HomeMy WebLinkAboutSan Diego County Water Authority Carlsbad 4 Flow Control Facility; 2016-03-10;Carlsbad Letter Agreement -Carlsbad 4 FCF
March 10, 2016
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4. Provide inspection oversight services for the Project, as necessary, throughout the
construction phase. Upon completion of construction, the Water Authority and
Carlsbad, in conjunction, will conduct a final inspection and provide Carlsbad with a
written punch list.
5. Provide written approval to Carlsbad that the Project is in compliance with the contract
documents. The Water Authority will not unreasonably withhold its approval.
C. Ownership of Components:
The Water Authority will own and maintain the Project. A buried insulating flange joint,
including a test station, will be installed on the piping at the easement line. The insulating
flange joint will delineate change in ownership of the components, as shown on Exhibit A.
The Water Authority will own and maintain the piping, the insulating flange, and the test
station within the Water Authority easement. Carlsbad will own and maintain the piping
and equipment downstream of the insulating flange.
D. Dispute Resolution:
If any dispute, controversy, or claim arises out of or relates to any provision of this
Agreement or concerns the breach or interpretation of any provision of this Agreement,
which cannot be settled through negotiation, Carlsbad and the Water Authority agree first
to try in good faith to settle the dispute, controversy, claim, or breach of this Agreement by
mediation under the most recent version of the American Arbitration Association
Construction Industry/Commercial Mediation Rules, the cost of which shall be borne
equally by the parties. The mediation shall occur not later than 45 calendar days from
commencement of the dispute. If mediation does not occur within this 45 calendar day
period, the obligation to mediate shall be waived. The mediation shall not be binding on
the parties. If the dispute is not settled in the mediation, either party shall have the right to
pursue the dispute in court.
E. Indemnification:
Carlsbad will indemnify, defend at its own expense, including attorneys' fees, and hold
harmless Water Authority from and against all claims, costs, demands, losses, and liability
of any nature whatsoever, including, but not limited to, liability for bodily injury, sickness,
disease or death, property damage (including loss of use) or violation of law, caused by or
arising out of any error, omission, negligent or willful act of its officers, directors,
employees, agents, volunteers or any other person acting pursuant to its control in
performing under this Agreement. A party shall not be indemnified for its sole negligence
or willful misconduct.
The Water Authority will indemnify, defend at its own expense, including attorneys' fees,
and hold harmless Carlsbad from and against all claims, costs, demands, losses, and
liability of any nature whatsoever, including, but not limited to, liability for bodily injury,
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Carlsbad Letter Agreement-Carlsbad 4 FCF
March 10, 2016
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sickness, disease or death, property damage (including loss of use) or violation of law,
caused by or arising out of any error, omission, negligent or willful act of its officers,
directors, employees, agents, volunteers or any other person acting pursuant to its control in
performing under this Agreement. A party shall not be indemnified for its sole negligence
or willful misconduct.
F. Notices:
Any notice or instrument required or permitted to be given hereunder will be deemed
received upon personal delivery or 24 hours after deposit in any United States mail
depository, first class postage prepaid, and addressed to the party whom intended as
follows:
With a copy to:
San Diego County Water Authority
610 W. Fifth Avenue
Escondido, CA 92025
Attention: Director of Engineering
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
Attention: Executive Director
City of Carlsbad
Carlsbad Municipal Water District
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attention: General Counsel
G. Laws and Venue:
This Agreement will be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall
be brought in the Superior Court, County of San Diego, or a federal court situated in the .
County of San Diego, State of California.
H. Amendment:
This Agreement may be modified only by a subsequent written amendment executed by
both parties.
I. Successors or Assigns:
This Agreement and any portion thereof shall not be assigned or transferred, nor ·shall any
of the duties be delegated, without the express written consent of all parties, which shall not
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B. Additional Coverages Required (as indicated by marked box below)
0 (I)
REQUIRED
Professional Liability. At all times during this contract, and for 12 months
following acceptance of work by owner, Permittee agrees to maintain
Professional Liability Insurance as respects services or operations under this
agreement.
0 (2)
REQUIRED
Pollution Liability. At all times during thi s contract, and for 24 months
following, Permittee agrees to maintain Pollution Liability Insurance as respects
services or operations under this agreement. Extended discovery period must be
no less than 24 months.
C. Minimum Policy Limits Required
Commercial
General Liability
Automobile Liability
W/C Employer's Liability
Combined Single Limit (CSL)
$2,000,000.00
$2,000,000.00
$1,000,000.00
Additional Coverages (as indicated under Section B, Additional Coverages Required,
with marked box below):
0 B-2 Professional Liability
REQUIRED
0 B-3 Pollution Liability
REQUIRED
D. Policy Provisions Required
$
$
( l) Notice of Cancellation. All policies and coverages shall contain a provision for
30 days written notice by the In surer(s) to the Water Authority of any
cancellation.
(2) Primary Insurance. Permittee agrees that all general liability coverages required
under this Insurance section are PRIMARY insurance and that any insurance of
the Water Authority shall be excess and noncontributory.
