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HomeMy WebLinkAboutMUNICIPAL WATER DISTRICT OF ORANGE COUNTY (2) - 2002 A~~OO;J. -1¿;J.,3 COPY. . CONTRACT BETWEEN ORANGE COUNTY WATER DISTRICT, MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, AND CITY OF SANTA ANA REGARDING IMPLEMENTATION OF MWD LONG-TERM GROUNDWATER STORAGE PROGRAM This CONTRACT BETWEEN ORANGE COUNTY WATER DISTRICT, MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, AND CITY OF SANTA ANA REGARDING IMPLEMENTATION OF MWD LONG-TERM GROUNDWATER STORAGE PROGRAM (the "Contract") is entered into as of September -' 2003 (the "Effective Date"), by and between the ORANGE COUNTY WATER DISTRICT, a special governmental district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Stats. 1933, as amended (hereinafter referred to as "Program Agency"), the MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, a municipal water district of the State of California (hereinafter referred to as the "Member Agency"), and the City of Santa Ana, (hereinafter referred to as the "Operating Party") (the Program Agency, the Member Agency and the Operating Party are collectively referred to herein as the "Parties"). RECITALS A. The Program Agency and Member Agency have entered into a long-term "Groundwater Storage Program Agreement" with the Metropolitan Water District of Southern California ("MWD"), a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference (such agreement is hereinafter referred to as the "MWD Agreement"); B. Pursuant to the terms of the MWD Agreement, the MWD may store up to 63,000 acre-feet of water ("MWD Stored Water") in the Orange County groundwater basin managed by Program Agency, and may extract up to 20,000 acre-feet per year ofMWD Stored Water; C. As part of the MWD Agreement, MWD is funding the construction of eight extraction wells to produce the MWD Stored Water (the "Program"); D. The Operating Party desires to participate in the Program, provide a well site, and serve as the operator of one of the eight extraction wells (the "Program Well") to be constructed in its service area; and E. The Operating Party and the Program Agency have heretofore processed necessary documents to comply with the California Environmental Quality Act ("CEQA") with respect to the Program. EXECUTORY AGREEMENTS NOW, THEREFORE, in consideration of the facts recited above and the covenants conditions and promises contained herein, the Parties hereto hereby agree as follows: ' SECTION 1. TERM. The term of this Contract shall commence as of the Effective Date, and shall expire concurrently with the MWD Agreement, subj ect to earlier termination as set forth in this Contract or the MWD Agreement. 131/022499-0028 388856.01 a08/28/03 r , ' . . SECTION 2. OBLIGATIONS OF THE PROGRAM AGENCY. 2.1. Fulfillment of the Terms and Conditions of the MWD Agreement. Pursuant to this Contract, the Program Agency shall fulfill the terms of the MWD Agreement, including but not limited to those obligations set forth in Section VLB.("Program Agency Obligations") of the MWD Agreement. 2.2. Role as Lead Agencv and in Coordination of Work. The Program Agency shall act as the lead agency to design, and construct the Program Well, the location of which is provided on Attachment "B." 2.3. Design and Construction. In its design and construction of the Program Well, the Program Agency shall cooperate with the Operating Party and make reasonable efforts to meet the specific operational needs and requirements of the Operating Party. The program well construction plans and specifications will incorporate all mitigation requirements arising out of processing necessary CEQA documents for the program well. All construction plans and specifications shall be reviewed and approved by the Operating Party prior to bid advertisement. All contracts let for Program Well construction shall be let by competitive bid procedures that assure award of the contract to the lowest responsible bidder, except as may be otherwise authorized under the enabling authority for the Program Agency and/or the California Public Contract Code, and in accordance with the MWD Agreement. Program Agency shall be responsible for ensuring that construction of the Program Well is completed in accordance with Section IV.B.4. of the MWD Agreement, not later than March 8, 2008. Upon completion of the Program Well, the Program Agency shall transmit a written notice of completion to the Member Agency and the Operating Party ("Notice of Completion"). Member Agency and Operating Party shall be named as additionally insured for insurance policies provided by contractors and consultants hired by Program Agency. 2.4. Payment of the Costs of Construction. The Program Agency shall provide for the payment of the costs of constructing the Program Well and any other related facilities from funds received from MWD in accordance with the MWD Agreement. Member Agency and Operating Party shall have no responsibility for any costs of constructing the Program Well, and other Program Facilities. In the event that Operating Party requests and funds the construction of additional facilities pursuant to the provisions of Paragraph 4.11 Program Agency's consent shall not be unreasonable withheld. Upon completion of construction and placing the Program Well into service, the Program Agency shall be responsible for the repair or replacement of any equipment found to be defective. 