HomeMy WebLinkAboutK0303; City of Carlsbad; 2013-0373463; Encroachment AgreementDOCtt 20 3-G3734G3
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
JUN 13, 2013 3:42 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
8
ENCROACHMENT PERMIT
The City of Carlsbad, a municipal corporation ("City"), hereby issues this Encroachment Permit to the San
Diego County Water Authority, a county water authority ("Authority"), for purposes of establishing
reasonable rules for the Authority's use pursuant to section 5, paragraph (6) of the County Water Authority
Act (Cal. Water Code Appendix § 45-5) of portions of public right-of-way in Carlsbad, California, as more
particularly shown in Exhibit "A" attached hereto and incorporated by reference ("Public Right-of-Way") to
design, install, construct, maintain, alter, repair, restore and/or replace ground pipeline improvements
(collectively, the "Encroachment') within the City's Public Right-of-Way for the conveyance of water.
In consideration of the covenants contained in the Encroachment Permit, Authority and City agree, each for
itself, its heirs, successors, and assigns as follows:
1. Encroachment. Authority acknowledges and agrees that the Public Right-of-Way upon which it
desires to perform the Work described under the Encroachment Permit is owned and/or controlled by the
City, and further agrees that the performance of any such Work within the Public Right-of-Way will not
interfere in any way with any existing City or Carlsbad Municipal Water District (CMWD) facilities in the
Public Right-of-Way. For purposes of this Encroachment Permit, "City or CMWD facilities" include City or
utility street improvements and associated City and CMWD facilities in the Public Right-of Way. All Work
performed under this Encroachment Permit and any entry upon, over, under, along or across the Public
Right-of-Way shall be done under supervision of the Authority and its contractors in a good and skillful
manner and in compliance with this Encroachment Permit.
2. Approvals. Authority shall, at its sole cost and expense, obtain and maintain any
and all necessary certificates, permits and/or other approvals that may be required to perform such Work
and maintain such Encroachment within the Public Right-of-Way. As a Design Build project, Authority shall
submit plans to City for approval throughout the term of the Encroachment Permit. Pursuant to the FEIR
and MMRP, Authority shall not be permitted to commence work in any specific work area until: (i) all
required plans for work in an area have been submitted for approval in accordance with Paragraph 16 of
this Permit; and (ii) a traffic control plan for the area of work has been prepared and approved by the City
in accordance with Design Feature/Mitigation Measure No. TRAFFIC-2 (FEIR/MMRP) in the Second
Addendum to EIR.
3. Costs. Authority shall be responsible for all costs and expenses associated with the
design, construction, and installation of the Encroachment in the Public Right-of-Way. Authority shall also
be responsible for all costs of relocating or replacing a City or CMWD facility within the Public Right-of-Way
1
wiien the need for such relocation or replacement results from the construction of maintenance of the
Encroachment or when a failure of a City or CMWD facility is caused by the construction, maintenance or
existence of the Encroachment. Authority shall be responsible for reasonable inspection costs as shown on
Exhibit B associated with excavation, refilling of excavation, relaying of pavement and protection of public
safety for City and CMWD for a period of seventeen (17) months after the date of execution of this
agreement. Authority shall pay additional inspection costs for work performed outside of normal working
hours (Monday through Friday from 7AM to 5PM, holidays excepted) during the seventeen (17) month time
period or for any work beyond the seventeen (17) month period. If required by Carlsbad, Authority shall
also pay additional inspection costs should more than two (2) reaches be open at any time, or if two (2)
reaches are open for more than a ten (10) month period.
4. Inspection/Submission of Reports. Authority shall notify City upon completion of the Work and City
may require Authority to make any necessary corrections in compliance with the terms and conditions of
this Encroachment Permit. City shall have the right, but not the obligation, to inspect any Work performed
under this Encroachment Permit subject to the provisions of this Encroachment Permit, and to conduct any
tests it deems necessary to ensure compliance with the terms and conditions of this Encroachment Permit
and any applicable provisions of law. Authority shall submit a copy of any inspection report containing
information about the Encroachment to the City within fifteen (15) business days of its receipt of the same.
5. Dutv to Maintain. Authority shall, at its sole cost and expense and without any cost or expense to
City, maintain the Encroachment in good order and in a clean, secure, safe, and sanitary condition
satisfactory to City and in compliance with all applicable local, state and federal laws. Authority shall apply
for and obtain a right-of-way permit and submit a traffic control plan for the performance of any
Encroachment maintenance and/or repair Work that includes excavation prior to initiating the same.
Authority shall notify City and secure its permits at least 5 business days prior to performing any such
maintenance and/or repair Work that includes excavation, except in the case of an emergency, in which
case notice shall be provided as soon as is reasonably feasible.
6. Insurance. In connection with the issuance of this right of way permit issued under Section 2,
above, the City may impose reasonable requirements for the provision of insurance consistent with the
minimum insurance types and levels of coverage that the City requires of contractors retained by the City
for the performance of work of a similar nature. Coverage amounts will be adjusted upward to meet the
City's then-current insurance standards and requirements for the performance of any Encroachment
maintenance and/or repair Work that includes excavation in the Public Right-of-Way.
