The URL can be used to link to this page

Home My WebLink AboutLeucadia County Water District; 1997-10-24;REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF LEUCADIA COUNTY WATER DISTRICT’S 24” SEWER MAIN ON LA COSTA AVENUE THIS AGREEMENT is entered into between the CITY OF CARLSBAD, corporation (“City”) and the LEUCADIA COUNTY WATER DISTRICT a county water district ,on October 24 , 1997. RECITALS a municipal (“LCWD”), WHEREAS, City intends to proceed with a project for construction of its La Costa Avenue Widening Project (the “City’s Project”); and WHEREAS, LCWD desires to install a new sewer force main in La Costa Avenue as part of City’s project, said force main running from Interstate 5 to 300 feet west of El Camino Real (the “LCWD Work”); and WHEREAS, the City and LCWD desire that LCWD Work in La Costa Avenue be bid and constructed at the same time, and as part of, the City Project to minimize delay and construction related disruption to the public and to reduce cost; and WHEREAS, LCWD Work to be included in the City’s bid package for La Costa Avenue Widening, Project No. 3215, Drawing No. 308-5; and WHEREAS, the City and LCWD desire to enter into this Agreement to carry out their mutual desires and objectives. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Recitals The foregoing recitals are true and correct. - 2. LCWD Work to be Included as Separate Bid Item in the Biddina Packaae for the Citv’s Proiect Provided that LCWD has furnished to the City the plans and specifications for LCWD Work, the City shall include LCWD Work as a separate bid item in the bid package for construction of the City’s Project. If LCWD’s authorized representative disapproves the bid package, the City shall not include the separate bid item for LCWD Work. The bid package shall include a statement that any and all bids for the separate bid item for LCWD Work may be rejected. 3. Chanae Orders as to LCWD’s Work No change may be made in LCWD’s Work except by change order approved in writing by the City. If a change order is required for LCWD Work because of changes approved by the City for the City’s Project, the City shall be responsible for any increase in the construction costs of LCWD’s Work attributable to the change order. If a change order is required for the City’s Project because of changes approved by LCWD for LCWD’s Work, LCWD shall be responsible for any increase in the construction costs of the City’s Project attributable to the change order. 4. Hold Harmless Aareement LCWD shall indemnify, defend, and hold harmless the City from and against any and all claims, demands, lawsuits, or other proceedings relating to LCWD’s Work upon completion and final acceptance thereof, including but not limited to claims for personal injury and death and property damage, and including claims for negligence, active and passive, omissions, and intentional conduct to the extent permitted by law. The City shall indemnify, defend, and hold harmless LCWD from and against any and all claims, demands, lawsuits, or other proceedings relating to the City’s Project, including but not limited to claims for personal injury and death and property damage, and including claims for 2 negligence, active and passive, omissions, and intentional conduct to the extent permitted by law, except as to any claims, demands, lawsuits or other proceedings involving or arising out of, directly or indirectly, the LCWD Work. 5. Assianment of Warranties The City hereby assigns to LCWD any and all warranties and/or guarantees that it receives from contractors, subcontractors, and other suppliers or persons with respect to LCWD Work. It is the intent of the City and LCWD that LCWD be able to directly enforce any and all such warranties and/or guarantees relating to LCWD Work. Should LCWD determine that any action or claim be necessary against any third party relating to LCWD’s Work, the City agrees to cooperate with LCWD to the extent reasonably necessary in the prosecution of such action or claim. 6. LCWD To Deoosit Funds with the Citv for Construction Costs of Sewerline The construction cost for the La Costa Avenue Widening is estimated at $3500,000. The construction cost for LCWD ‘s sewerline is estimated at $1,750,000. Based on the above estimate, the percentage of the costs will be proportioned at LCWD 33.4% and City 66.6% of the shared costs. Prior to award of the contract, LCWD shall deposit funds with the City in a separate interest bearing account and earn interest equal to the rate earned by the City’s investment portfolio and no less than the rate earned by the Local Agency Investment Fund (LAIF) (interest accruing to LCWD in said account) as payment for the following costs: a. The total bid amount for Leucadia sewerline schedule “B” to be determined later. b. LCWD ‘s share of common costs are as follows: 7. 