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Home My WebLink About1996-04-02; City Council; 13580; APPROVAL OF AN AGREEMENT WITH LEUCADIA COUNTY WATER DISTRICT TO INSTALL SEWER LINE WITHIN THE LA COSTA AVENUE AND I-5 BRIDGE, PROJECT NO. 3219- J RECOMMENDED ACTION: Adopt Resolution No. $b - /O 7 approving an agreement with the Leucadia County 1 District (LCWD) for the installation of sewer line within the La Costa Avenue and 1-5 P Project No. 3219. ITEM EXPLANATION: The La Costa Avenue and 1-5 interchange project has been advertised by Cakrans e be under construction by the end of June 1996. During the design phase, Le County Water District (LCWD) requested and paid for the inclusion of two sewei within the bridge for their future use. LCWD also agreed to pay for the constructio of the sewer mains upon the award of contract by Caltrans. The attached agrc commits the District to payment for construction of these lines. FISCAL IMPACT The Engineer’s Estimate for the construction of the sewer line is $356,000. LC deposit funds with the City for the construction and administration costs within 30 the receipt of invoice from the City and prior to the start of construction. Constn the Sewer line will be at no cost to the City of Carlsbad. 1. Location map. 2. Resolution No. Yh c io? approving an agreement with the Leucadia Coui District for the installation of sewer line within the La Costa Avenue and I- Project No. 3219. Reimbursement Agreement for the installation of a sewerline in the bri Interstate 5 at La Costa Avenue. 3. a d 0 2 3 8 PROJECT NAME PROJECT NUMBER LA COSTA/l-5 OVERPASS 3219 E 2 T 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 2Q 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 96-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAC CALIFORNIA, APPROVING AN AGREEMENT WITH LEUCADIA COUNTY WATEI DISTRICT FOR THE INSTALLATION OF SEWER MAINS WITHIN THE LA COST, AVENUE AND 1-5 BRIDGE, PROJECT NO. 3219. WHEREAS, the City Council of the Crty of Carlsbad, California, hereby finds it nc desirable, and in the public interest to construct the h Casta Avenue and 1-5 lntercha WHEREAS, an agreement with Leucadia County Water District (LCWD) to install 1 mains within the bridge has been prepared and submitted hereto; and WHEREAS, City will install LCWD's sewer mains within the bridge; and WHEREAS, LCWD agrees to pay the City for the construction of its sewer ma NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is hereby authorized and directed to execute said agreemer as Exhibit 3. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Y I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 l6 18 19 20 21 22 23 24 25 26 27 28 0 0 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to a copy of the executed agreement to Leucadia County Water District, Attention: Mr. Bardin, Assistant General Manager, P.O. Box 232397, Leucadia, CA 92023-2397 and 2 the Engineering Department. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit heldonthe 2nd day of APRIL , 1996 by the following vote, to wii AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: 1 &i?A!EN%* ] (SEAL) i * 0 0 .I I 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 ,19= by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to a "CITY", and LEUCADIA COUNTY WATER DISTRICT, hereinafter called "DISTRICT", in view ( the following purposes: A. CITY intends to contract for the construction of a Bridge over Interstate 5 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 t 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 co to CITY for the construction of the sewerline to be constructed in the Bridge over Interstate 5 at L Costa Avenue. 2. Upon receipt of bids for the project, CITY shall submit a cost estimate an invoice for the installation of the sewerline to the DISTRICT. 3. DISTRICT shall deposit funds in the amount of the CITY'S cost estimate I the CITY within 30 days of the receipt of the invoice. 4. After completion of the project, CITY shall compute the actual costs to insta the sewerline. If the costs are higher than the funds deposited by the DISTRICT, the DlSTRlC will reimburse CITY within thirty (30) days of receipt of an invoice. If the costs of the sewerline ar lower, the CITY will reimburse the DISTRICT for the remaining balance of funds on deposit withi thirty (30) days of the final invoice. 5. DISTRICT agrees to indemnify and hold harmless the City of Carlsbad an1 its officers, officials, employees and volunteers from and against all claims, damages, losses ant expenses including attorney fees, arising out of the installation of the sewer line described herei 1 e e $ caused in whole or in part by an negligent act or omission of the City or City's contractor, ar subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts ar of them may be liable, except where caused by the active negligence, sole negligence, or willf misconduct of the City of Carlsbad. DISTRICT shall, at its own expense, upon written request t the City, defend any such suit or action brought against the City, its officers, officials, employe€ and volunteers. 6. DISTRICT shall obtain and maintain comprehensive General Liabili Insurance with coverage of not less than $1,000,000 combined single-limit per occurrence fc bodily injury, personal injury and property damage, against claims for injuries to,persons or damas to property which may arise out of or in connection with performance of the work hereunder by tt City's contractor, its agents, representatives, employees or subcontractors. The City shall t named as an additional insured. If the submitted policies contain aggregate limits, gener aggregate limits shall apply separately to the work under this contract or the general aggrega shall be twice the required per occurrence limit. Said insurance shall be obtained from i insurance carrier admitted and authorized to do business in the State of California. The insuranc carrier is required to have a current Best's Key Rating of not less than "A-V" and sh, meet tt- City's policy for insurance as stated in Resolution No. 91-403. 7. This agreement shall inure to the benefit of, and the obligations create hereby shall be binding upon, the successors and assigns of the parties hereto. 8. The invalidity or illegality of any provision of this agreement shall not t deemed to affect the validity or legality of any other provision of this agreement. 9. This agreement and any amendments hereto shall be governed by ar construed and enforced in accordance with the laws of the State of California. 2 0 m i 10. This agreement sets forth the entire agreement and understanding of the parties with respect to the transactions contemplated hereby, and supersedes all prior agreements, arrangements, and understandings relating to the subject matter hereof. 11. This agreement may be amended, modified, superseded or canceled, anc any of the terms, covenants or conditions hereof may be waived, only by a written instrumen, executed by the parties hereto or in case of a waiver, by the party waiving complianceo 12. If any action at law or in equity is necessary to enforce or interpret the term$ of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, an( 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 certif: that they have the authority and approval to do so. LEUCADIA COUNTY WATER DISTRICT v I- v " 'MayoY 7 (print namehitle) ATTEST: By: (sign he re) ALETHA L. RAUTENKRANZ City Clerk '1 1 (print nameltitle) (Proper notarial acknowledgment of execution by District must be attached.) APPROVED AS TO FORM: City torne Ro3- BY BeptdyCity Attorney ~f. 3 .96. i 3 e I ALL-PURPOSE ACKNOWLEDGMENT personally appeared AlTORNEY-IN-FACT 0 TRUSTEE(S) GUARDIAN/CONSER the same in his/he&kw= ' authorized acted, executed the instrument. Witness my hand and official seal. MUST BE ATACHED TO THE DOCUMENT DESCRIBED AT RIGHT: 0 1991 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave * P 0 Box 71 84 * Can0