HomeMy WebLinkAboutSan Diego County Water Authority; 1988-10-07;AGREEMENT FOR SHARING COST FOR PREPARATION OF A FACILITIES PLANNING REPORT FOR ENCINA BASIN BY JOHN S. MURK ENGINEERS
Parties:
The parties to this agreement are:
1. San Diego County Water Authority ("Authority" herein).
2. Leucadia County Water District ("Leucadia" herein).
3. San Marcos County Water District ("San Marcos" herein).
4. San Dieguito Water District ("San Dieguito" herein).
5. Olivenhain Municipal Water District (NOlivenhainf'
herein).
6. Buena Sanitation District ("Buena" herein).
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Recitals:
zc P:A*-! ,-. k34 ( _--d-L "Carlsbad" herein).
Authority has established a Water Reclamation Assistance
Program for the purpose of encouraging and supporting development
of water reclamation projects by assisting in funding facilities
planning, feasibility investigations and preliminary studies.
The parties have discussed the feasibility of developing a
water reclamation project in the Encina Basin and have received
several proposals to prepare a report which makes a definitive
analysis of all aspects of such a project.
It is the desire of the parties that a contract be made by
the Authority, as lead agency, with John S. Murk Engineers, Inc.
substantially in accord with their proposal dated May 6, 1988.
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Authority will fund one-half of the cost and each other party
will fund one-twelfth (l/12) of the cost in accordance with this
agreement.
Aqreement
Section 1. Project
The project is to prepare an Encina Basin Water Reclamation
Project Facilities Plan in substantially the form described in
the proposal of John S. Murk Engineers, Inc. ("JSME" herein)
dated May 6, 1988. The specific scope of work shall be developed
by Authority in connection with the contract planned to be made
with JSME to secure a report.
Section 2. Lead Aqency
Authority shall be lead agency in terms of authority and
responsibility to make the contract and secure the report in
order to complete the project.
Section 3. Fundinq
The proposal from JSME was on a time and materials basis
not to exceed $88,982. The Authority will fund one-half
($44,492) of said cost and each of the other parties will fund
one-twelfth (l/12) of the cost ($7,415). Each of said parties
will pay their respective sums to Authority prior to execution by
it of a contract with JSME.
Section 4. Completion
Authority shall cause said project to be completed without
the requirement of any additional funding, unless each party (or
any one of them) subsequently agrees to supplemental funding.
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Authority shall cause copies of the project report to be
distributed to each party upon its completion. At such time the
project shall be deemed completed and this agreement terminated.
Section 5. Effective Date - Refunds
This agreement shall become effective on the first day after
Authority has received all the funding payments due from each of
the other parties hereunder.
If the project is completed at a cost less than the total
amount funded, Authority shall make a prorata refund to itself
and the other parties based upon the initial contributions made.
Section 6. Reimbursement To Authority
If, as a result of the project report, a project is
constructed and implemented and funding for such a project
becomes available from other sources, Authority shall be
reimbursed such amounts as may be permitted from the funding
source, not to exceed the amount contributed by Authority plus
interest calculated at the Authority's average interest earnings
rate for the pertinent period.
Section 7. Cooperation
The parties shall cooperate during the project by making
data and personnel possessed by each of them available to
Authority and/or JSME as may be reasonably required to pursue the
study, make the analyses, and complete the report.
Section 8. Miscellaneous
This agreement forms the full understandings between the
parties and prior discussions have all been integrated herein.
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It may not be modified except by a subsequent agreement in
writing approved and executed by each of the parties hereto.
The liability of each party is several and not joint and
none is liable for the obligations of another. Failure of JSME
to perform its contractual obligations shall not be the
responsibility of Authority or any other party. Authority may
(but is not obligated to do so) seek judicial relief for
enforcement of JSME's obligations if it so chooses but no other
party is responsible to fund the cost of such action[s].
In witness whereof, the parties have executed this agreement
on the date noted. This agreement may be signed in counterparts
without the neeed for execution of a single original.
Date Party
LEUCADIA COUNTY WATER DISTRICT
SAN MARCOS COUNTY WATER DISTRICT
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SAN DIEGUITO WATER DISTRICT c
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Date Partv
/t9 -1-86
Approved as to form
San Diego County Water Authority
PECWA.EB
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