HomeMy WebLinkAboutContracts & Agreements_31B-1989_CCv0001.pdf Final Draft 5/30/89
AGREEMENT FOR THE PROVISION
OF A WATER SUPPLY
TO THE CITY OF REDLANDS
FROM
SOUTHERN CALIFORNIA EDISON COMPANY,
Acting through Its Agent,
ENERGY SERVICES, INC.
Final Draft 5/30/89
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Agreement
1. Water Supplv
1 . 1 Subject to the provisions of sections 1. 2, 1. 3 , and
1.4, the City may purchase and use as much water as it
deems necessary from Edison, up to a continuous
maximum flow rate of 1. 5 cubic feet per minute at all
times, and a maximum flow rate of 6 . 7 cubic feet per
minute for a two week period during construction.
1 .2 Edison neither guarantees nor warrants that any
continuous flow rate will be delivered from the Water
Supply System.
1 . 3 Although the water is used for consumptive purposes by
Edison, the water supplied by Edison to City shall be
considered non-potable, shall be used for landscaping,
pump seal water, and area washdown purposes only, and
shall under no circumstances be used for consumptive
purposes .
1.4 In the event Edison is unable to deliver water to the
City because of an emergency or uncontrollable force,
or if the operation of the Generating Station, as
determined by Edison, would be adversely impacted by
the operation of the Pump Station, Edison may
temporarily discontinue water service at any time
without notice. Edison will attempt to give 24 hours
notice, or more, prior to the temporary discontinuance
of water service.
2 . Water Delivery System
2 . 1 The City, at its sole expense, shall be responsible
for the engineering and construction of facilities and
equipment necessary to deliver water {Water Delivery
System"} from the Edison Water Supply System to the
City' s Pump Station.
2 . 2 All Water Delivery System engineering plans must be
submitted to an ESI representative before commencement
of construction.
2 . 3 City shall, at its sole expense, install an air-gap
separation system on the Pump Station property to
prevent cross-contamination and reverse flow into the
Water Delivery System and the Edison Water Supply
System.
2 .4 After construction, ESI shall inspect the Water
Delivery System prior to operation. The Water
Delivery System shall not be operated prior to
approval by Edison.
2 . 5 The City shall install an isolation valve adjacent to
the interconnection point of the Water Delivery System
and the Edison Water Supply System.
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2 . 6 Edison may operate the isolation valve of the Water
Delivery System, after providing notice in accordance
with section 1.4 .
2 . 7 The City shall, at its sole expense, install a meter
capable of measuring the flow of water in cubic feet
per minute, of a type approved by Edison, adjacent to
the point of interconnection and between the Water
Supply System and the Water Delivery System.
3 . Payment and Costs
3 . 1 The City shall be solely responsible for all costs of
the Water Delivery System, including costs for
engineering, construction, equipment, maintenance,
termination, removal , and site restoration.
3 .2 The City shall pay ESI a bimonthly water service
charge of 22 cents per 100 cubic feet for the first
1, 000 cubic feet, and 47 cents per 100 cubic feet
thereafter.
3 .3 ESI shall bill the City bimonthly for water service.
The City shall make payments to ESI by mail or
personal delivery at ESI ' s offices located at 2244
Walnut Grove Avenue, Rosemead, CA 91770, within 30
days following receipt of the bill . Bills for which
payment is not received in full by said due date shall
bear an additional charge at the rate of one and
one-half percent per month or the maximum interest
rate allowable by law, whichever is less, on the
unpaid balance prorated by days from the date payment
is due until the date payment is received.
4 . Title
4 . 1 Edison shall hold all right, title and interest in and
to the Water Supply System facilities .
4 .2 The City shall hold all right, title and interest in
and to the Water Delivery System constructed pursuant
to this Agreement.
4 . 3 The City Water Delivery System shall end at the point
of interconnection with the Edison Water Supply System.
4 .4 The City shall not acquire any right, title or
interest in any part of the Edison Water Supply System
or the Generating Station property or equipment.
5 . Authorization
City shall obtain any necessary government permits,
authorization and approvals for the construction and
operation of the Water Delivery System.
