HomeMy WebLinkAbout1988-05-24; City Council; Resolution 88-1671
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RESOLUTION NO. 88-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH COSTA REAL MUNICIPAL WATER DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIF0
pursuant to the provision of the "Municipal Improvement Act of 19
Division 12 of the Streets and Highways Code of the State of Cali
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adoption of its Resolution of Intention, declared its intention to
construction and installation of certain works of improvement, tog1
appurtenances, in a special assessment district known and designated
ASSESSMENT DISTRICT NO. 86-1
12 (PALOMAR AIRPORT ROAD) ; and
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have explored the potential for including certain water service 14
WHEREAS, the City of Carlsbad and the Costa Real Municipal Wate
1. That the above recitations are true an correct. 18
Carlsbad, California, as follows: 17
NOW, THEREFORE, BE IT RESOLVED by the City Council of tht 16
within the aforementioned street improvements 15
19 2. That the agreement between the City of Carlsbad and C
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water service facilities attached hereto and made a part hereof is h 21
Municipal Water District for the installation and reimbursement I
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approved and the Mayor and city Clerk are hereby authorized and d
execute said agreement. Upon execution of the agreement by the
3 11 City Clerk is hereby authorized and directed to forward to col
4 11 executed agreement to the Costa Real Municipal Water District.
5 11 PASSED, APPROVED AND ADOPTED at a regul ar meeting of th
6 11 City Council held on the 24th day of May
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by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
NOES: None
ABSENT: None ABSTAIN: Council Member k
13 11 ATTEST:
14 11 ALwA~s*%~
15 /I (SEAL)
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-Eat- m OCrslWQnlN 16" - =
"SrERNIN- AmRm! RmD = (- LLIS" H). 86-1)
lmis"intothisd7 TZ &Y of .LA&&-, between the CCXTA ReAL EaMIcIpAc WER DISiRIcT (hereina 'DISEUCI the CITY OF -BAD (hereinafter "CZTY1') with lfespect to the follcwbq I
A. ?hecITyiswi~pdlcanarAirportFbadbetklseenpaseodel~
2000 feet eaSt Of College mevard. Ihe DmCT desires b ccr&nl& waterline, pressme-w station and - to serve 1- w El~RealardadjacerrttopdlamarAirport~inacm~
DmCPS - Plan.
B. Ime~a1~3theDISTRIC!ragreeitis~eoustobothpart install the waterline at the time of this road ixpmvemmt.
W, -, it is agreed between the parties:
1. DISIRIm agrees to review the design of the project, includi~ effects on existbq waterlines, and the lbew waterline inpmvements, ~CJ the presswe-rducirq station and -, for capliance with DE stanlards, arrd formxd its cements to the CITY or the CITY'S consultarrt is - that the CITY'S consultarrt, €bunteny ti Associates, IIIC., design the project, waterline, pressure-reauCi~~~ station ard appxte~ uxkr contract with CITY, in accorQnce with DISTRICT'S &andax& specifications for water facilities.
2. QTI will am?d a amstrwtion contract for road iupmvemnts
as PALCMAR AIRFOKT lUYUl, - No. 3151; said contract shall inclu3 ocazstruction of DI&UCI?S 16" waterline, pressure reducing statim w all EIS StbCkJn okl Drawing Nimker 283-7.
3. DIslRIcT will vide to CITY, at no cost, shop drawirq renria apmval, cm&mction inqection and testing for the project, water pressmezxducing station, ard -. CITY, actirrg as project ma
for the total project, will be respollsible for all ammamication bet wee^
DISTRICT and the CITY'S wnstmction contractor and subcontractors cmnce
the pipeline project.
4. DIslTucT will rehdmse CITY the sum of $3,800 which represenb of the cost of its design servioes for the waterline axd will reimburse
25% of the cost of the cm&mction as contained in SAedule I1 m 3151 (pal- Airport m). DIST€UCl"S share of amstmction Cost is estimated to be $155,800; the actual re- am
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will be based ~1 the awarded bid prices as nrodified by q appruved
o-, pnavided that DmCX shall not be required pay t0 for or acce not ccplforming to D~CJ? standards and specifications. - dedica~ waterline, pmBure-mduciIq statim and -, aril eas€mnt th ta DIsIRIcp. !b DIslRIcp shall first abbin a right-of-way permit f
CITY prior to uxmmiq any mhtemme work within the public right- Ihe DISTRICJ? will also reimhme the CITY for 25% of its rea
aclbmnltive services for the waterlh portion of its project. DIS share is curmntly estimted to be $7,800. The Q[Ty will make a;vailal
DISTKKY WieW the data and doarments used in determinirrJ the m reimauseato~cITY.
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5. D"IlUm shall I;oake progress payments to CITY as follms:
A. Within 30 days after the award of contract by the City CC
District &all pay $3,800 for design services and a i depceit towaxl amstm&ion and aduum&m tion costs. ..
B. Within 120 days after the award of contract, DISTRICT SIX an additicmal deposit of $80,000 toward cm&mctic mtim CQSts. ..
C. Within 30 days after the Notice of Cmpletion DISTRICT sha
the full mxmt due less fm3s praricusly paid.
6. DIslRIcll shall mt be held liable or responsible to CITY cmtmctoxs, dxmtracbrs or consultants, for any tfefect, error or aan in the design or irrspection of the waterline improv-ts, includir presure-reducing station and -, unless the error, cmissj defect is a airect result of the negligeme of JXSIKCCT..
7. CITY shll nut be held liable or responsible to DISTRICT fc defect, error or anision in the design or inspection of the wab imprclvements, including the pressurere2tuc~ station an3 appurtenances, 1
W mr, anision or defect is a direct result of negligence of CITY.
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8. AttorneV's Fees. In the event of any claim, dkpte or ark- out of the terms and conditions of this agreement, the prevailh
shall be errtitled to reaSOnable attorney's fees.
IN wlm4ESS WHERMIF, the parties have executed this agreement b officers therein dully authorized as of the date and year first written
CI'IY OF CARISBAD
A!mEsT:
BY: AT%IHA L. -, city cle&
(seal)
COSI!A REAL MUNICIPAL WATER DISTR
BY:
APPRcmD As To mm:
STATE OF CALIFORNIA
ss.
! COUNTY OF SAN DIEGO I On this 4% day of hy , 19 E$ , before me
insert name and quality of the officer), personally aPPf m?-q?mY- z AJms , personally known to m3
I proved to me on the basis of satisfactory'evidence) to bc
person whose name is subscribed to this instrument,
acknowledged that he (she or they) executed it.
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(signature of notary)