33.3% of the mobilization costs ($150,000 x 33.3%) $50,100 Construction schedule costs (40,000 x 33.4%) $13,360 Traffic control costs (33.4% of bid schedule “A” + “B”) To be determined later Field office costs (33.4% of bid schedule “A” + ‘II”) To be determined later Inspection costs (Estimated 15% of schedule “B”) To be determined later Contract administration (Estimated 10% of schedule “B”) To be determined later Contingencies (Estimated 15% of schedule “B”) To be determined later Disoute Resolution In the event that any dispute arises under this Agreement, the parties shall meet and confer informally in an attempt to resolve the dispute within seven (7) calendar days of the occurrence of the matter leading to the dispute. If the parties are unable to resolve the dispute within thirty (30) days of the occurrence, either party may pursue its other remedies available at law or in equity. Should the dispute involve reimbursement to the City of LCWD’s’ Share of Cost, LCWD shall pay any billing received within the 30 days specified above, but may do so under protest reserving any and all rights to dispute the matter in court or otherwise and without waiving its right to receive a refund if its protest is ultimately sustained. 8. Entire Aqreement This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and expressly supersedes and replaces any prior agreement, written or oral, except as expressly herein provided otherwise. 9. Amendment This Agreement may be amended at any time by an agreement in writing and signed by authorized representatives of the parties. h 10. Warrantv of Authoritv The individual executing this Agreement represent and warrant that they are fully authorized and empowered to execute this Agreement on behalf of their respective Entities and to bind the same hereto. This representation and warranty includes the representation and warranty that any and all necessary Council and Board actions, resolutions, or the like have been adopted to authorize the execution of this Agreement. 11. Cautions The caption headings in this Agreement are for convenience only and shall not be used to construe or interpret the provisions of this Agreement. 12. Controllina Law: Venue This Agreement is made with reference to and shall be interpreted under the laws of California. In the event of any litigation, mediation, arbitration, or other dispute resolution process, the parties agree that venue shall be in S LEUCADIA COUNTY WATER DISTRICT Bya <j&p&- Timothy C. Jochem, General Manager " (print name/title) ATTEST: By: (sign here) (print name/title) (Proper notarial acknowledgment of execution by District must be attached.) APPROVED AS TO FORM: RONALD R. BALL . , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT coL!F . State of I- mt\c, County of On SQP+* 17 ? /q?T Data before me,% personally appeared I Mt~+l~q C. Name(s) of Signer(s) known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. -T&.AQ$>- Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Lh - Document Date: Number of Pages: -3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Signer’s Name: Cl Individual Cl Corporate Officer Title(s): 0 Individual 0 Corporate Officer Title(s): 0 Partner - q Limited q General 0 Attorney-in-Fact [7 Trustee 0 Guardian or Conservator 0 Other: EE!iE%m Too of thumb here I 0 Partner - 0 Limited q General 0 Attorney-in-Fact I7 Trustee C Guardian or Conservator [7 Other: Signer Is Representing: Signer Is Representing: Top of thumb here 8 1995 National Notary Association l 6236 Remmat Ave., P.O. Box 7164 l Canoga Park, CA 91309.7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6827 October 28, 1997 Mr. Michael Bardin Assistant General Manager Leucadia County WaterDistrict P. 0. Box 232397 Leucadia, CA 92023-2397 Re: Agreement for the Construction of Leucadia County Water District’s 24” Sewer Main on La Costa Avenue The Carlsbad City Council, at its meeting of October 21, 1997, adopted Resolution No. 97-646, approving a Reimbursement Agreement with the Leucadia County Water District for the construction of Leucadia County Water District’s 24” sewer main on La Costa Avenue. Enclosed please find a fully signed original agreement and a copy of Resolution No. 97-646 for your files. * . . Assistant City Clerk Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808 @