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Home My WebLink AboutA1946 - DWA DESERT WATER AGENCY AIRPORT JIMSAIR Desert Water Agency-to prov water & oper & maintain water main to Jimsair (AIP-01)(IDP) AGREEMENT #1946 (Orig 5-19-83) AGREEMENT Res 14616, 5-18-83 THIS AGREEMENT, made this ��/� day of jj i,, by and between the CITY OF PALM SPRINGS (hereinafter referred to as "Owner" ) , and DESERT WATER AGENCY, a public agency, (hereafter referred to as "Desert") . RECITATIONS 1. Owner desires to procure water services to Palm Springs Airport Addition in T4S, R5E, Section 18. 2. Desert agrees to provide domestic water service to said development upon certain terms and conditions which Owner has found to be acceptable. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein con- tained, and other good and valuable consideration, the parties agree as fol- lows: 1. Desert Agrees to provide domestic water service to the aforesaid Palm Springs Airport Addition in compliance with its applicable rules , regulations , ordinances and orders when, as and if Owner has complied with the terms and conditions contained herein. 2. Owner agrees to construct and convey the water facilities necessary for aforesaid Palm Springs Airport Addition in accordance with the following terms and conditions: A. Owner will cause the following water facilities to be constructed at its expense by a qualified licensed contractor approved in advance by Desert, and Owner will , at its expense, furnish all materials, labor and equipment actually necessary to construct the water facilities required: 3977.45 L.F. - 12" CML/CMC Steel Main 7 ea. - 6" Fire Hydrants 2 ea. - 10" x 12" Fire Services B. Said water facilities will be constructed and installed in full compli- ance with all applicable rules, regulations and ordinances of Desert including, but not, limited to, "Regulations Covering Domestic Water Service Plain Extensions." C. Specifications and construction plans for said facilities shall be submitted to and approved by Desert prior to the presentation thereof to contractors for bidding purposes and said facilities shall be constructed and installed in full compliance with said approved specifications and plans. D. Said installations shall be subject to the inspection, acceptance and approval by him to approve said job, and said installation shall not be tied to any existing pipelines of Desert, except for purpose of chlorination or test- ing, and no water service shall be provided until said inspection, acceptance and approval have been delivered to Owner, in writing. E. Owner will , on demand, pay the wages of an inspector, at the rate of $26.00 per hour for the actual time required, as determined by Desert, to inspect the construction of the water system. The inspector shall be appointed by and work under the supervision of Desert, and shall perform an inspection of construction until the water system is accepted and approved, as stated herein. F. Upon the request of Owner, Desert will furnish to the appropriate departments of the County of Riverside, California, or the Division of Real Estate or Division of Corporations of the State of California, a letter from Desert indicating that financial arrangements have been made for the con- struction of said water facilities for said development, and that Desert is willing to provide domestic water service thereto, provided that, at the time of such request: (1) Owner shall have complied with all of the provisions of this Agreement applicable as of that time, and (2) Owner shall have furnished to Desert such improvement security relating to said water facilities (cash deposit, surety bond, or - 2 - irrevocable instrument of credit) in favor of Desert, or the County of Riverside and Desert, as is now required to be furnished to the County of Riverside by appropriate County Ordinance pursuant to Section 66499 of the Government Code. G. Owner will provide easements and rights-of-way satisfactory to Desert for all lines and services installed in said development pursuant to the terms hereof, said easements to be sufficient for the service and maintenance there- of, or will obtain the necessary encroachment permits from appropriate public bodies in lieu of said easements. H. Owner will indemnify and hold harmless Desert from any and all claims for damages to property or injuries to persons arising by reason of or in any manner connected with said installation, such indemnification to include any attorney' s fees and court costs included in connection therewith. I. Upon completion of said construction of water facilities, and following the delivery to Desert of a recorded Notice of Completion, together with a title report or other evidence acceptable to Desert evidencing that said construction is complete, and that all labor and materials therefore have been fully paid for, and after all sums due to Desert hereunder have been paid in full , and as-built drawings of said water facilities have been delivered to Desert, Owner will convey the entire said system to Desert together with the easements or encroachment permits above described. All deeds, bills of sale, assignments or other appropriate instruments of transfer shall be prepared, executed and delivered in the form and manner prescribed or approved by Desert. J. (1) Owner hereby guarantees that all materials and workmanship fur- nished under this contract will meet fully all requirements of Desert as to quality of workmanship and of materials furnished by Owner. Owner hereby agrees to replace all materials and pay for all installation costs made neces- sary by defects in materials or workmanship supplied by Owner that become evident within one (1) year after the date of conveyance of the system to Desert, and pay for all work necessary to remove, restore and replace the - 3 - materials to full serviceability and to full compliance with the requirements provided by Desert pursuant to this Agreement, including the test requirements for any part of the materials furnished hereunder which, during said one-year period, are found to be deficient with respect to said requirements. Owner also agrees and does hereby hold Desert harmless from any claims of any kind which may arise from damage due to said defects. Owner shall replace all defective materials promptly, (Desert may secure the service of others to do this work) and Owner and its surety shall be liable to Desert for the cost including removal and replacement 'thereof. (2) The guarantees and agreements set forth in Subsection (1) hereof shall be secured by a surety bond which shall be delivered by Owner to Desert at or before the conveyance of said system to Desert. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to Desert in the amount of not less than $2,500.00 or 10%. Said bond shall remain in force for a period of one year from the date of written acceptance. (3) It is understood that all connections to existing water facilities will be made by Desert for the actual cost of material , labor and equipment charges necessary to complete said connections. (4) it is understood that all meters will be set by Desert at the time service is requested by each customer; said meters will be installed at the Agency' s then regular price for installing a meter only. Such cost will be paid by the customer requesting service. (5) In the event that either party shall fail to perform its part of this Agreement, and suit shall be commenced, or an attorney employed to enforce the provisions thereof, the party who fails to perform his part of the Agree- ment agrees to pay any and all costs involved therein, and to pay a reasonable attorney's fee. - 4 - (6) This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto, and each of them. (7) This Agreement contains all of the terms and conditions agreed upon by the parties hereto, and no other agreements , oral or otherwise, shall be deemed to exist or to bind the parties hereto unless hereafter duly placed in writing and executed by the undersigned. AT E CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City M anager REVIEWED & APPROVED �� U r DESERT WATER AGENCY Dy 7z"Z.' p P ,OV kD BY THE CITY �OU�NC,I By v ns' NO. - 5 -