2.5. Operation and Ownership Responsibilities. After completion of construction of the Program Well, and review of the Operating Party's distribution system, the Program Agency and Operating Party shall establish a monthly operating yield for the Program Well, which shall be used in the calculations required under the MWD Agreement. Calculation of the monthly operating yield shall consider tests performed by the Southern California Edison Company or The Gas Company (if applicable) and reasonable load factors. At any time during the term of this agreement the Operating Party may request a new well performance test by Southern California Edison Company (if applicable) to reestablish the program well operating yield. Changes to the operating yield are intended to account for changes in groundwater 131/022499-0028 388856.01 a08128/03 -2- , . . . pumping levels and well efficiency reductions due to normal wear and tear. 2.6. Payment for Water Extracted from' Storage. The Operating Party is responsible for payment of water delivered from the MWD storage account and potential penalties for failure to do so. However, as between the Program Agency and Member Agency, the Program Agency shall be responsible for payment to Member Agency of all charges and other applicable fees for water delivered from MWD's storage account, including but not limited to, scheduled extractions, penalties for failure of the Operating Party to extract the scheduled amount of stored water upon proper notice, and , in the event of cancellation of the MWD Agreement by any party, the charges for the full amount of water remaining in the MWD storage account pursuant to Section XIII. B and XIII. C ofthe MWD Agreement. 2.7. Appointment of Representative to Operating Committee. The Program Agency shall appoint one of the two representatives to the Operating Committee as provided in Section VI of the MWD Agreement. The Program Agency will closely coordinate with, routinely meet with, and actively advocate the needs and desires of the Operating Party. 2.8. Well Operation and Maintenance Cost. The Program Agency will work with the Operating Committee established with the MWD Agreement to develop the typical operation and maintenance cost of the new program well. 2.9. Well Energv Cost. The Program Agency will work with the Operating Committee established with the MWD Agreement and the Operating Party to develop the actual energy cost of the new program well. 2.10. Insurance. Endorsements evidencing general liability and automobile liability insurance showing the Operating Party as additional insured during the construction phase of the Contract shall be furnished by the Program Agency. SECTION 3. OBLIGATIONS OF THE MEMBER AGENCY. 3.1. Assistance of the Program Agencv. The Member Agency shall assist the Program Agency in fulfilling the terms of the MWD Agreement. In this capacity, the Member Agency will assist the Program Agency to prepare any documents allowing for and certifying the delivery of MWD water to be stored in the groundwater basin under the MWD Agreement, and the delivery ofMWD Stored Water. 3.2. Processing of MWD Billing. The Member Agency shall forward the MWD invoices for water extracted out of the storage account to the Program Agency. Member Agency shall receive operation and maintenance, and energy power cost reports from Program Agency and submit them to MWD, pursuant to Section VI. E of the MWD Agreement, and shall pass through the MWD credit to Program Agency. 3.3. Appointment of Representative. The Member Agency shall appoint one ofthe two representatives to the Operating Committee as provided for in Section VI of the MWD Agreement. The Member Agency will closely coordinate with, routinely meet with, and actively advocate the needs and desires ofthe Operating Party. 131/022499-0028 388856.01 aDS/la/03 -3- . . . . SECTION 4. OBLIGATIONS OF THE OPERATING PARTY. 4.1. Cooperation Regarding MWD Agreement. The Operating Party shall cooperate in good faith and assist the Program Agency and Member Agency in fulfilling the terms of the MWD Agreement, including the provision of requested assistance to the Program Agency in the design and construction of the Program Well. In this regard, the Operating Party hereby acknowledges that the MWD Agreement provides for a budget of eleven million dollars ($11,000,000.00) for the construction of eight program production wells (the "Budget"). The Operating Party shall make reasonable efforts to ensure that the design and construction of the Program Well, in conjunction with the design and construction of the other production wells required under the MWD Agreement, does not exceed the Budget. Notwithstanding, the Program Agency is responsible to provide the necessary funding to construct the program well to the satisfaction of the Operating Party. The design and materials utilized for the program well shall be consistent with the construction of previous wells built by the Operating Party. As between the Member Agency and the Program Agency, Program Agency is ultimately responsible for any cost exceeding the Budget. 