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Home My WebLink AboutVista Irrigation District; 1997-10-22; CMWD 97-1050 a November 21,1997 TO: FROM: KAREN KUNDTZ, DEPUTY CITY CLERK William E. Plummer, District Engineer REIMBURSEMENT AGREEMENT REGARDING VISTA IRRIGATIC DlSTRlCT/CARLSBAD MUNICIPAL WATER PIPELINE INTERTIE (TEMPORAR CMWD PROJECT NO. 97-105 Attached is the original copy of the subject agreement for your records. A copy t- been forwarded to John Amodeo, General Manager, of the Vista Irrigation District, E a copy has been placed in the engineering project file. If you have any comments or require any additional information, please give me a ( at ext. 126. Sincerely , kdfi&K@rn/flv- WILLIAM E. PLUMMER, P.E. District Engineer WEP:sjs attach men t CMWD 97-105 Dd2-47 +?&-A& /!9Y fb. J+ 0 0 ‘, t r\ RECORDING REQUESTED BY WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code (6103).) Space above this line for Recorder’s Use Agreement No. 1 REIMBURSEMENT AGREEMENT REGARDING VISTA IRRIGATION DISTRICTEARLSBAD MUNICIPAL WATER DISTRICT WATER PIPELINE INTERTIE (TEMPORARY) (Agreement No. 1 - Total Cost of Pipeline) This Agreement is entered into on the A2 So& &%&6d, 1997, between CARLSBAC MUNICIPAL WATER DISTRICT (hereinafter “CMWD”) and Vista Irrigation District (hereinaftei “VID”), with respect to the following: A. In the month of January, 1998, the Metropolitan Water District of Southern California (MWD: and the San Diego County Water Authority (CWA) will be performing maintenance and repairs on thc Skinner Filtration Plant and the imported water aqueducts, respectively. During the time that thest maintenance and repair activities are occurring, CMWD will not be receiving treated imported water. B. CMWD has requested from VID a supply of treated potable water for the month of Januaq 1998. C. VID is willing to provide a temporary intertie between the water pipeline system of VID an CMWD and supply up to 5 cfs of treated potable water to CMWD. The temporary water pipeline interti would be located near the intersection of Business Park Drive and Palomar Airport Road, as shown o Exhibit “A” attached hereto and made a part hereof. 0 0 *. < .. D. VID is willing to construct, approximately 477 feet of water pipeline to complete the intertie. Approximately 62 feet of the pipeline will be permanent, and 415 feet will be temporary. E. These facilities are to be constructed in accordance with CMWD drawing 97-105. F. These facilities have been determined by CMWD to be eligible for total reimbursement pursuant to CMWD Ordinance No. 26. NOW, THEREFORE, in consideration of the mutual obligations set forth below, the construction by VID of the water system improvement described above, the parties agree as follows: 1. CMWD shall reimburse VID for the total cost of construction of the 477 feet of temporary water pipeline intertie, and removal of the temporary pipeline. 2. CMWD shall furnish and install, at its expense, all “K Rail” necessary for protection of the work and traffic control. 3. CMWD shall reimburse VID for all maintenance cost associated with operation of the temporary water pipeline intertie. 4. Indemnityhlold Harmless. VID and CMWD, each mutually, indemnify and hold each other harmless from all claims, demands, losses, and liability to the extent that the same are the result of an error, omission, or negligent act of the other, its officers or employees, or any other person acting pursuant to it: control in performing under this agreement. 5. Calculation of the Amount to be Reimbursed. VID has determined and furnished to tht CMWD the estimated cost of constructing the 477 feet of temporary water pipeline intertie, and removal o temporary pipeline. VID also forwarded to the CMWD for review all records and data involved in making the estimate. The estimated cost for this work is $20,029.00 as shown on Exhibit “B” attached hereto an( made a part hereof. After completion of all portions of the temporary water pipeline intertie constructio and removal, VID shall furnish to the CMWD the actual cost of constructing and removing the 477 feet c temporary water pipeline intertie. CMWD may request a final audit upon completion of all the war1 provided by VID, as to the actual construction cost which is to be reimbursed to VID. 6. Time of Reimbursement. CMWD will make the payment(s) required by provision withi thirty (30) days after completing the work and receiving an invoice(s) from VlD for construction ar removal of the temporary water pipeline intertie. 