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HomeMy WebLinkAboutOccidental Land Leucadia CWD Encinitas Sanitary; 1972-08-24;OCCIDENTAL-CAPd.SBAD-LEUCADIA-ENCIMITAS AGREEJ^nSNT lis; REGARD TO CONSTRUCTION OF SEWER PIPELINE ' "'^P 1 ^197/^ SOUTH FROM THE ENCINA WATER POLLUTION " CONTROL FACILITY i ^ ::E?T. THIS AGREEMENT is made and entered into this 24th "day of August , 1972, by and among OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORPORATION ("Occidental"), CITY OF CARLSBAD ("Carlsbad"), LEUCADIA COUNTY WATER DISTRICT ("Leucadia"), and ENCINITAS SANITARY DISTRICT ("Encinitas"). RECITALS A. Occidental has employed Salkin Engineering Corporation to design sewer siphon inlet and outlet structures, sev/er siphons and a 27~inch sewer pipeline from a point within the Encina Water Pollution Control Facility in the City of Carlsbad to a point ap- proximately 7,400 feet southerly of the siphon outlet structure. B. Leucadia and Encinitas have requested the redesign of both structures and pipeline from the outlet structure to a point approximately 2,415 feet south of the outlet structure so as to increase the size of both structures and the pipeline to 39 inches to provide capacity for Leucadia and Encinitas. C. The cost of construction of the original structures and the 27-inch line is to be borne by Occidental and the cost: of over- sizing the structures and line from 27 inches to 39 inches is to be borne by Leucadia and Encinitas. D. Both structures shall be sized to handle the ultimate capacity of the 39 inch pipeline. They shall have stub-oi;ts for a 16 inch and 18 inch siphon. The 16 inch and 18 inch siphons from the junction stub-outs are to be constructed by Leucadia and En- cinitas at their expense. The 16 inch siphon shall be constructed \ \ prior to the time Leucadia and Encinitas connect to the 39 inch pipeline. The 18 inch siphon shall be constructed at a time prior no the time at v/hich the combined sev/er flow rates of Carlsbad, Leucadia and Encinitas exceed the combined maximum capacities of the 16 inch, 18 inch and 24 inch siphons (the latter two siphons are to be constructed by Occidental for Carlsbad as part of the original project). When the 16 inch and 18 inch siphons are con- structed, the stub-outs and siphons shall be the property of Leu- cadia and Encinitas. IT IS, THEREFORE, AGREED BETWEEN THE PARTIES AS FOLLOWS: Section 1. Construction of Sewer Facilities. Occidental shall cause to be constructed the sewer facilities described above (with the exception of the 16 inch and 18 inch siphon). The pipe- line and structures shall be constructed in accordance with speci- fications approved by Carlsbad, Leucadia and Encinitas. Plans for the pipeline shall be subject to the approval of Carlsbad, Leucadia and Encinitas. No construction shall be started until required changes or corrections, if any, have been incorporated in the final plans and the final plans have been approved by Carls- bad, Leucadia and Encinitas. No changes shall be made in the ap- proved plans without the consent of Occidental, Carlsbad, Leucadia and Encinitas. Carlsbad, Leucadia and Encinitas shall be allowed to inspect the facilities at all stages of construction, however, primary responsibility for inspection shall rest with the City of Carlsbad. The facilities shall be constructed in strict conformity with the approved plans and specifications. Construction of the facilities shall commence by September 15, 1972, and shall be com- pleted by January 15, 1973. Section 2. Payment for Oversizing. The cost of the construc- tion of the structures and pipeline shall be borne by Occidental, excep-c for the cost of oversi?-ing which shall be borne by Leucad:La and Encinitas. Leucadia and Encinitas shall pay the cost of over- sizing the portion of the pipeline that is increased in size from 27 inches to 39 inches and the inlet and outlet structures as fol- lows : a. For the cost of engineering, survey, and all other incidental expenses, Leucadia and Encinitas shall pay $1,500.00, as follows: Leucadia $1,050.00; Encinitas $450.00. The entire sum shall be due and payable to Salkin Engineering Corporation at the time the plans are approved. Any engineering changes requested by Leucadia or Encinitas and performed by Salkin Engineer- ing Corporation after the date of approval of this Agree- ment shall be paid at the rate of $25.00 per hour for engineering plus costs