4.2. Program Well Site. The Operating Party shall supply, at no cost to the Member Agency, Program Agency, and MWD the use of a site for the construction of the Program Well as shown on Exhibit B. Operating Party shall retain title to said Program Well site subj ect to the Program Agency's right to use said site during the term of this Contract for the purposes set forth herein. Operating Party shall grant to Program Agency an easement to construct and access the Program Well. 4.3. Ownership and Operation and Maintenance. The Operating Party shall own the Program Well and at its sole cost and expense assume the obligation of the MWD Agreement to operate and maintain the Program Well shown in Attachment "B" in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted, and otherwise in accordance with industry standards (and applicable standards and requirements of the State of California Department of Water and Resources, in its funding capacity under the MWD Agreement), and as required by the MWD Agreement. The Operating Party is not responsible for reductions in the Program Well capacity resulting from changed groundwater basin water levels. The Operating Party is not responsible for providing wellhead treatment that would be required due to changes in groundwater quality or new drinking water regulations. 4.3.1. The Operating Party shall provide for all normal repairs, renewals, and replacements due to normal wear and tear necessary to the efficient operation ofthe Program Well, and shall provide personnel sufficient in numbers and qualifications to operate and maintain the Program Well. 4.3.2. The Operating Party shall provide requested documentation to the Program Agency regarding said operation and maintenance of the Program Well, including but not limited to any such documentation required under the MWD Agreement. 4.3.3. The Operating Party may use the Program Well for purposes unrelated to the Program so long as such use does not interfere with the Program and the 131/022499-0028 388856.01 a08/28/03 -4- .' . . Operating Party maintains sufficient excess operable production capacity as necessary to meet its MWD Stored Water extraction obligations as set forth in Paragraph 4.5 below. 4.4. Reports. The Operating Party shall provide any and all budgeting documents and other reports pertaining to the Program Well and its overall groundwater pumping capacity as may reasonably be required by the Program Agency or the Member Agency. 4.5. Extraction ofMWD Stored Water. Within fifteen (15) days ofreceiving notification from the Program Agency or the Member Agency to extract MWD Stored Water, the Operating Party shall extract such quantity ofMWD Stored Water from the Program Well or any other existing wells, or be subject to the financial penalty set forth in section XIII.B. of the MWD Agreement unless the Operating Committee recommends other remedies to avoid the penalty. The amount of extraction shall be determined per paragraph 2.5 of this contract which provides for establishing a monthly operating yield. The Operating Party shall place such produced MWD Stored Water into the Operating Party's distribution system, and pay for such produced MWD Stored Water at MWD's then-effective rate for full service non-interruptible treated supplies, less the energy and operation and maintenance cost of the well. Operating Party shall not be deemed in breach of this requirement unless it fails or refuses to begin extracting the requested quantity of MWD stored water within ninety calendar days after proper notice has been given requiring extraction hereunder. 4.6. Breach bv Operating Partv. In the event Operating Party breaches this Contract by failing or refusing to begin extracting the requested quantity ofMWD stored water within the time period set forth in Paragraph 4.5, and the Operating Committee has not agreed to alternative remedies, the Program and Member Agencies may terminate this Contract. Operating Party shall pay to Program Agency the cost of constructing the Program well and any other damages incurred to Program Agency. Operating Party shall not be entitled to use of the Program Well until these costs are paid to Program Agency. Operating Party acknowledges that the unauthorized use by Operating Party of the Program Well during any time that Operating Party is in default of its water extraction obligations pursuant to Paragraph 4.5 above will result in irreparable harm to Program Agency. Operating Party accordingly waives any right to object on the grounds of lack of irreparable harm to Program Agency seeking injunctive relief or specific performance of this Contract to enforce the provisions of this Paragraph prohibiting Operating Party from using the Program Well while in breach of its obligations under Paragraph 4.5 above. 