E. Special Provisions
The foregoing requirements as to the types and limits of insurance coverage to be
maintained by Permittee, and any approval of said insurance by the Water Authority, are
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by Permittee pursuant to this agreement, including but not limited to
the provisions concerning indemnification.
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STANDARD FORM (rev.lll7201!)
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3. Indemnification:
A. Carlsbad will indemnify, defend at its own expense, including attorneys' fees, and hold
harmless Water Authority from and against all claims, costs, demands, losses, and
liability of any nature whatsoever, including, but not limited to, liability for bodily
injury, sickness, disease or death, property damage (including loss of use) or violation
of law, caused by or arising out of any error, omission, negligent or willful act of its
officers, directors, employees, agents, volunteers or any other person acting pursuant to
its control in performing under this Agreement. A party shall not be indemnified for its
sole negligence or willful misconduct.
B. The Water Authority will indemnify, defend at its own expense, including attorneys'
fees, and hold harmless Carlsbad from and against all claims, costs, demands, losses,
and liability of any nature whatsoever, including, but not limited to, liability for bodily
injury, sickness, disease or death, property damage (including loss of use) or violation
of law, caused by or arising out of any error, omission, neg! igent or willful act of its
officers, directors, employees, agents, volunteers or any other person acting pursuant to
its control in performing under this Agreement. A party shall not be indemnified for its
sole negligence or willful misconduct.
4. The following condition(s) apply if checked:
A.
B.
c.
D. D
E.
F.
G.
H.
I. D
Permittee agrees to coordinate on a daily basis a reasonable access to all Water
Authority facilities.
Permittee agrees to restore all facilities, improvements, landscaping, etc., to their
original condition by the completion of work.
Permittee agrees that no work by Permittee or its authorized agent will interfere
with Water Authority operations.
Permittee shall deposit with the Water Authority, the sum of Three Hundred
dollars ($300.00 ), representing the Encroachment Permit fee.
Permittee shall notify the Right of Way Group of the Water Authority 48 hours
prior to the start of work on subject property at (858) 522-6900 and within
24 hours after completion of work.
Permittee shall arrange a preconstruction meeting with Ray Carreon of the
Water Authority at (858) 522-6920 to review procedures and possible facility
conflicts in the vicinity of the proposed work.
Permittee shall obtain approval from the Water Authority upon completion of
work that all facilities have been restored to original or better condition.
Water Authority shall maintain a competent Construction Inspector to protect and
control work and equipment activity of Permittee while upon Water Authority
premtses.
Permittee shall keep all trees, fences, gates, equipment, tools, and materials at
least twenty (20) feet from the centerline of any pipeline.
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STANDARD FORM (rev.lll720ll)
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J.
K . D
L.
M.
N. D
0. D
P.
Q.
R.
Permittee shall remove all of Permittee's tools, equipment, and materials from
Water Authority premises promptly upon completion of work, restoring Water
Authority premises to the same state and condition as when Permittee entered
thereon.
Permittee shall reimburse the Water Authority for all cost and expense incurred
by the Water Authority in connection with said work, including without
limitation the expense of furnishing such inspectors, plan checkers, and Land
Surveyors as the Water Authority deems necessary.
If Permittee plans to use any equipment or engage in any activity over the Water
Authority's right of way which will impose loads greater than AASHTO H-20,
Permittee shall submit the specifications of such equipment for review and
written approval by the Water Authority five working days prior to its use.
Permittee shall perform all work in accordance with applicable Local codes,
specifications, and Water Authority design criteria.
Permittee shall submit the attached Encroachment Permit form to the
Engineering Department of the Water Authority ( 4677 Overland A venue, San
Diego, CA 92123-1233) at least 72 hours prior to the start of work.
Permittee shall provide locks to existing gates across the Water Authority's access
road and shall remove the locks when the project is completed. Permittee's locks
shall not prohibit Water Authority access.
Permittee is responsible for advising its contractor and any subcontractors of the
presence of and restrictions regarding Water Authority's facilities.
Permittee is responsible for acquiring any other property rights, licenses, or permits
needed to conduct the permitted activities.
Permittee shall comply with the following special conditions:
I) Approved construction equipment traversing the Water Authority's right of
way shall travel at a maximum speed of 15 mph and shall be limited to:
A. 228 Komatsu Excavator
B. 138 Komatsu Excavator
C. 524 John Deere Loader
D. 650 Bobcat Skidsteer
E. Water Truck
F. Super 10 Peterbuilt Dump Truck
G. Service/Tool Truck
2) If Permittee violates any terms or conditions of said permit, the permit shall
be immediately revoked. Permittee waives the right to assert any claim or
action against the Water Authority arising out of or resulting from the
revocation of this permit or the removal of any improvements or any other
action by the Water Authority, its officers, agents, or employees taken in a
non-negligent manner, in accordance with the terms of the permit. Upon
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STANDARD FOR.J.vl (rev.lll72011)
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