The URL can be used to link to this page

Home My WebLink AboutSan Diego Water Authority; 2013-10-28;Son Diego County Water Authority 4677 Overland Avenue • San Diego, California 92123-1233 (858)522-6600 FAX (858) 522-6568 www.sdcwa.org October 2, 2013 MEMBER AGENCIES Carlsbad Municipal Water District Cily of Del Mor City of Escondido City of National City City of Oceanside City of Poway City of San Diego Fallbrook Public Utility District Helix Water District Lakeside Water District Olivenhain Municipal Water District Otay Water District Padre Dam Municipal Water District Camp Pendleton Marine Corps Base Rainbow Municipal Water District Ramona Municipal Water District Rincon del Diablo Municipal Water District San Dieguito Water District Santo Fe Irrigation District South Boy Irrigation District Vallecitos Water District Valley Center Municipal Water District Vista Irrigation District Yuima Municipal Water District OTHER REPRESENTATIVE County of San DIego Mr. Skip Hammann Jr Public Works Director Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 RE: Letter Agreement for the Reimbursement of Costs by the Carlsbad Municipal Water District to the San Diego County Water Authority for Design and Construction for a New Turnout to the Carlsbad Desalination Project Product Water Conveyance Pipeline Dear Mr. Hammann: This letter constitutes an agreement between the San Diego County Water Authority (Water Authority) and the Carlsbad Municipal Water District (District) for reimbursement of certain costs incurred by the Water Authority for the design and construction of a new turnout to the Carlsbad Desalination Product Water Conveyance Pipeline (Conveyance Pipeline). Reimbursable work represents the additional work requested by the District that is beyond the Water Authority's obligation to construct under the terms of the Agreement Memorializing Certain Understandings and Establishing a Framework for Cooperation Regarding a Desalination Project Located in the City of Carlsbad, dated September 13, 2011 (Framework Agreement). The new turnout is required for a future Service Connection, referred to as Carlsbad 5 Flow Control Facility, serving the District. 1. Purpose In accordance with the Framework Agreement and at the request of the District, the Water Authority has agreed to construct or cause to be constructed at its expense a buried, blind flange connection to the Carlsbad Desalination Conveyance Pipeline at the intersection of Faraday Street and South Melrose Drive. The purpose of the blind flange is to provide a connection for a future service connection that would provide for direct delivery of desalinated product water to the District. Following execution of the Framework Agreement, the District has requested additional work subject to the same terms as the Framework Agreement as described in item 5 below. 2. District Request to Purchase Desalinated Product Water On November 27, 2012, the District approved a resolution of intent to purchase 2,500 acre-feet per year of desalinated product water from the Water Authority. District and Water Authority recognize that fmal terms of the District's purchase of desalinated product water will be established in the future execution of the Uniform Contract for Member Agency Purchase of Treated Water from the San Diego County Water Authority - Carlsbad Desalination Project. A public agency providing a safe and reliable water supply to the San Diego region PRINTED ON RECYCLED PAPER Mr. Skip Hammann Jr. October 2, 2013 Page 2 3. District Request to Construct Standard Turnout On April 23, 2013, the District requested the Water Authority to relocate the blind flange connection. 4. Water Authority Obligation under the Framework Agreement In lieu of the buried turnout and blind flange connection set forth in the Framework Agreement, the Water Authority at its expense will construct a new turnout to the Conveyance Pipeline, which shall consist of a 30-inch diameter manway at the top of the pipe with 18-inch nozzle, 18-inch metal seated butterfly valve, and 18-inch blind flange. At the request of the District, the turnout will be relocated from Station 373+00 to Station 410-h80 (See Figure 1). 