4.7. Alternative Groundwater Basin Management Options. If the Operating Party has made every effort to comply with the Contract but has been unable to extract the MWD Stored Water, and the Operating Committee has not agreed to alternative remedies, then the Program Agency at its discretion will consider implementing alternative groundwater basin management options to extract the MWD Stored Water to avoid being assessed penalties by MWD. 4.8. Expiration. The Operating Party's obligations under this Contract shall expire in 25 years. Section II.B of the MWD Agreement provides for a 25 year effective date but allows for five year extensions of the Agreement with written consent of all parties. Program Agency cannot seek an extension of the MWD Agreement unless written approval by the 131/022499-0028 388856.01 a08/28/03 -5- . . Operating Party is provided. 4.9. Well üperation and Maintenance Cost. The Operating Party will work with the Operating Committee established with the MWD Agreement to develop the typical operation and maintenance cost of the new Program Well. A subcommittee of Operating Party members will be established to assist in this effort. 4.10. Well Energv Cost. The Operating Party will work with the Operating Committee established with the MWD Agreement to develop the actual energy cost of the new program well. 4.11. Additional Facilities. The Operating Party may request and fund the construction of additional facilities that are deemed to be excessive or not directly related to this program as determined by Program Agency and the Operating Party. SECTION 5. INDEMNIFICATION. 5.1. Program Agencv Indemnification. The Program Agency shall indemnify, defend and hold harmless the Member Agency and the Operating Party, and their respective officers, agents and employees, from any and all costs, damages, penalties or other liabilities resulting or alleged to result from the negligent or willful actions of the Program Agency in the performance ofthe Program Agency's duties under this Contract. 5.2. Member Agencv Indemnification. The Member Agency shall indemnify, defend and hold harmless the Program Agency and the Operating Party, and their respective officers, agents and employees, from any and all costs, damages, penalties or other liabilities resulting or alleged to result from the negligent or willful actions of the Member Agency in the performance ofthe Member Agency's duties under this Contract. 5.3. üperating Partv Indemnification. The Operating Party shall indemnify, defend and hold harmless the Program Agency and the Member Agency, and their respective officers, agents and employees, from any and all costs, damages, penalties or other liabilities resulting or alleged to result from the negligent or willful actions of the Operating Party in the performance of the Operating Party's duties under this Contract. 5.4. The indemnification provisions set forth in this Section 5 shall survive the termination of the MWD Agreement and continue in full force. SECTION 6. INSURANCE. 6.1. Commercial General Liabilitv. Unless the Operating Party is a Self- insured public entity, the Operating Party shall procure, pay for and keep in full force and effect and at all times during the term of this Contract, commercial general liability insurance insuring against liability for personal injury, bodily injury, death and damage to property (including the Program Well) arising from the operation or maintenance of the Program Well, and Operating Party's performance of the obligations delegated to it under the MWD Agreement. Said insurance shall include coverage in an amount equal to at least Five Million Dollars ($5,000,000), shall contain "blanket contractual liability" and "broad form property damage" 131/022499-0028 388856.01 a08/28/03 -6- . . endorsements, shall name the Program Agency, the Member Agency and MWD as additional insureds, and shall otherwise comply with all insurance ,requirement set forth in the MWD Agreement, (the "CGL Insurance"). A self-insured public entity shall provide evidence of coverage equivalent at least as broad as described above. 6.2. Worker's Compensation Insurance. Pursuant to Section 3700 of the California Labor Code, the Operating Party shall procure, pay for and keep in full force and effect at all times during the term of the Contract workers' compensation insurance with employer's liability in the amounts required by law with respect to the operation of the Program Well. A self-insured public or private entity shall provide evidence of self-insurance and/or excess coverage or equivalent coverage, which satisfies Section 3700 of the California Labor Code, or its self-insurance equivalent. 