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HomeMy WebLinkAboutLeucadia County Water District; 1995-07-19;AGREEMENT BETWEEN CITY OF CARLSBAD AND LEUCADIA COUNTY WATER DISTRICT FOR RELOCATION OF EXISTING SEWER LINES AND FACILITIES ALONG CARLSBAD BOULEVARD OVER BATIQUITOS LAGOON RECITALS WHEREAS, the City of Carlsbad, a California municipal corporation, hereinafter referred to as the ‘City,” is currently undertaking the Batiquitos Lagoon Enhancement Project, hereinafter referred to as the “Project;” and WHEREAS, said Project includes the future replacement of the City owned northbound Carlsbad Boulevard bridge over Batiquitos Lagoon; and WHEREAS, the Leucadia County Water District, a California Special Service District, hereinafter referred to as the “District,” currently owns, operates, and maintains certain sewer lines and facilities within City’s right-of-way and attached thereto to City’s bridge crossing Batiquitos Lagoon; and WHEREAS, the parties to this agreement desire to provide for the relocation of District’s sewer facilities both during and following City’s replacement of its bridge crossing Batiquitos Lagoon; and WHEREAS, the parties to this agreement hereby find it necessary, desirable, and in the public interest to approve this agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties do hereby agree as follows: 1. City shall complete, or cause to be completed, the design, environmental assessment and certification, acquisition of any and all public agency permits and approvals, construction, inspection, and testing required for the relocation of District’s sewer lines and facilities within City’s right-of-way crossing Batiquitos Lagoon as a component of the Project. 2. City shall consult with District during all phases of the work. City shall provide to District copies of all project drawings, specifications, studies, exhibits, reports, and other project documents requested by District with which to review the design drawings for this work. District shall review and approve, or cause to be reviewed and approved, the design drawings for the work, the approval of which shall not be unreasonably withheld. (1) 3. As a component of the Project, City shall provide for the temporary relocation of District’s sewer lines and facilities so that they remain in service at all times during the replacement of City’s bridge. District shall operate and maintain their sewer lines and facilities at all times during the temporary relocation. 4. City hereby grants to District the right and permission for District to install, operate, and maintain its aforementioned sewer lines and facilities within City right-of-way along Car&bad Boulevard crossing the new bridge to be constructed as a part of the Project. As a part of this agreement, City shall prepare appropriate easement documents, including legal descriptions and plats, more particularly describing the final location of District’s sewer lines and facilities. District shall review and approve said easement documents and shall execute said easement documents within thirty (30) days of approval. 5. Following the date of completion of the bridge replacement by City, which shall include the permanent relocation of District’s sewer lines and facilities therein, District shall assume all responsibility for future operation, maintenance, and repair of said sewer lines and facilities. For the purposes of this agreement, the date of completion shall be the date of formal acceptance of the bridge improvements by the City Council of the City of Carisbad. 6. City shall pay for all costs associated with the relocation of District’s sewer lines and facilities including all costs for design, environmental assessment and certification, permit acquisition and compliance, construction, inspection, and testing. 7. City shall reimburse District for its costs associated with administration, accounting, design review, and construction oversight of the work. District shall have the right to retain, at its sole election, outside consultants to assist District with any aspect of their review of the work for which said costs shall be reimbursed by City to District. The total, not-to-exceed cost of City’s reimbursement to District under this agreement shall be $27,329.37 and is more particularly described in attached Exhibit 1, incorporated by reference and made a part hereof. 6. City shall hold District, its officers, agents, employees, and authorized consultants not liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors, or omissions of City or City’s employees, agents, or representatives arising out of the performance of this agreement until one (1) year following the date of completion of the improvements as defined in Section 5 of this agreement. City agrees to defend, indemnify, and save free (2) h and harmless the District and its officers and employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any cost, expense or attorney’s fees which are incurred by District on account of any of the foregoing. 9. City, its officers, agents, employees, and consultants shall not be responsible nor liable for any acts or omissions by District’s officers, agents, employees, and consultants performed during the course of this agreement. 10. The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and affect unless amended or modified by the mutual consent of the parties. 11. This agreement shall be effective on and from the day and year when formally approved by both City and District. LEUCAD COUN WATER DISTRICT By:: , Date: 7 (?/% APPROVED AS TmRw Date: July 19, 1995 ATTEST: City Clerk APPROVED AS TO FORM: By: I. LCWD coat: . A staff B. Operational EXHIBIT I LEUCADtA COUNTY WATER DISTRICT FORCE MAIN REALIGNMENT PROJECT COST SUMMARY 1. Electrical Poww Subtotal Il. Consult8nt toe . A. Engineering - see Attlchlent 1. Design Review 2. Inspection 8. Leg81 1. Document Review Subtotal II. Contlngoncy Subtotal Total S9,429.37 $l,ooo.oo $10,429,37 $3,400.00 S8,OOO.W s5w.w $11,900.00 s5,ooo.oo s5,ooo.oo .e u?,329.37 -- August 1, 1995 Leucadia County Water District 1960 La Costa Avenue Carlsbad, CA 92009 Attention: General Manager Re: RELOCATION OF SEWER LINES - EAST CARLSBAD BOULEVARD BRIDGE The Carlsbad City Council, at its meeting of July 18, 1995, adopted Resolution No. 95-215, approving an agreement with the Leucadia County Water District regarding the relocation of sewer lines and related facilities required by the East Car&bad Boulevard bridge replacement. Enclosed is a copy of Resolution No. 95-215 and an original of the signed agreement for your records. ~.~g!$;,-: KRK:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 @