2 0 0 t I’ 7. Water supplied to CMWD by VID through the temporary water pipeline intertie will be measured by the meter supplied by CMWD and reported to the San Diego County Water Authority as an inter-agency transfer. 8. Notices. All notices or other communication required or permitted under this Agreement shall be sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To VID: John Amodeo, General Manager Vista Irrigation District 202 West Connecticut Avenue Vista, CA 92083 Robert J. Greaney, General Manager Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 To CMWD: 9. Benefit and Burden. This Agreement shall inure to benefit of, and the obligation created hereby shall be binding upon the heirs, successors and assigns of the parties hereto. 10. Severability of Provisions. The invalidity of illegality of any provision of the Agreement shall not affect the validity enforcement of the remainder of this Agreement. If any provision or term hereof is found to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect as though the invalid or unenforceable provision was not a part of the Agreement. 11. Waiver of Amendment. No provision of this Agreement, nor any breach hereof, can bc waived unless in writing. Waiver of any one breach of any provision hereof shall not be construed as 2 waiver of any breach of the same or any other provision hereof. This agreement shall be amended o modified only by a written agreement signed by the party to be charged with the amendment. 12. Governing Law. This Agreement and any amendments hereto shall be governed by construed and enforces in accordance with the laws of the State of California. 13. Authority to Sign. The individuals who sign this Agreement on behalf of the undersigne municipal agencies certify that they have the authority and approval to do so on behalf of such municipi agencies. 3 0 e .t 6 4 >- 22 day of Executed by VID thisA*% day of Executed by CMWD this 7 .a A7C&/bAf+ <' ,1997. QeTo86R , 1997. 1 VISTA IRRIGATION DISTRTCT CARLSBAD MUNICIPAL WATER DISTRICT By: RAY PATCHETT Executive Manager (title of signatory) By: (sign here) (title of signatory) APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL By: CMWD 4 c 0 e 4* . >- 3 GpRLSBpQ Rp,cc€MPy a3 IC % G n 1% I\ Q m cn 14 2L {I 2 2 ;;: 00 NEW WATER L LINE INTERTIE (TEMPORARY) LOCATION MAP SCALE: 1"=200' EXHIBIT I 0€'620'02 $ %L'dlr\IILSS AS03 L3WOXd 7VLOL I OO'OOS'6 $ 'nE/OS$ @ SJnOY UFW 061 piourax 'sisal 1e3r801ouai3ea ig XSO~~AH 'uoyqe,su~ VW Ul SI 1E!JaPpJ -9FI-IH (OOZ 73) 3Ad ,,O I ~KXU~J ig 1IWF Oi JOqe7 bQl3'2IO~3Ll 3NITIH 3116 tcOT dO WAOMI3X aNV NOILTIWLSNI OE'6 ZS'O I$ Y 00'05 $ aiama-pax - sy3-a 01 OO'OPZ $ paraqaa qeydse xy pi03 - UOJ 8 F O5'LSE $ paraagaa .o.a ppapur aseq 2 ssep - uoi 0s I OO'P81 $ OOEI sailas sira azuw-fun ''01-z Y OO'OPZ $ SJNEPV Id x Fm-Z z 00.L8 $ ZDNVT~ am8 ''0 I -I 3 a P 00'001 $ 00'002 $ 8Z'OP $ 'WLO'OI$ @ (002 73) 006-3 "OI-'P-I 3 OP'OPI $ W08'9P$ @ (OS1 73) d3V ''21 30 suoli3as &E-€ 9 Z1'06P $ "ai€S'ZZI$ @ (os1 73) 63V "21 30 slulof 'EI-P e 8 OO'OSP $ qedax peox paueuuad L 00'00E $ pinax q3n.q zwM 9 OO'OOI $ PWaX iUeId $9811 s 00'009'E $ alar3uo3 aAlSSa~zOld-iUavua3eldar aiar3uo3 padqs P OO'OSZ'Z $ E 00'000'I $ Z I OO'OOL $ 113 06 Id X 13 "01-1 Ja3nPaJ Id x AX "0 1x "Z 1 - 1 (iaays Ilrojuaauy aIA urog are sa3rrd) :sprapp~ 'xrVOS$ @ smoyuem SP - (OS1 73) d3V ,,ZI IIWu! 01 JOqe7 aiarmo3 30 pornai pue 8urun3Mes aiar3uoS ig qeydsv '03 Ioqaq, - 104~03 3133~1~ (LN3NVlAM3d) 3NVTNWlL SSOXT3V 8nLS 63V ctZT 60 NO1,LVTIVLSNI $SO3 Paw~!3s3 uo!qdpsaa ma31 OrXVXOdllr3&) 3I.LX3LNI ctZT mms1a X~JV'M wmINnw avasmvxmmma NOILVSWRII VJSIA LL~W LISCIHX'3 im e