HomeMy WebLinkAboutCosta Real Municipal Water District; 1988-05-31;0 0
1200 ELM AVENUE TE
CARLSBAD, CALIFORNIA 92008 (6 1
Office of the City Clerk Mi& df Marln bab
May 31, 1988
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
Attn: General Manager
Re: Palomar Airport Road West Assessment District No. 86-1
The Carlsbad City Council, at its meeting of May 24, 1988, approved
an agreement with CRMWD for the installation and reimbursement
of certain water service facilities. The agreement was approved
by the adoption of Resolution No. 88-167.
Enclosed for your records is a copy of Resolution No. 88-167 as
well as a fully executed original agreement. g*& eputy City Clerk
Encs.
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Wl -ON 16" IWFRUNE AND
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AIRTXRI RQ?iD WEST (- DISlKlCI' NO- 86-1)
422%EZE&) This AgEement entered into this -wc day of
between the COSTA REAL MUNICIPAL WATER DISTRICT (hereina the CITY OF CARLSBAD (hereinafter lCtTYll) with respect to the following fat
The CITY is widening Palamar Airport Road between Paseo del No&
2000 feet east of College Boulevard. The DISTRICT desires to construct i waterline, pressure-reducing station and appmtenances to serve lands we
El Canuno ' Real and adjacent to Palomar Airport Road in accordance
DISTRICT'S Master Plan.
A.
B. The CITY and the DISTRICT agree it is advantageous to both parti
install the waterline at the time of this road improvement.
m, THERElDRE, it is agreed between the parties:
1. DISTRICT agrees to review the design of the project, inc1udi.r~ effects on existing waterlines, and the new waterline improvements, incl the pressure-reducing station and am, for ccrmpliance with DIS
standards, and forward its comments to the CITY or the CITY'S consultant is understood that the CI"Y's consultant, pounteny & Associates, Inc., design the project, waterline, pressure-reducing station and appurten under contract with CITY, in accordance with DISTRICT'S standardL specifications for water facilities.
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2. CITY will award a construction contract for road impravementS as PALI3MAR AIFGORT ROAD, PRQSECT NO. 3151; said contract shall includ
construction of DISTRICT'S 16" waterline, pressure reducing statior
appurtenam=eS all as shown on Drawing Nuniber 283-7.
DISTRICT will provide to CITY, at no cost, shop drawing revie approval, construction inspection and testing for the project, wate~ pressure-reducing station, and appurtenances. CITY, acting as project rn for the total project, will be responsible for all dcation betwe DISTRICT and the CITY'S construction contractor and fllbcontractors corn the pipeline project.
3.
4. DISTRICT will reimburse CITY the sun of $3,800 wkich represent of the cost of its design services for the waterline and will reinburs
25% of the Cost of the ConstrUCtion as contained in SchedIule I:
tz construction cost is estimated to be $155,800; the actual reimbursemen
Contract 3151 (Palamar Airport Road). DISTRICr 'S share 0.
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will be based on the awarded bid prices as modified by any approved d
orders, provided that DISTRICT shall not be required pay to for or accept not conforming to DISTRICT standards and specifications. CITY dedicatee
waterline, pressurereducing station and ap-, and easement them to DISTRICT. The DISTRICT shall first obtain a right-of-way pennit frar
CITY prior to Cammencing any maintenance work within the public right-of.
The DISTRICT will also reimburse the CITY for 25% of its reas01
administrative services for the waterline portion of its project. DISTR
share is currently estimated to be $7,800. The CITY will make availabh DISTRICT review the data and documents used in de- the amounts 1 reimbursed to the CITY.
5. DISTRICT shall make progress payments to CITY as follows:
A. Within 30 days after the award of contract by the City COU
District shall pay $3,800 for design services and a $4 deposit toward construction and adhninistration costs.
Within 120 days after the award of contract, DISTRICT shal an additional deposit of $80,000 t& construction
administration costs.
Within 30 days after the Notice of Completion DISTRICT shal the full amount due less funds previously paid.
B.
C.
6. DISTRICT shall not be held liable or responsible to CITY
contractors, subcontractors or consultants, for any defect, error or ord in the design or inspection of the waterline improvmts, includim pressme-reducing station and appurteraances, unless the error, omissi(
defect is a di.~& result of the negligence of DISTRICT.
7. CITY shall not be held liable or responsible to DISTRICT fa defect, error or Omission in the design or inspeCtion of the wak improv~ts, including the pressure-reducing station and appurtenam=es, i the error, mission or defect is a direct result of negligence of CITY.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ss.
, 19 8& , before me (I
insert name and quality of the officer), personally appez
, personally known to me
proved to me on the basis of satisfactory evidence) to be
person whose name is subscribed to this instrument,
acknowledged that he (she or they) executed it.
(
-1 On this y f4 ’ day of ma-i-4
d
?, Q&Y-q/Yp-+ \J -L.3 * C’dAS
/
7 i KT z~-**/>4L4d /i$$ .c ~’~6b-&rn*.\
(signature of notary)
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a rl)
8. Attorney's Fees. In the event of any claim, dispute or ac
arising aut of the terms and conditions of this agreement, the prevailing 1
shall be entitled to reasonable attorney's fees.
IN WITNESS WHERMIF, the parties have execute3 this agreement by .
officers therein dully authorized as of the date and year first written ab^
CITY OF CAEUSBAD
lTITEsT:
Qd-ZaL $. @& BY: ATJEXHA L. RA-, city c1& (MI
cx>sTA REAL MUNICIPAL WATER DISTRIC
BY:
APmm As To FORM:
(Natarial aeknUw1- of executl 'on of presidenrt nust be attached.)
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