6.3. Casualtv Insurance. The Operating Party shall procure, pay for and keep in full force and effect at all times during the term of this Contract, property casualty insurance (including coverage against damage to or loss of the Program Well by reason of fire, smoke, lightning, flooding, vandalism, malicious mischief and explosion) in an amount equal to the total cost of the construction of the Program Well, which policy shall provide that all proceeds thereunder shall be payable to the Program Agency. A self-insurance public entity may so self insure to provide coverage or equivalent as broad as mentioned above. 6.4. Automobile Liabilitv Insurance. Operating Party will provide proof of automobile liability insurance as required by the State of California Department of Motor Vehicles, Coverage of at least $1.0 million, upon the reasonable request by Program Agency upon commencement of operations of the Program Well. A self-insurance public entity may provide evidence that automobile liability coverage or equivalent is effective as part of the General Liability coverage or as a separate policy. 6.5. Endorsements. Endorsements evidencing the coverage required under Paragraphs 6.1, 6.2 and 6.3 of this Contract and showing MWD, Member Agency and Program Agency as additional insureds shall be furnished to the Program Agency within five (5) calendar days following the date of the Notice of Completion pursuant to Paragraph 2.3 above. A self- insured public entity may provide evidence of such coverages or equivalents via a self-insuring document, signed by a person authorized by the agency to bind such agency to contractual agreements. 6.6. Specific Policv Requirements. Each policy of insurance required to be carried out pursuant to this Contract as described above shall be in form and substance as provided by Section XII. of the MWD Agreement or its equivalent for self-insured public entities. The insurance coverage described herein in Section 6. shall continue in full force and effect for a period of three (3) years after the Contracts termination. 6.7. Deductibles and Self-Insurance. The insurance required by this Contract may contain deductibles or self-insured retentions, or the Operating Party may be fully or partially self-insured to the extent authorized by the California Government Code. The Operating Party shall be solely responsible for any such deductibles and/or self insured retentions which may be applicable to insurance coverage obtained by the Operating Party. The MWD Agreement requires MWD approval for any self insurance programs or deductibles of 131/022499-0028 388856.01 a08/28/03 -7- . . more than $25,000. SECTION 7. MISCELLANEOUS. 7.1. Annual Basin Production Percentage and Basin Equity Assessment Calculation. MWD Stored Water extracted by the Operating Party in accordance with this Contract and for the benefit of MWD shall be excluded from the calculation of the Operating Party's basin production percentage under the Orange County Water District Act, Ch. 924, Stats. 1933, as amended ("OCWD Act"), and the Operating Party shall not be subject to payment of any replenishment assessment, additional replenishment assessment, basin equity assessment or surcharge under the OCWD Act as a result of the Operating Party's extraction of such MWD Stored Water. 7.2. Notices. Any notice, instrument, payment or document required to be given or delivered under this Contract shall be given or delivered by personal delivery, by facsimile, or by depositing the same in the United States mail depository, first class postage prepaid, and addressed as follows: If to Program Agency: Orange County Water District Box 8300 Fountain Valley, CA 92728-8300 Attn: General Manager If to Member Agency: Municipal Water District of Orange County Box 20895 Fountain Valley, CA 92728 Attn: General Manager If to Operating Party: The City of Santa Ana P.O. Box 1988 Santa Ana, CA 92702 Attn: City Manager or such other address as any party may direct in writing to all ofthe other Parties. Service of any instrument or document shall be deemed complete upon receipt if delivered personally, or forty- eight (48) hours after deposit of such instrument or document in the United States mail depository, first class postage prepaid and addressed as set forth above. 7.3. Binding Effect. All of the terms, conditions and provisions of this Contract shall inure to the benefit of, and be binding upon, the Parties hereto. 131/022499..Q028 388856.01 a08/28/03 -8- . . . . 7 A. Counterparts. This Contract may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 7.5. Integration. This Contract, in conjunction with the MWD Agreement, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this Contract. 7.6. Severability. If any term, provision, covenant or condition of this Contract shall be determined invalid, void or unenforceable, then this portion shall be severed and the remainder of this Contract shall not be affected and shall have full force and effect, unless the Parties otherwise agree in writing, which agreement shall not be unreasonably withheld. 7.7. Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms ofthis Contract thereafter. 