7. Endorsements. When the Authority is required to submit evidence of insurance pursuant to
Section 6, above, the Authority shall obtain endorsements or substantially similar documentation, which
includes the following provisions or requirements, the wording for which shall be to the satisfaction of the
City Attorney:
7.1 Additional Insured. "City of Carlsbad, and its elected and appointed boards including CMWD,
its officers, agents, and employees are additionally insured with respect to this Permit."
7.2 Preferred Forms. CG2010 11 85, CG 2037 1001, or the equivalent
7.3 Notice. "Said policy shall not terminate, nor shall it be canceled or reduced in coverage
without thirty (30) days' written notice to the City of Carlsbad."
7.4 Primarv Coverage. "The policy provides primary coverage to the City of Carlsbad and its
elected and appointed boards including CMWD, its officers, agents and employees. It is not
secondary or in any way subordinate to any other insurance or coverage maintained by the City of
Carlsbad."
7.5 Waiver of Subrogation. "We waive any right of recovery we may have against the City of
Carlsbad and CMWD and its elected and appointed boards, officers, agents and employees
2
because of payments we make for injury or damages arising out of our ongoing operations or our
work done under contract with the City of Carlsbad."
The requirements as to the types and limits of insurance coverage to be maintained by the Authority and/or
its contractors and subcontractors, as applicable, and any approval of such insurance by City, are not
intended to and shall not in any manner limit or qualify the liabilities and obligations othen/vise assumed by
the Authority and/or its contractors and subcontractors under any permit issued for any part of the Work
pursuant to this Encroachment Permit.
The Authority, with respect to itself, may meet the obligations for the provision of insurance through a
contract of coverage provided by a joint powers entity including, but not limited to, the Special District Risk
Management Authority. Evidence of such coverage shall be submitted to City upon its request.
8. Indemnification. Authority shall indemnify, defend, protect and hold harmless the City
and CMWD, and its directors, officers, employees, agents, contractors and representatives from and
against any and all actions, claims, demands, damages, losses, liability, costs and expenses arising from
the Authority's Work under this Encroachment Permit, including but not limited to, (i) any damages, liability
and/or claims of any kind for any injury to or death of any person, or for damage or injury of any kind to
property which may arise from or be related to the direct or indirect operations of Authority or its
contractors, subcontractors, agents, employees or other persons acting on Authority's behalf, (ii) any and
all damages, liability and/or claims of any kind arising from the operation of the Encroachment. The
Authority further agrees that the indemnification and hold harmless described herein shall include all
attorneys' fees and costs associated with the defense of City and CMWD by counsel selected by City. The
obligation to defend, indemnify and hold City and CMWD harmless shall survive the applicable statutes of
limitation.
9. Successors. This Encroachment Permit shall run with the Encroachment and inure to the benefit
and be binding on all future owners, encumbrances, successors in interest, heirs, personal
representatives, transferees, assignees, and any other parties having or acquiring any right, title or
interest in the described Encroachment or any part thereof and/or any appurtenant structures or facilities
necessary or desirable for the appropriate operation and maintenance of the Encroachment.
10. No Interest in Public Right-of-Wav Other than as Granted bv this Encroachment Permit. Whatever
rights and obligations were acquired by City with respect to the Public Right-of-Way shall remain and
continue in full force and effect and shall in no way be affected by City's issuance of this Encroachment
Permit.
11. Applicable Laws. This Encroachment Permit is subject to all applicable federal, state and local
laws, rules, ordinances and regulations.
12. Safetv Standards. Authority acknowledges and agrees that Authority and any other person
engaged in the performance of the Work authorized under this Encroachment Permit shall conform to all
due safety precautions for the protection of persons and property.
13. Storm Water Compliance. Authority shall have full responsibility to comply with all applicable storm
water regulations as reflected in the most recent City Storm Water Standards Manual guidelines and in
Regional Municipal Separate Storm Sewer System Storm Water NPDES Permit No. R9-2007-001, issued
by the San Diego Regional Water Quality Control Board. For repair and/or maintenance Work following
initial construction. Authority shall have full responsibility to comply with the then-current Regional
Municipal Separate Storm Sewer System Storm Water NPDES Permit.
14. Monitoring of Excavation. Any excavation in the Public Right-of-Way by Authority during the
performance of Work under this Encroachment Permit shall be monitored by Authority for any lateral
movement or other forms of trench failure.
15. Notification to USA. Authority shall notify Underground Service Alert (USA) at (800) 422-4133 at
least two (2) working days prior to the commencement of any Work described under this Encroachment
Permit.
16. Alternate Rights-of-Wav. Authority shall provide an alternate right-of-way and agrees to relocate an
existing City facility to a new alignment, all without any cost or expense whatsoever to City, whenever it is
determined by City that the Encroachment precludes the economical placement, replacement, or
maintenance of the City facility.
