HomeMy WebLinkAboutCounty of San diego; 1983-09-27;• •;'· ;-c-.,.. E G "l-v E"' o·· r~ a:. " I ,. "
SEP 3 0 1983
WOODSIDE-KUBOII\ .:x 1'5SC,C. AGREEMENT .BETWEEN _TI-!E COSTA REAL
MUNICIPAL WATER DISTRICT AND THE COUNTY CONSULTING ENGINEERS
CARLSBAD OF SAN DIEGO FOR WATER LI NE EXTENSION IN
------------McCLELLAN-PALOMAR AIRPORT SERVICE ROAD ENTRANCE
TI-US AGREEMENT, executed this 27th day of September , 1983, by and between
the COSTA REAL MUNICIPAL WATER DISTRICT, of the State of California, hereinafter
called. the "District" and the COUNTY OF SA.N DIEGO, a political subdivision of
the State of California hereinafter called the "County".
WITNESS ETH
WHEREAS, new commercial facilities currently being constructed at McClellan-
Palomar Airport will require public water system facilities; and
WHEREAS, said construction is on County property at McClellan-Palomar Airport;
and
WHEREAS, McClellan-Paiornar Airport is completely within the Costa Real
Municipal Water District; and
WHEREAS, any water qistrict facility expansions would serve County and
commercial facilities; a~d
WHEREAS, 300 ft. of 12 inch water line is needed to improve water service to -
the existing aviation development; and
WHEREAS, County has granted an easement for said water line; and
WHEREAS, it is the intent of the Airport Enterprise Fund to contribute
$16,000 toward the required water line expansion in order to improve public
water facilities for existing and future McClellan-Palomar Airport commercial/
_industrial expansion; and
WHEREAS, the District and the County desire to enter into an agreement for
expansion_ of public water facilities at McClellan-Palomar Airport prop_erties;.
and
WHEREAS, the District will maintain and operate said water facilities and
water lines.
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NOW 1HEREFORE, IT IS · MUTUALLY AGREED by and between the District and County
as follows:
1) District shall prepare plans and specifications for construction of a
new 300 foot 12 inch water line at. location shown per Attachment A. The District
shall award a contract for the construction of said \.,rater lirie subject to the
_conditions hereinafter set forth.
2) District shall obtain requisite environmental clearances and General
Plan ·conformance reports, and any other required permits.
3) District shall provide all engineering, design, service and inspection
to be performed prior to and during the construction of said project.
4) District agrees to construct the water line in conjunction ~ith pro-_
posed road width improvements ar1d to coordinate construction specifications and
schedules with the City of Carlsbad ..
5) The County shall deposit with the District a sum of $16,000 within
thirty (30) days after receipt of written notificadon from the District that
construction .will begin.
a) Project Cost is estimated to be $12,300
b) Engineering; Ad.ministration, Inspection Cost is estimated to be $3~700
6). Th~-District shall not incur costs on behalf of the County related to this
project in excess of $16,000 . · After all construction costs . are known and distri-
buted, the County shall be reimbursed if actual costs are less than the $16 ;.000
deposit .
7) District agre es to refund within 60 ,days of final acoounting of the -proj-
j ect, any urie:x-pected . funds to County "in the event actual . construction and adminis-
tration costs are less than the $16,000 County deposit.
~ -·---------·-·--·--··__,-·----···-•··----~-·-•·'"'-•-·-... -~~-.J._....__...., -·· ., , ....,,e-.. -.-,. -· --·•--·~-·-.. ---·--·• -·-" ·• .•. ·-·-----•··---"-··-> •· _.., •• _ •··---·~ •· -~···-·....,_-' •"--•-· ........ ---#•.•-· ~--· ._ __ -.--... --··
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8) The County shall not participate in nor contribute funds to the District
toward a construction contract for this project unless the construction contract
includes provisions substantially similar to the County Affirmative Action Pro-
gram adopted by the Board of Supervisors,. including all current amendments on
file with the Clerk of the Board of Supervisors.
9) (a) County, its agents, officers and employees, shall not be held liable
for any claims, liabilities, penalties, fines, or for damage to any goods, proper-
ties or effects or any person whatsoever, nor for personal injuries to, or death
of them, caused by or resulting from any negligent acts or omissions of District,
or its agents, employees, or representatives, including liability by reason of
acts or omissions caused by District, its agents, employees, or representatives .•
(b) District further agrees to defend and indemnify, and save free and
harmless,_County and its authorized agents, officers and employees against
negligent acts or omission caused by District, its agents or employees, and any
cost and expenses incurred by the respective parties ·on account of any claim
therefor, and County agrees to defend and indemnify and save free and harmless
District and its authorized representatives and employees against negligent acts
or omissions caused by County, its agents or employees, and any cost and expenses
incurred by the respective parties on account of any claim therefor.
(c) It is contemplated by the parties that this indemnity agreement is
not limited in any way by the extent of any policy of insurance currently in
force and held by either party.
10) This agreement may not be modified, amended or otherwise changed unless
by an amendment in writ ing executed by the parties hereto.
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11) This agreement shall be terminated after completion of construction
of the improvements and payment of all amounts due under terms of this agreement.
IN WITNESS WHEREOF, this agreement is executed by Costa Real Municipal Water
.. District pursuant to action taken by its Board of Directors and by the County of
. . •. .-·. . . .
San Diego pursuant to action taken by the Board of Supervisors.
RECOMMENDED BY:
~R. J. MASSMAN, Director
Department of Public Works
APPROVED AS TO FORM:
COSTA REAL MUNICIPAL WATER DISTRICT
By A h~~~ /
President of the Board of Directors
COUNTY OF SAN DIEGO
By ~/J~d,u4/
Clerk of the Board•·~
Approved and/or Authorized by Board
of Supervisors, County of San Diego
SEP 2 7 1983 ;#:.19
·~JN,tJ~·
· Clerk of the Board of Supetvisor
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