7.8. Interpretation and Governing Law. This Contract shall be governed by the laws ofthe State of California, and construed as if drafted by all the Parties hereto. The headings contained within this Contract are for convenience only, and shall have no force or effect in the construction ofthis Contract. 7.9. Modification. This Contract may not be modified, altered or amended except in writing, signed by authorized officials of the Parties. 7.10. Successors in Interest. Subject to Paragraph 7.13 below, all of the terms, provisions, covenants and obligations contained in this Contract shall be binding upon, and inure to the benefit of the respective party provided herein, and its respective successors and assigns. 7.11. No Third Party Beneficiaries. This Contract is made and entered into for the sole protection and benefit of the Parties and their successors and assigns under its terms. No other person shall have any right of action based upon any provision of this Contract. 7.12. Further Assurances. Each party, upon the request of the other, agrees to perform such further acts and to execute and deliver such other documents as are reasonably necessary to carry out the provisions of the Contract, including the provisions of the MWD Agreement provided herein. 7.13. Assignment. No party shall transfer the Contract, in whole or in part, or any of its interests hereunder, to any other person or entity, without the prior written consent of all of the other Parties. Any attempt to transfer or assign this Contract, or any privilege hereunder, without such written consent shall be void and confer no right on any person or entity that is not a party to this Contract. Nothing contained herein shall prevent the Parties from subcontracting for the performance of obligations hereunder, provided, however, no such subcontracting shall relieve the Parties from the performance of obligations hereunder. 7.14. Authority to Execute. Each of the persons executing this Contract on 131/022499-0028 3118856.0] aDS/211/0J -9- . . . . behalf of the respective Parties warrants and represents that he or she has the authority to execute this Agreement on behalf of that party and warrants and represents that he or she has the authority to bind that respective party to the performance of its obligations hereunder. [SIGNATURE PAGE FOLLOWS:] 131/022499-0028 388856.01 a08/28/03 -10- . . IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be duly executed by their authorized officers as of the date first written above. ATTEST: ORANGE COUNTY WATER DISTRICT By By Secretary General Manager APPROVED AS TO FORM Rutan & Tucker, LLP General Counsel ATTEST: MUNICIPAL WATER DISTRICT OF ORANGE COUNTY By By Secretary General Manager APPROVED AS TO FORM: General Counsel ATTEST: THE CITY OF SANTA ANA, a Patricia E. Healy Clerk of the Council of California B By David N. Ream City Manager Michael Vigliotta Deputy City Manager 131/022499~OO28 388856.01 aOS128/03 -11- . . . Attachment A - MWD Agreement 131/022499-0028 388856.01 a08128/03 -12- . .' ' . . Attachment B Participating Selected Well Well Site Location and Information Agency Site City of Buena 8242 Linden Circle. It is proposed to construct and operate a Malvern BP-02 new water well, pump and treatment system on this City-owned Park site. There is an existing City well and pump station at this site. City of Anaheim Adjacent to Anaheim Lake SW comer of Chapman Avenue and Haster Street. It is proposed City of Garden Well Number to construct and operate a new water well, pump station and water treatment facility. After construction, the above ground Grove 30 well head, instrumentation/controls and water facility will be enclosed within a mansory block building. Well Number 2443 N. Batavia Street. It is proposed to replace an existing old City of Orange 27 water well with a new 350-horsepower water well and to operate an existing inactive pump station. 1301 N. Mabury Street, Mabury Park at Corner of Fruit Street and Mabury St. It is proposed to construct and operate a new water well, pump station and treatment facility for disinfection Mabury Park in Mabury Park, located within a residential area. The pump, City of Santa Ana Number 40 well head, all controls and treatment systems will be housed in a building with a split face block wall and angular metal roof with attached overhangs for a covered picnic area. Stainless steel casing shall be used for the well as the City has shown this is their policv. 9241 S. Valley View Street (City of Cypress). The 15,000- Southern Valley View square-foot site contains an existing well, pump station and California Water Well Number 2 treatment facility. A new well will be drilled to 1,000 feet to Company produce a maximum production capacity of 2,500 gpm. The existing well will be used as backup to new well. 13369-13371 Golden West Street. It is proposed to construct and operate a replacement water well and pump station on this City- owned site. There is an existing well, pump station and water City of Well Number disinfection located at 13369 GW St. The City owns the Westminster 75A residential lot adjacent to 13371 GW St and plans to demolish the house, abandon the existing well and use the combined sites for placement of a new well of greater pumping capacity and pump station. 