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HomeMy WebLinkAbout1996-04-02; City Council; Resolution 96-109c c, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 '8 l9 2o 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 WATE 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 City of Carlsbad, California, hereby finds it ne desirable, and in the public interest to construct the La Costa Avenue and 1-5 lnterchar WHEREAS, an agreement with Leucadia County Water District (LCWD) to install tt 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 mair NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is hereby authorized and directed to execute said agreement E as Exhibit 3. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 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 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 a the Engineering Department. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City held on the 2nd day of APRIL , 1996 by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Nygaard, Kulchin, Finnila, Hall ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 1 (SEAL) 0 e REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF A SEWERLINE IN THE BRIDGE OVER INTERSTATE 5 AT LA COSTA AVENUE I THIS AGREEMENT, made and entered into as of the 4th day of APRIL ,I9 96 , 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. B. 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 iine described herein e 0 caused in whole or in part by an negligent act or omission of the City or City's contractor, an) subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts an! of them may be liable, except where caused by the active negligence, sole negligence, or willfL misconduct of the City of Carlsbad. DISTRICT shall, at its own expense, upon written request b) the City, defend any such suit or action brought against the City, its officers, officials, employee: and volunteers. 6. DISTRICT shall obtain and maintain comprehensive General Liabilit) Insurance with coverage of not less than $1,000,000 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, generat 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. 2 , e e IO. 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 By: <&*J? QJ- (sigere) / (print namehitie) ATTEST: By: ,I (sign here) ALETHA L. RAUTENKRANZ 1 City Clerk (print namehit le) (Proper notarial acknowledgment of execution by District must be attached.) APPROVED AS TO FORM: &!jj .~. ~ I 3 BY mity Attorney 9. 3 .96.