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Home My WebLink About1997-10-21; City Council; 14391; APPROVAL OF AN AGREEMENT WITH LEUCADIA COUNTY WATER DISTRICT TO INSTALL A SEWER LINE WITHIN LA COSTA AVENUE PROJECT NO. 3215AB# /T3 'i / TITLE: APPROVAL OF AN AGREEMENT WITH MTG. 1 012 1 I97 DEPT. ENG LEUCADIA COUNTY WATER DISTRICT TO INSTALL A SEWER LINE WITHIN LA COSTA AVENUE PROJECT NO. 3215 DEPT.\R D . z CITY ATTY. 4 CITY MGR. 4 h 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 * RESOLUTION NO. 97-646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH LEUCADIA COUNTY WATER DISTRICT FOR THE INSTALLATION OF A SEWER MAIN WITHIN LA COSTA AVENUE, PROJECT NO. 3215 WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it nea desirable, and in the public interest to construct the La Costa Avenue improvements; and WHEREAS, an agreement with Leucadia County Water District (LCWD) to insi sewer main within La Costa Avenue has been prepared and submitted hereto; and WHEREAS City will install LCWD’s sewer main within La Costa Avenue; and WHEREAS, LCWD agrees to pay the City for the construction of its sewer main; ar WHEREAS, LCWD agrees to open an escrow account to pay for the sewer line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ci California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is hereby authorized and directed to execute said agri attached as Exhibit 3. Ill Ill Ill Ill 111 Ill 111 Ill Ill Ill !/I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 3. The Finance Director is hereby authorized to open a separate interest be: account and deposit all funds received from LCWD in this account, to be used for construction of LCWD’ s sewer main in La Costa Avenue. 4. The City Clerk of the City of Carlsbad is hereby authorized and directed to forw; copy of the executed agreement to Leucadia County Water District, Attention: Mr. Mi( Bardin, Assistant General Manager, P.O. Box 232397, Leucadia, CA 92023-2397 and a co the Engineering Department. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City CG held on the 21st day of October , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: J ALETHA L. RAUTENK (SEAL) BA TIQU/TOS LAGOON PROJECT NAME 0 e 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, a municil corporation (“City”) and the LEUCADIA COUNTY WATER DISTRICT (“LCWD a chunty water district ,on OCTOBER 24 , 1997. RECITALS WHEREAS, City intends to proceed with a project for construction of its La Cos Avenue Widening Project (the “City’s Project”); and WHEREAS, LCWD desires to install a new sewer force main in La Costa Avenue ( part of City’s project, said force main running from Interstate 5 to 300 feet west of El Camii Real (the “LCWD Work“); and WHEREAS, the City and LCWD desire that LCWD Work in La Costa Avenue be bid ai constructed at the same time, and as part of, the City Project to minimize delay ai 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 Aveni Widening, Project No. 3215, Drawing No. 308-5; and .. WHEREAS, the City and LCWD desire to enter into this Agreement to carry out thc mutual desires and objectives. AGREEMENT NOW, THEREFORE, the parties agree as follows: I. Recitals The foregoing recitals are true and correct. 1 0 0 2. LCWD Work to be Included as SeParate Bid item in the Bidding Package for tk Citv’s Proiect Provided that LCWD has furnished to the City the plans and specifications for LCW Work, the City shall include LCWD Work as a separate bid item in the bid package f construction of the City’s Project. If LCWD’s authorized representative disapproves the b package, the City shall not include the separate bid item for LCWD Work. The bid packa: shall include a statement that any and all bids for the separate bid item for LCWD Work may I rejected. 3. No change may be made in LCWD’s Work except by change order approved in writii by the City. If a change order is required for LCWD Work because of changes approved by tl City for the City’s Project, the City shall be responsible for any increase in the constructic costs of LCWD’s Work attributable to the change order. if a change order is required for tl City’s Project because of changes approved by LCWD for LCWD’s Work, LCWD shall I responsible for any increase in the construction costs of the City’s Project attributable to tl change order. Change Orders as to LCWD’s Work ,. 