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6 . Access
6 . 1 The City shall have access to the Water Delivery
System located on Generating Station property for
construction, maintenance, inspection, removal and
site restoration purposes . Notice shall be given by
the City to an Edison or ESI representative before a
City representative enters upon Generating Station
property, and City must obtain permission to enter the
Generating Station property from an Edison or ESI
representative prior to each entry.
6 .2 The City shall provide written or oral notice to
Edison or ESI 24 hours before performing any
inspection, maintenance, or other work on the Water
Delivery System equipment located on Generating
Station property. In the event of an emergency, the
City may call the Edison office at the Generating
Station, at (714) 889-5454, and request an escort and
access to the Generating Station.
7. Liability
7. 1 The City shall, at its own cost, defend, indemnify,
and hold harmless Edison and ESI, its directors,
officers, agents, employees, assigns, and successors
in interest, from and against any and all liability,
damages, losses, claims, demands, actions, causes of
action, costs, including attorney' s fees and expenses,
or any of them relating to, or arising out of, the
engineering, construction, operation, maintenance,
inspection, site restoration and removal of the Water
Delivery System and fulfillment of City' s obligations
under this Agreement .
7 . 2 City shall release and hold harmless Edison and ESI
from any liability or responsibility for any failure
or interruption, in part or in whole, of water service
to the City.
7 . 3 City shall indemnify Edison for any damages to the
Generating Station or the water supply of the
Generating Station caused by a backflow or
contamination from the operation of the Pump Station.
8 . Removal and Site Restoration
8 . 1 The City shall remove all Water Delivery System
facilities within 30 days after termination of this
Agreement .
8 .2 Within 30 days after termination of this Agreement,
the City shall restore, to the satisfaction of ESI ,
the site at the Generating Station impacted by the
Water Delivery System. Site restoration shall
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include, but shall not be limited to, trash and debris
removal, re-seeding, and other activities necessary to
restore the affected Generating Station area to the
condition which existed prior to the installation of
the Water Delivery System.
9 . Termination
9 . 1 This Agreement shall terminate after the City' s Pump
Station has received water service from another water
source or on January 1, 1992, whichever first occurs .
9 .2 Either Party shall have the right to terminate this
Agreement upon 30 days written notice to the other
Party.
10 . Assignment
City shall not assign this Agreement without the prior
written approval of the Edison. Such approval shall not be
unreasonably withheld.
11. Notice
Any notice required to be given shall be deemed to have
been given to either Party for all purposes if delivered or
mailed, postage prepaid to the person and address below:
Southern California Edison Company
Area Manager, Redlands District
287 Tennessee Street
Redlands, CA 92373
Energy Services, Inc.
Sam McAdams, Assistant Vice President
2244 Walnut Grove Avenue
Rosemead, CA 91770
City of Redlands
Utilities Director
30 Cajon Street
P. a. Box 2090
Redlands, CA 92373
12 . No Dedication of Facilities
An undertaking by either Party to the other Party under
this Agreement shall not constitute the dedication of the
Edison Water Supply System or the City' s Water Delivery
System, or any part thereof, to the public or to the other
Party.
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13 . Governing Law
This Agreement shall be interpreted, governed by, and
construed under the laws of the State of California .
The signatories represent that they are authorized to
enter into this Agreement on behalf of the Party for whom they
sign. This Agreement shall become effective on the last date
written below.
ENERGY SERVICES, Inc. as Agent for
SOUTHERN CALIFORNIA EDISON COMPANY CI OF REDL DS
By: By:
Brian J. Name:
Name: Brady —Ga ra-I e He sxoi-j o
it le• Vice President Title• Mayor
Date: Jure 29, 1989 Date: June 6 , 1989
ATTEST:
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Southern California Edison Company
287 l E NNF SSE F Sl to [T
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July 7, 1989
AREA MANAGER
Mr. Mike Huffstutler,
Superintendent of Water Production
Municipal Utilities Department
City of Redlands
P. Q. Box 3005
Redlands, CA 92373
Re: Agreement for the Provision of Water Supply
to the City of Redlands
Dear Mike:
Enclosed is a fully executed copy of the Agreement for
your review and acknowledgement.
Should you have any questions, please call me. My
telephone number is 714-793-1310.
Thank you for the opportunity to serve the City of
Redlands.
Sincerely,
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Enclosure (4
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