. 3. In the event of loss of water supply in City's water line connector, have the right to close the intertie until such time as the water line or connector is back in full service. The water supply needs of Santa Ana shall take precedence over Tustin when both wish to use Santa Ana's source of supply simultaneously. Whenever possible, Santa Ana shall give Tustin twenty four (24) hours notice of its need for priority. The water intertie shall not be used without prior approval of Santa Ana. The Water Resources Manager for the City of Santa Ana shall be the designated representative of Santa Ana for purposes of giving approval for usage. 4. Be responsible for taking bi-monthly readings of the intertie meter for the purpose of measuring the water used for emergency fire suppression. An annual summary sheet shall be prepared showing the total water used during the fiscal year. A copy of the summary sheet shall be sent to Tustin for verification and checking. 5. Have the right, in its sole discretion, to control the use, distribu- tion and delivery of water, including but not limited to the right to vary rates of pressure, program water deliveries and/or turn off the intertie in order to perform maintenance on the "trunk line" or distri- 16"1 bution line leading to the interconnect. Whenever possible, Santa Ana shall give Tustin twenty-four (24) hours notice of its intent to perform maintenance. 6. Have the right and authority to terminate water service in the interest of protecting public health, if at any time during the construction or operation of the intertie, real or potential hazards are evidenced. 7. Have the right to require rescheduling of the operation of the intertie where the proposed schedule would interfere with the City's ability to meet water supply needs. III. IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. Water use by either Santa Ana or Tustin shall be measured through the intertie and paid for by the user at the then current Metropolitan Water District Treated, Uninterruptible Rate, plus ten percent (10X). 2. Tustin shall be responsible for all water passing through the intertie meter into Tustin. Payment for water obtained by Tustin through said intertie shall be paid to City at the end of the fiscal year and within 30 days of the billing invoice date. Santa Ana shall have the option of billing and receiving payment more often in its sole discretion. 3. Santa Ana does not guarantee by this agreement nor anticipate the sale of, any regular or specific quantity of water to Tustin. This agreement is made and entered into solely to provide accommodation to Tustin and no rights shall accrue or alleged to be accruing from the use of this intertie by Tustin. 4. Santa Ana does not, by execution of this agreement, assume responsibil- ity for the condition, operation, pressure or capacity of the intertie provided for by this agreement. Nor shall Santa Ana be liable for the quality of the water or for any condition that said water may cause. 5. This agreement may be terminated at any time by either party upon pro- viding forty (4 0) months written notice prior to such termination period. This agreement may be terminated by Santa Ana on ten (10) day written notice if the intertie is used for any purpose other than the purposes specified in this agreement. If Tustin does not maintain the intertie or connection distribution line or otherwise violates the terms of the agreement, Santa Ana shall have the right to terminate the agreement upon three (3) days written notice if said condition is not cured within that time period. 6. In the event of termination of this agreement, Tustin, at its discre- tion and cost, may remove the meter and valves. If Tustin elects to remove said meter and valves, it shall close off the intertie in a man- ner satisfactory to Santa Ana. In the event of termination of this agreement, Santa Ana, at its dis- cretion and cost may remove the meter and valves. IVA 7. Neither Santa Ana nor any officer or employee thereof shall be respon- sible for any damage or liability occurring by reason of anything done or omitted to be done by Tustin under or in connection with any work, authority or jurisdiction of Tustin under this agreement. It is also understood and agreed that Tustin shall fully indemnify, defend and hold Santa Ana harmless from and against any liability imposed for injury occurring by reason of anything done or omitted to be done by Tustin under or in connection with any work, authority or jurisdiction of Tustin under this agr6ement, and from and against any liability, loss, cost, expenses, including reasonable attorney's fees, or damages resulting from operational or water supply problems caused by Tustin's use of the intertie. 8. Neither Tustin or any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Santa Ana under/or in connection with any work, authority or jurisdiction of Santa Ana under this agreement. It is also understood and agreed that Santa Ana shall fully indemnify, defend and hold Tustin harmless from and against any liability, loss, cost, expenses, including reasonable attorney's fees, or damages imposed for injury occurring by reason of anything done or omitted to be done by Santa Ana under or in connection with any work, authority or jurisdic- tion of Santa Ana under this agreement. 9. Tustin shall be responsible for the installation, operation, supervi- sion and maintenance of the intertie, and shall not permit any contrac- in tor, entity, agency or person other than Tustin to operate the intertie or perform work or functions required pursuant to this agreement, except as otherwise provided here in. Tustin use and operation of the intertie shall be in accordance with and subject to all the terms and conditions of this agreement. 10. Notices to the party shall, unless otherwise requested in writing, be sent to the Water Resources Manager, Public Works Agency of the City of Santa Ana at 217 N. Main Street, 3rd Floor, Santa Ana, California, 92701, and to Public Works Department, City of Tustin at 300 Centennial Way, Tustin, CA 92680. Service shall be deemed complete when delivered (if hand delivered) or forty eight (48) hours after deposit in a United States Main Deposi- tory, addressed as indicated above. 11. This agreement shall be binding upon and enure to the benefit of the successors and assigns of the parties hereto. 12. This agreement may only be revised by written amendment signed by the authorized representatives of both of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF SANTA ANA Daniel H. Young, Mayor ATTEST: Janice C. Guy, Clerk of the Council 4PPROVED AS TO FORM: Edward Cooper, City Attorney RECOMMENDED FOR APPROVAL: James G. Ross, Executive Director Public Works Agency APPROVED AS TO CONTENT: David N. Ream, City Manager CITY OF TUSTIN Mayor ATTEST: City Clerk APPROVED AS TO FORM: f Jame G. Rourke, City Attorney -10- M +14Y - r£R X X k n `C C y Z a a E VAULT LE E T L /GNT AND �orrlvaHG CH SLL 1 hiS EEI ABOVE T 38+20 i Ie i - R 39.1 2/.S u �11F�e'• 50 50* STA .38+25 SCALE. 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