Contract - Irvine Ranch - 2007-12-13 MEMORANDUM OF UNDERSTANDING BETWEEN
COSTA MESA SANITARY DISTRICT AND
IRVINE RANCH WATER DISTRICT FOR
REIMBURSEMENT OF COSTS TO PROTECT
WATER PIPELINE•IN ANNIVERSARY LANE
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into as of this
i 3 day of becembe c 2007 by and between the COSTA MESA SANITARY DISTRICT a
sanitary district formed and existing pursuant to Section 6400 and following of the California
Health and Safety Code ("CMSD"), and the IRVINE RANCH WATER DISTRICT a California
water district formed and existing pursuant to Section 34000 and following of the California
Water Code ("IRWD").
RECITALS:
WHEREAS, IRWD has installed a water line in Anniversary Lane (the `Water Line");
and
WHEREAS, the Water Line s proximity to an existing sewer main owned and operated
by CMSD (the `Sewer Line") makes it necessary that measures be used for protection of the
Water Line in place if and when the Sewer Line is excavated; and
WHEREAS, IRWD is willing to reimburse CMSD for the incremental cost of any such
protective measures; and
WHEREAS, IRWD is willing to provide indemnification to CMSD for certain damages
caused by the proximity of the water line to the sewer line as specified herein; and
WHEREAS, the parties also wish to acknowledge their general intention that each party
will provide the other party with an opportunity for review of its plans in advance of any other
work to be carried out in the overlapping portions of their respective service areas.
NOW THERFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. CMSD COMMITMENTS:
1 1 To employ or cause its contractor to employ measures to protect the Water Line
in place prior to and during any excavation and/or work on the Sewer Line that could result in
damage to any portion of the Water Line, including but not limited to manual excavation or other
specialized methods of excavation for the Sewer Line (collectively `Protection Measures"). The
Protection Measures employed shall be generally consistent with sound municipal utility
practices.
1.2 Prior to commencing any such excavation and/or work, provide IRWD with an
opportunity to review the plans for the `Protection Measures' and incorporate any comments
IRWD provides to CMSD on the plans.
1 3 Bid (if applicable) and track the costs of the excavation and/or work in a manner
that will enable the identification of the incremental cost of the Water Line Protection Measures.
`Incremental cost' means the amount derived by subtracting the cost of the work without the
Protection Measures from the cost of the work with the Protection Measures; `incremental cost'
shall not include any share of mobilization or other prorated cost not directly resulting from the
Protection Measures.
1 4 Provide IRWD with an itemized statement, together with supporting
documentation, of the incremental costs of the Water Line Protection Measures.
1.5 Confer with IRWD and work in good faith to resolve any questions or corrections
raised by IRWD with regard to any such statement.
2. IRWD COMMITMENTS:
2.1 IRWD shall monitor water quality in the waterline on a routine basis and
demonstrate that conforms are not present.
2.2 Promptly review any plans submitted to it under Section 1.2 and provide CMSD
with IRWD's comments.
2.3 Respond to requests by CMSD for information, field review or other support that
may become necessary with regard to implementation of Water Line Protection Measures.
2.4 Confer with CMSD and work in good faith to resolve any questions or corrections
raised by IRWD with regard to any statement received from CMSD under Section 1 4.
2.5 Reimburse CMSD within sixty (60) days of the receipt of any statement under
Section 1 4 accompanied by supporting documentation.
2.6 IRWD agrees to indemnify defend, and hold CMSD harmless from any and all
damage, liability fines or penalties that may be incurred or sustained by CMSD as a result of
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exposure to contamination, actual contamination or other adverse effects of the Sewer Line upon
water quality in the Water Line, or as a result of the impairment of subjacent or lateral support of
the Sewer Line or other damage to the Sewer Line from any break in or work on the Water Line,
or as a result of any action taken or order fine or requirement imposed by any governmental
agency (other than CMSD) due to insufficient separation between the Sewer Line and the Water
Line, except to the extent such damage, liability fines or penalties are caused by the negligence
or willful misconduct of CMSD or its agents. The foregoing notwithstanding, IRWD may in
good faith dispute and contest whether any such action taken or order, fine or requirement
imposed by any governmental agency due to insufficient separation between the Sewer Line and
the Water Line is lawful and valid, so long as IRWD indemnifies, defends, and holds CMSD
harmless from any and all resultant costs, fines or penalties before any enforcement thereof
against CMSD
2.7 IRWD releases any and all claims that the current location of the Sewer Line does
not provide sufficient separation from the Water Line.
3. GENERAL COORDINATION
3 1 With respect to any work(other than the work specifically addressed in Sections 1
and 2) that either party plans to carry out within the other party's service area, prior to
commencing such work, the party carrying out the work will provide plans for review by the
other party and give reasonable consideration to any comments the other party provides on the
plans.
3.2 The party receiving such plans will promptly review any plans submitted to it
under Section 3.1 and provide the submitting party with its comments.
IN WITNESS WHEREOF each party hereto has executed this Memorandum of
Understanding by its duly authorized representative as of the date first set forth above.
COSTA MESA SANITARY DISTRICT
BY 4\
Manager s rict Engineer
IRVINE RANCH WATER DISTRICT a
BY
General M. ager .
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