5. Reimbursable Work to be Designed and Constructed by the Water Authority District has requested additional work which is referred to as Reimbursable Work and will be paid for by District. This work will be designed and constructed by the Water Authority and generally consists of the features listed in items i., ii., and iii.below (and as shown in Figures 2 and 3 attached herein). The Reimbursable Work shall be performed in accordance with Water Authority standards and shall be owned and operated by the Water Authority. i. A standard reinforced concrete encasement of the Carlsbad Desalination Conveyance Pipeline. 11. A street-type cast in place or precast reinforced concrete vault structure with all appurtenances, as shown in Figures 2 and 3. iii. Fiber optic conduit and cable to a pull box located beyond the north edge of sidewalk on the north side of Lionshead Avenue with spare cable coiled within the pull box, as shown in Figure 2. There shall be a sufficient length of spare cable placed within the pull box to extend to and from the future Carlsbad 5 Flow Control Facility, the location of which has yet to be determined. 6. Environmental Compliance The Water Authority shall be responsible for all environmental permits and approvals to construct all work described in Paragraphs 4 and 5 of this Agreement. 7. Cost Reimbursement The District shall reimburse the Water Authority for the actual cost of the design and construction of the Reimbursable Work. The estimated cost of the design and construction of the work is $29,281. The District shall, within thirty (30) calendar days of receipt of a request, deposit this amount with the Water Authority. If at any time the Water Authority anticipates that the actual cost will exceed the deposit amount, the Water Authority shall notify the District in writing. This written notification shall include a new cost estimate and the basis for the cost increase. Within thirty (30) calendar days of receipt of a request for additional deposit amounts, the District shall deposit the additional deposit amount with the Water Authority. Any amounts not paid within thirty (30) calendar days of receipt of the additional deposit Mr. Skip Hammann Jr. October 2, 2013 Page 3 request shall be considered delinquent, and the Water Authority, at its sole discretion, may stop work. 8. The District and the Water Authority agree to mutually indemnify, defend at their own expense, including attorneys' fees, and hold each other harmless from and against all claims, costs, demands, losses, and liability of any nature whatsoever, including but not limited to liability for bodily injury, sickness, disease or death, property damage (including loss of use) or violation of law, caused by or arising out of any error, omission, or negligent act of that party, its officers, directors, employees, agents, volunteers or any other person acting pursuant to its control in performing under this Agreement. Neither party shall indemnify the other for a party's acts of sole negligence or willful misconduct. 9. This agreement will be interpreted in accordance with the laws of the State of Califomia. If any dispute, controversy, or claim is brought to interpret or enforce any term of this agreement, the action shall be brought in a state or federal court in the County of San Diego, State of Califomia. 10. This agreement may be modified only by a subsequent written amendment executed by both Parties. 11. This agreement and any portion thereof shall not be assigned or transferred, nor shall any of the duties be delegated, without the express written consent of both Parties, which shall not be unreasonably withheld or delayed. Any attempt to assign or delegate this agreement without the express written consent of both Parties shall be void and of no force or effect. IN WITNESS WHEREOF, this agreement is executed by the Water Authority and by the District, effective as oi2^CXrX<DBSj^':2^:^ The individuals executing this agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their legal entities. . ! j_ Dated San Diego Count Authority Carlsbad Municipal ^ater District By:^ Ken Weinberg Director of Water Resources <^)U0P(O Skiff tiammann Jr. Public Works Director Approved as to form: Daniel S. Hentschke, General Counsel Counsel Approved as to form: Ronald Kemp, Assistant General By: Rosann Gallien Deputy General Counsel By: Ronald Kemp Assistant General Counsel Mr. Skip Hammann Jr. October 2, 2013 Page 4 Figure 1 OQ (Tl VQ d 2 3 54--(NCH CONVETANCE PIPEUNE APPURTENANCES SCHEDULE-CARLSBAD NO 5 flOW CONTROL FACIUTY cfS' c r"™T-—1 * • 1 I w). ami scvisaKS DON, CKB SAN OIEGO COUNTY WATER AUTHORITY CAf?LSBAD 0E:S<a.iNAT10N CONVEYANCE PiPELiNt MANWAY. AIR RELEASE ANO CARI.SBAD NO 5 aOW CONTROL FACtLfTY ^ O ^ oq ri P ^ o- ^ ^ ^ ^ ffi to P 2 3 u) 3 p