4. Hold Harmless Aqreement LCWD shall indemnify, defend, and hold harmless the City from and against any and claims, demands, lawsuits, or other proceedings relating to LCWD’s Work upon completion ai final acceptance thereof, including but not limited to claims for personal injury and death ai property damage, and including claims for negligence, active and passive, omissions, ai intentional conduct to the extent permitted by law. The City shall indemnify, defend, and hold harmless LCWD from and against any and claims, demands, lawsuits, or other proceedings relating to the City’s Project, including but n limited to claims for personal injury and death and property damage, and including claims 1 2 0 0 negligence, active and passive, omissions, and intentional conduct to the extent permitted t law, except as to any claims, demands, lawsuits or other proceedings involving or arising out c directly or indirectly, the LCWD Work. 5. Assignment of Warranties The City hereby assigns to LCWD any and all warranties and/or guarantees that receives from contractors, subcontractors, and other suppliers or persons with respect LCWD Work. It is the intent of the City and LCWD that LCWD be able to directly enforce ai and all such warranties and/or guarantees relating to LCWD Work. Should LCWD determii that any action or claim be necessary against any third party relating to LCWD’s Work, the C agrees to cooperate with LCWD to the extent reasonably necessary in the prosecution of SU~ action or claim. 6. The construction cost for the La Costa Avenue Widening is estimated at $3,500,000. 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 LCVl LCWD To Deposit Funds with the Citv for Construction Costs of Sewerline 33.4% and City 66.6% of the shared costs. Prior to award of the contract, LCWD shail deposit funds with the City in a separs interest bearing account and earn interest equal to the rate earned by the City’s investme portfolio and no less than the rate earned by the Local Agency Investment Fund (LAIF) (inter€ accruing to LCWD in said account) as payment for the following costs: a. The total bid amount for Leucadia sewerline schedule “B” to 1 determined later. 3 e 9 b. 33.3% of the mobilization costs ($150,000 x 33.3%) $50,100 Construction schedule costs (40,000 x 33.4%) $1 3,360 Traffic control costs (33.4% of bid schedule “A” + “B”) To be determined later Field office costs (33.4% of bid schedule “A” + “B”) To be determined later Inspection costs (Estimated 15% of schedule “EY) 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 LCWD ‘s share of common costs are as follows: . 7. Dispute Resolution In the event that any dispute arises under this Agreement, the parties shall meet anc confer informally in an attempt to resolve the dispute within seven (7) calendar days of thf occurrence of the matter leading to the dispute. If the parties are unable to resolve the disputc within thirty (30) days of the occurrence, either party may pursue its other remedies available E law or in equity. Should the dispute involve reimbursement to the City of LCWD’s’ Share c Cost, LCWD shall pay any billing received within the 30 days specified above, but may do si under protest reserving any and all rights to dispute the matter in court or otherwise and withoL 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 th subject matter hereof and expressly supersedes and replaces any prior agreement, written c oral, except as expressly herein provided otherwise. 9. Amendment This Agreement may be amended at any time by an agreement in writing and signed t authorized representatives of the parties. 4 e e IO. Warrantv of Authority The individual executing this Agreement represent and warrant that they are ful authorized and empowered to execute this Agreement on behalf of their respective Entities ar to bind the same hereto. This representation and warranty includes the representation ar warranty that any and all necessary Council and Board actions, resolutions, or the like ha\ been adopted to authorize the execution of this Agreement. 11. CaDtions The caption headings in this Agreement are for convenience only and shall not be USC to construe or interpret the provisions of this Agreement. 12. Controllinq Law: Venue This Agreement is made with reference to and shall be interpreted under the laws California. In the event of any litigation, mediation, arbitration, or other dispute resolutic process, the parties agree that venue shall be in San Diego County. LEUCADIA COUNTY WATER DISTRICT Timothy C. Jochen, General Manager , . (print namehitle) By: ATTEST: (sign here) (print name/ti tle) (Proper notarial acknowledgment of execution by District must be attached.) APPROVED AS TO FORM: 5 e 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared I Name@) of Signer@) whose name@) 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@) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. canm.~JUn2.rn 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 Title or Type of Document. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ,I 0 Individual 0 Individual 0 Corporate Officer 0 Partner - 0 Limited 0 General 0 Corporate Officer 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact Title(s): 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: Reorder Call Toll-Free 8 1995 National Notary Association 8236 Remmet Ave PO Box 7184 * Canoga Park, CA 91309-7184 Prod No 5907