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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. -2- 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-.. -.-,. -· --·•--·~-·-.. ---·--·• -·-" ·• .•. ·-·-----•··---"-··-> •· _.., •• _ •··---·~ •· -~···-·....,_-' •"--•-· ........ ---#•.•-· ~--· ._ __ -.--... --·· -3- 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. ... t \ '. ~·"' \ -4- 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 i ; . . . I . , ' ' ; /\~. . . orJ . i pJlL ..... . ; . ' ' i : I • • I . . . .... . . . .. . . ' . ·; . ~ • i . . . i _, .?, a.' . •~fir-k \..· . ' .. .. I : • . ··• . .' ( 5_41/ pC