for blueprints, mileage or other incidental items. Any" modifications shall be approved by all parties signatory to this Agreement. b. " Leucadia shall pay 67% and Encinitas shall pay 33% of the cost of oversizing the siphon inlet and out- let structures and the difference between the 27 inch unit price and the 39 inch unit price, which cost is hereby fixed as $20.93 per foot (including the cost of oversizing the inlet and outlet structures and the cost of constructing 40 feet of 16 inch and 4 0 feet of 18 inch diameter siphon barrels across the existing out- fall) multiplied by the length of the 39 inch pipeline actually installed. $27,520.20, which is the estimated total cost based upon the design length of the pipeline, shall be deposited with Occidental by Leucadia and Encinitas upon commencement of construction. The final cost, adjusted for the length of the 39 inch pipeline actually installed, shall be paid to Occidental (or / I refunded by Occidental in rhe event the deposit ex- ceeds the installed cost) by Leucadia and Encinitas upon completion of construction. c. Leucadia and Encinitas shall pay the entire cost of the manhole in La Costa Boulevard v/here the Leucadia-Encinitas pipeline joins the Occidental pipe- line. The cost of the manhole is hereby fixed as $1,000.00 (shared: Leucadia $670.00; Encinitas $330.00). Section 3. Bond. Occidental shall file a good and sufficient bond in an amount not less than the estimated cost of the work and improvements (including the facilities described in this Agree- ment and all other work and improvements done under the same con- struction contract) securing payment to the contractor, his sub- contractors and to persons renting equipment or furnishing labor or materials for the improvements. The form of the bond shall be as specified by Carlsbad, Leucadia and Encinitas. Section 4. Dedication of Pipeline. Upon completion of the structures and the 39 inch pipeline in accordance with the approved plans and specifications, and acceptance thereof by Carlsbad, Leu- cadia and Encinitas, Occidental shall convey it to Carlsbad, Leu- cadia and Encinitas, who shall take title to and ovm the structures and the 39 inch pipeline as follows: f t f Leucadia - 40.3% Encinitas - 19.7% Carlsbad - 40.0% The costs of maintaining, operating and repairing the inlet and outlet structures, all siphons, and the 39 inch pipeline shall be borne 40.3% by Leucadia, 19.7% by Encimtas and 40.0% by Carls- bad. Carlsbad shall manage the maintenance of the foregoing faci- lities (by contracting with San Diego County or in some other man- ner acceptable to Leucadia and Encinitas) and v/ill bill Leucadia for 40.3% and Encinitas for 19.7% of the maintenance costs. (The 27 inch pipeline south from the 39 inch pipeline shall be owned, maintained, operated and repaired 100% by Carlsbad.) Section 5. Warranty. Occidental shall, and hereby does, war- rant workmanship and materials for the structures and pipeline for a period of one year after the date of acceptance of the pipeline by Carlsbad, Leucadia and Encinitas. Occidental shall repair or replace any and all such faulty workmanship or materials (includ- ing settlement of backfill), together with any other work which may be displaced in so doing, within a one-year period from the date of acceptance of the work by Carlsbad, Leucadia and Encinitas with- out expense whatsoever to Carlsbad, Leucadia or Encinitas, ordinary wear and tear, unusual abuse or neglect excepted. Section 6. Easements. This Agreement is contingent and condi- tional upon the receipt of grants of easement to Leucadia and En- cinitas (at no cost to them) covering property in which the sewer facilities are to be located in all instances where the facilities are not to be located in dedicated streets. The legal descriptions and title conveyed must meet with the approval of Leucadia and Encinitas (as evidenced by policies of title insurance which shall be procured). IN WITNESS t^KEREOF, this Agreement has been signed by the parties on the date indicated below: Dated: ^C^** ^ OCCIDENTAL PETROLEUM LAND ' AND DEVELOPMENT CORPOPvATION By (gXw/^^i^g^ y^Z (7i^ Dated : /y^r/^/i^cZd jZ Z Z^ /Z777 CITxW^RLSBAD .fG''^ D '/7 i / ( Dated: 77..-.,^ . .^-rG /'/y::?.. Dated: AUG 9. n 197? LEUC/vDIA COUNri' V/.e.T£R DISTRICT By /}7Z-iHG.> >Z ypZ27fi.^?^c^!4j' WZ-''f,Gzy ENCINITAS S^\^'ITARY DISTRICT By :' //' '\^[ By '^^Z^%^jf •'GG(:'-i<