HomeMy WebLinkAboutLeucadia County Water District; 1996-04-04;REIMBURSEMENT AGREEMENT FOR
THE INSTALLATION OF A SEWERLINE IN THE BRIDGE OVER
INTERSTATE 5 AT LA COSTA AVENUE
THIS AGREEMENT, made and entered into as of the 4th day of APRIL 11996 I
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as
“CITY”, and LEUCADIA COUNTY WATER DISTRICT, hereinafter called “DISTRICT”, in view of
the following purposes:
A. CITY intends to contract for the construction of a Bridge over Interstate 5 at
La Costa Avenue which includes the installation of a sewerline.
6. CITY is entitled to and the DISTRICT is agreeable to reimbursement of the cost to
construct the sewerline in the Bridge over Interstate 5 at La Costa Avenue.
IT IS, THEREFORE, AGREED:
1. DISTRICT will reimburse CITY for the total construction and inspection cost
to CITY for the construction of the sewerline to be constructed in the Bridge over Interstate 5 at La
Costa Avenue.
2. Upon receipt of bids for the project, CITY shall submit a cost estimate and
invoice for the installation of the sewerline to the DISTRICT _
3. DISTRICT shall deposit funds in the amount of the CITY’s cost estimate to
the CITY within 30 days of the receipt of the invoice.
4. After completion of the project, CITY shall compute the actual costs to install
the sewerline. If the costs are higher than the funds deposited by the DISTRICT, the DISTRICT
will reimburse CITY within thirty (30) days of receipt of an invoice. If the costs of the sewerline are
lower, the CITY will reimburse the DISTRICT for the remaining balance of funds on deposit within
thirty (30) days of the final invoice.
5. DISTRICT agrees to indemnify and hold harmless the City of Carlsbad and
its officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorney fees, arising out of the installation of the sewer line described herein
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caused in whole or in part by an negligent act or omission of the City or City’s contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any
of them may be liable, except where caused by the active negligence, sole negligence, or willful
misconduct of the City of Carlsbad. DISTRICT shall, at its own expense, upon written request by
the City, defend any such suit or action brought against the City, its officers, officials, employees
and volunteers.
6. DISTRICT shall obtain and maintain comprehensive General Liability
Insurance with coverage of not less than $l,OOO,OOO combined single-limit per occurrence for
bodily injury, personal injury and property damage, against claims for injuries to persons or damage
to property which may arise out of or in connection with performance of the work hereunder by the
City’s contractor, its agents, representatives, employees or subcontractors. The City shall be
named as an additional insured. If the submitted policies contain aggregate limits, general
aggregate limits shall apply separately to the work under this contract or the general aggregate
shall be twice the required per occurrence limit. Said insurance shall be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best’s Key Rating of not less than “A-V” and shall meet the
City’s policy for insurance as stated in Resolution No. 91-403.
7. This agreement shall inure to the benefit of, and the obligations created
hereby shall be binding upon, the successors and assigns of the parties hereto.
8. The invalidity or illegality of any provision of this agreement shall not be
deemed to affect the validity or legality of any other provision of this agreement.
9. This agreement and any amendments hereto shall be governed by and
construed and enforced in accordance with the laws of the State of California.
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. 10. This agreement sets forth the entire agreement and understanding of the
parties with respect to the transactions contemplated hereby, and supersedes all prior agreements,
arrangements, and understandings relating to the subject matter hereof.
11. This agreement may be amended, modified, superseded or canceled, and
any of the terms, covenants or conditions hereof may be waived, only by a written instrument
executed by the parties hereto or in case of a waiver, by the party waiving compliance.
12. If any action at law or in equity is necessary to enforce or interpret the terms
of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and
necessary disbursements in addition to any other relief to which he may be entitled.
13. The individuals who sign this agreement on behalf of the undersigned certify
that they have the authority and approval to do so.
LEUCADIA COUNTY WATER DISTRICT
(print name/title) ATTEST:
By:
(sign here) ALETHA L. RAUTENKRANZ
City Clerk
(print name/title)
(Proper notarial acknowledgment of execution by District must be attached.)
APPROVED AS TO FORM:
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personally appeared ,mc~*~ c. \
NAME(S) OF SIGNER(S)
Cl personally known to me - OR - to me on the basis of satisfactory evidence
to be the person(i)) whose name(b) is&%
subscribed to the within instrument and ac-
knowledged to me that he/she&@rexecuted
the same in his/w authorized
capacity(iesf: and that by his/he&h&r
_ m-LiI signature(
NANCY LOWER iI
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on the instrument the person@),
orthe enti y upon behalf of which the person@
WARY FlML6CAUFOA#u , acted, executed the instrument.
!Klrc . .Y^ Witness my hand and official seal.
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0 1991 NATtONAL NOTARY ASSOCIATION. 8236 Remmet Ave. . P.O. Box 7184. Canoga Park, CA 91
CAPACITY CLAIMED BY SIGNER
/J INDIVIDUAL(S)
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b-h TITLE@
0 PARTNER(S) V
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 SUBSCRIBING WITNESS
0 GUARDIAN/CONSERVATOR
q OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
ATTENTION NOTARY: Although the information requested below isbPTIONA&ould prevent fraudulent attachment of this certificate to unauthorized documen!.
THIS CERTIFICATE MUST BE Al-l-ACHED TO THE DOCUMENT DESCRIBED AT RIGHT:
April 16, 1996
Mr. Michael Bardin
Assistant General Manager
Leucadia County Water District
P. 0. Box 232397
Leucadia, CA 92023-2397
Re: Sewer Line Within the La Costa Avenue and I-5 Bridge
The Carlsbad City Council, at its meeting of April 2, 1996,
adopted Resolution No. 96-109, approving an agreement with the
Leucadia County Water District for the installation of sewer line within the La Costa Avenue and I-5 Bridge.
Enclosed please a copy of the agreement and a copy of Resolution No. 96-109 for your files.
City Clerk
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Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808
April 18, 1996
Mr. Michael Bardin
Assistant General Manager
Leucadia County Water District
1960 La Costa Avenue Carlsbad, CA 92009
Re: Sewer Line Within the La Costa Avenue and I-5 Bridge
The Carlsbad City Council, at its meeting of April 2, 1996,
adopted Resolution No. 96-109, approving an agreement with the
Leucadia County Water District for the installation of sewer line
within the La Costa Avenue and I-5 Bridge.
Enclosed please find an original agreement and a copy of
Resolution No. 96-109 for your files.
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Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-I 989 - (619) 434-2808 a9