913 Richfield Road (City of Placentia). It is proposed to construct a new well which would allow the YL WD to extract Y orba Linda Well Number water in excess of its normal production during dry, drought or Water District 19 emergency situations. This project includes the well drilling and installation of well, pump, motor and connections to the existing water and storm drain pipelines. 131/022499-0028 388856.01 a08128/03 .-13- ... ( . A . /021- 0],0 Association of California Water Agencies I Joint Powers Insurance Authority 5620 Birdcage Street, Suite 200, Citrus Heights, CA 95610 CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION QNL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENT. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED Y THE COVERAGE DOCUMENTS LISTED HEREIN, MEMBER Orange County Water District P.O. Box 83DD Fountain Valley, CA 92728-83DD COVERAGE INFORMATION This is to certify that coverage documents listed herein have been issued to the Member Agency herein for the Coverage period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which the certificate may be issued or may pertain. the coverage afforded by the coverage documents listed herein is subject to aU the terms, conditions and exclusions of such coverage documents. T e of Covera e Certificate # Effective Date Ex ¡ration Date General Liability (i1J Commercial General Liability 21 Contractual Liability 21 Products/Completed Operations 21 Occurrence MOLC-1DD1D3 1 D/1/2DD3 1 D/1I2DD4 Limits A99re9ate Per Occurrence $S.DDD,DDD $S,DDD.DDD Auto Liability 1<1 OWned Autos (i1J Hired Autos 21 Non-Owned Autos MOLC-1DD1D3 1 D/1I2DD3 1 D/1I2DD4 Per Occurrence $5.DDD.DDD Auto Physical Damage Scheduled Autos Hired Autos Property Special Form Mobile Equipment Boiler and Machinery Crime Workers' Compensation Coverage A - Workers' Camp. Coverage B - Employer's Liability CERTIFICATE HOLDER The City of Santa Ana AUn: City Manager P,O. Box 1988 Santa Ana. CA 927D2 DESCRIPTION The Certificate Holder, and their respective directors, officers, agents, representatives and employees have been added as Additional Covered Parties to the Liability Program, but solely with respect to those causes of action arising directly out of the activities covered by the MWD Long-Term Groundwater Storage Program. CANCELLATION: Should any of the coverage documents herein be cancelled before the expiration date thereof, ACWNJPJA will eRdea"sr ta provide 30 days written notice to the certificate holder named herein. Signed by: ''''. f \. ./ (Au/th. r;zed Represèn~tj,ve) l/ Date: March 30. 2004 fYWr ,~ ( ADDENDUM to the Memorandum of Liability Coverage for the ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY MEMBER: COVERAGE PERIOD: Orange County Water District 10/1/2003 - 10/1/2004 ADDENDUM DATE: 1/21/2004 ADDENDUM NUMBER: 28 Change in WHO IS COVERED The following entities are hereby added as Additional Covered Parties: The City of Santa Ana, and their respective directors, officers, agents, representatives and employees, but solely with respect to those causes of action arising directly out of the activities covered by the MWD Long-Term Groundwater Storage Program, and subject to a $5,000,000 per occurrence and annual aggregate limit of liability. ~/¿¡3 Signed By: Date: March 30. 2004 o( . : Association of California Water Agencies I Joint Powers Insurance Authority 5620 Birdcage Street, Suite 200, Citrus Heights, CA 95610 CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENT. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN, MEMBER Orange County Water District P,O. Box 8300 Fountain Valley, CA 92728-8300 COVERAGE INFORMATION This is to certify that coverage documents listed herein have been issued to the Member Agency herein for the Coverage period indicated. Not withstanding any requirement. term or condition of any contract or other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is sUbjE!ct to all the terms, conditiçms and exclusions of such coverage documents. T e of Covera e Certificate # Effective Date Ex ¡ration Date General liability Commercial General liability Contractual Liability Products/Completed Operations Occurrence Limits Auto Liability Owned Autos Hired Autos Non-Owned Autos Auto Physical Damage Scheduled Autos Hired Autos Property Special Form Mobile Equipment Boiler and Machinery Crime Workers' Compensation MOWC&EL-070103 7/112003 7/1/2004 ø Coverage A - Workers' Compo Per Accident Statutory limit ø Coverage B - Employer's liability Per Accident $2.000,000 CERTIFICATE HOLDER DESCRIPTION The City of Santa Ana MWD Long-Term Groundwater Storage Program Attn: City Manager P,O. Box 198B Santa Ana, CA 92702 CANCELLATION: Should any of the coverage documents herein be cancelled before the expiration date thereof, ACWAJJPIA will BAdBa"ar ta provide 30 days written notice to the certificate holder named herein. /: /1.1 (j.GJ,~~~ Signed by: \;W ."A. Date: March 30. 2004 (Authþrized Represé';¡.@.ve) '/ V