HomeMy WebLinkAboutCity of Vista; 2026-03-26;00091049 2
PROJECT AGREEMENT
Attachment A
BETWEEN THE CITY OF VISTA AND THE CITY OF CARLSBAD FOR THE PRELIMINARY DESIGN OF THE VISTA/CARLSBAD INTERCEPTOR SEWER REACH VC3 AND BUENA VISTA PUMP STATION
THIS PROJECT AGREEMENT for Preliminary Design Services for the Vista/Carlsbad Interceptor Sewer Reach VC3 and Buena Vista Pump Station (“Agreement”), is made and entered into as of , by and between the City of Vista, a chartered municipal corporation (“Vista”), and the City of Carlsbad, a chartered municipal corporation (“Carlsbad”). Vista and Carlsbad may be referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
A.On February 26, 2002, the Parties entered into an agreement for the ownership,operation, and maintenance of the Vista/Carlsbad Interceptor Sewer, which includes the Buena Vista Pump Station (the “Station”) and Pipeline Reach VC3 (the “Pipeline”).
B.On June 11, 2013, the Parties entered into an amended and restated agreement
for the ownership, operation, and maintenance of the Vista/Carlsbad Interceptor Sewer (“Ownership Agreement”).
C.On May 20, 2014, the Parties entered into the First Amendment to the OwnershipAgreement to extend the term to December 31, 2042.
D.The Station is located at 2140 Jefferson Street in Carlsbad and is a componentof the Vista/Carlsbad Interceptor Sewer and is depicted as “Buena Vista Lift Station” on Exhibit
“A-1” of the Ownership Agreement.
E.The Station, originally built in the early 1960’s and rebuilt in 1994, requiresadditional capacity to convey projected sewage flows for the Parties and is reaching the end of its useful life.
F.The Pipeline is located directly upstream of the Station and includes variousgravity segments extending to M.H. No. 12 (according to City of Vista Drawing No. 1981, As-Built 2/27/87), as depicted on Exhibit “A-1” of the Ownership Agreement.
G.The Pipeline requires additional capacity to convey the projected sewage flowsfor the Parties and needs to be replaced because it is reaching the end of its useful life.
H.As shown on Exhibit “B” of the Ownership Agreement, Vista and Carlsbad’scapacity rights to the Station and Pipeline are as follows:
Vista Carlsbad VC3 (Pipeline) 89.6% 10.4% Buena Vista Pump Station 89.6% 10.4%
I.In accordance with Section 6.1 of the Ownership Agreement, the Parties agree toenter into this Agreement for the preparation of the Preliminary Design Report, and to establish
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Project Agreement Preliminary Design of the V/C Interceptor Sewer Reach VC3 and Buena Vista Pump Station
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the roles and responsibilities of each Party during the engineering planning phase and define the cost share, accounting procedures, and payment schedule for the Parties.
J.The Parties intend to execute one or more subsequent project agreements priorto soliciting final design and construction services.
NOW, THEREFORE, The Parties agree as follows:
Section 1. Project Description
The Project consists of a Preliminary Design Report to be prepared by a consultant with expertise in the planning and design of sewer pump stations and pipelines (the “Consultant”). The study will evaluate whether to rehabilitate or replace the Station in its present location or an
alternate location; evaluate the alignment for the Pipeline replacement, identify improvements to increase the Station and the Pipeline capacity, provide odor control, and improve reliability; determine the required environmental documents and permits; estimate potential costs; and
recommend project delivery methods.
Section 2. Joint Responsibilities of the Parties
A.Each Party shall designate an Owner’s Representative for the Project who shallserve as the point of contact for all communications for the Project.
B.Neither Party shall charge the other for staff services.
C.The Parties shall agree on the procurement documents, recommend theConsultant, and jointly negotiate the scope of work and contract price with the Consultant.
Section 3. Responsibilities of Carlsbad
A.Carlsbad shall be the Lead Agency for the Project.
B.As Lead Agency for the Project, Carlsbad will be responsible for solicitation,
contracting, administration, and fiscal management for the Project. Carlsbad shall have sole authority to award contracts for the Project except as provided in Section 2.C of this Project Agreement. Carlsbad’s purchasing policies shall apply to the implementation and performance
of the professional services agreements for the Consultant.
C.Carlsbad shall notify Vista of milestone review meetings, submittals, and anysignificant Project developments.
D.Carlsbad shall invoice Vista monthly for completed work.
Section 4. Responsibilities of Vista
A.Vista shall attend milestone review meetings and provide written commentsand/or final acceptance on the consultant’s deliverables to Carlsbad.
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B.Vista shall make monthly progress payments for completed work within thirty (30)days of receipt of invoice from Carlsbad.
Section 5. Allocation of Costs
A.Allocation of Project costs are defined in the Ownership Agreement and are asfollows:
Vista: 89.6% Carlsbad: 10.4%
B.The Project budget is $909,123.00, which shall not be exceeded without the
consent of the Parties via a written amendment to this Project Agreement.
Section 6. Cost Accounting
Carlsbad shall be responsible for the administration and accounting of all expenditures related to the Project. Vista shall pay its allocated portion, per Section 5, of actual Project costs incurred, which are shown on valid invoices prepared by the Consultant
Section 7. Counterparts
This Project Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument.
Section 8. Entire Agreement
This Agreement, together with any other written document referred to, embodies the entire agreement and understanding between the Parties relating to the subject matter hereof. In case of conflict between this Agreement and the Ownership Agreement, the terms of the Ownership Agreement shall prevail.
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IN WITNESS WHEREOF, each Party has approved this Agreement pursuant to a resolution duly passed and adopted by its respective governing body and caused it to be executed and be effective as of the date first above written.
CITY OF VISTA, a chartered municipal corporation
By: JOHN FRANKLIN, Mayor
ATTEST: KATHY VALDEZ, City Clerk
By:
CITY OF CARLSBAD, a chartered municipal corporation
By: KEITH BLACKBURN, Mayor
ATTEST: SHERRY FREISINGER, City Clerk
By:
APPROVED AS TO FORM:
WALTER C. CHUNG, City Attorney
By:
APPROVED AS TO FORM:
CINDIE K. MCMAHON, City Attorney
By:
RISK MANAGEMENT REVIEW: ANALISA HOLBROOK, Risk Manager
By:
APPROVED Amanda L. Guy 20260303161142
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