17. Review of Design-Build Documents bv Citv. Authority shall provide the below listed plans and
documents for review by City. City shall have twenty (20) calendar days to review and provide written
comments on the documents. Since time is of the essence for completing each phase of the design-build
work. City shall not unreasonably withhold or delay its review of the following: the pipeline alignment and
trench widths to determine impacts to surface streets, pipeline surface improvements (blow-offs, air
valves, man-ways, pull boxes for fiber optic, etc.) to determine impacts to City's Right-of-Way, discharge
of water from future blow-offs to determine impact to storm water system, pipeline design for the
connection to City's system, traffic plans, proposed improvements to the Cannon Road Bridge if needed,
restoration plans for streets/sidewalk/median/landscape impacts as a result of construction, impacts to
public utilities associated with installation of pipeline, project schedule to determine any impacts to
community, business, and City events, and storm water plans for compliance with state regulations
regarding water quality. If City does not comment within twenty (20) calendar days. Authority shall
consider the documents approved and proceed with the Work.
18. Relocation. Alteration or Removal. In the event City determines that an at-grade Encroachment in
the Public Right-of-Way needs to be altered or relocated due to a change of grade or installation,
expansion, or relocation of a City facility. Authority agrees to pay all costs and expenses related to the
processing, securing, constructing and maintaining the alteration and/or relocation of the Encroachment to
accommodate the City facility including, but not limited to, demolition and removal costs of any and all
improvements constructed thereon. After alteration or removal of the Encroachment, the Authority agrees
to restore the Public Right-of-Way to its equivalent condition prior to the date that the Encroachment was
first placed. The Authority shall alter or relocate the Encroachment within one hundred eighty (180) days
of receipt of written notice from City. If the Authority fails to alter, remove, relocate restore or othen/vise
comply with the direction of the City Engineer regarding the alteration or removal of the Encroachment,
City may cause the alteration or removal work to be done and the Authority will be billed and shall
reimburse City for all those costs incurred. The City agrees to the location of the 54-inch diameter water
conveyance pipeline described in the plans reviewed and approved by City for issuance of this
Encroachment Permit.
19. Damage to Public Right-of-Wav. Any damage caused to the Public Right-of-Way by reason of
exercise of this Encroachment Permit shall be repaired promptly by Authority to refill the excavation and
restore the Right-of-Way to City standards at Authority's sole cost and expense. Should the Authority fail
to promptly make repairs, City may make any and all necessary repairs or have such repairs made and
the Authority will be billed and shall reimburse City for all costs incurred.
20. Cancellation of Permit. The Public Works Director or City Engineer may cancel this Encroachment
Permit under any of the following circumstances: (i) if the Work authorized herein is not commenced
within twelve (12) months of issuance of this Encroachment Permit; (ii) if after issuance of this
Encroachment Permit, in the opinion of the City Engineer, the Work is not diligently prosecuted to
completion; and/or (iii) if the Authority uses the Public Right-of-Way for purposes other than the uses
permitted under this Encroachment Permit. Cancellation may be effected by giving written notice thereof,
and by sending the same to the Authority by way of First Class U.S. Mail to the address shown on the
application for this Encroachment Permit or such other address as the Authority or its heirs, successors,
or assigns may provide to City for such purposes.
21. Authoritv. The undersigned individuals executing this Encroachment Permit represent and warrant
that they are authorized to enter into and execute the same on behalf of such parties.
22. Headings. The headings in this Encroachment Permit are for convenience only and do not define
or limit the scope or interpretation of this document.
23. Counterparts/Recordation. This Encroachment Permit may be executed in any number of
counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute
one and the same document. Each party will execute this Encroachment Permit before a notary public or
other authorized party, and City may record this document at its discretion.
24. Governing Law. Venue. This Encroachment Permit shall be interpreted in accordance with the
laws of the State of California, and venue shall appropriately be had in the North San Diego County
Judicial District or the U.S. District Court for the Southern District of California, as appropriate.
CITY:
City of Carlsbad,
a municipal corporation of the State of California
Bv: ^^^^^^rut/i^
Comid C. HammarTn, Jr. {/
Public Works Director
ATTEST
APPROVED AS TO FORM:
Bv:r^^^^Jc<>(>c3^U^-^^.^
Celia A. Brewer, City Attorney
AUTHORITY
San Diego County Water Authority,
a county water authority
Deputy General Manager
CIW BOUNDARIES
PROJECT AUGNMENT
LOCATION MAP
NOT TO SCALE
PLAT FOR
ENCROACHMENT PERMIT
PROJECT #K0303
San Diego Counfy Wafer Auffiorify
NAME: CARLSBAD DESALINATION
CONVEYANCE PIPELINE
EXHIBIT A-1
PAGE 1 OF 2
OCEANSIDE
I \
VISTA
CARLSBAD
L
CITY BOUNDARIES
PROJECT ALIGNMENT
LOCATION MAP
NOT TO SCALE
4
PLAT FOR
ENCROACHMENT PERMIT
PROJECT #K0303
San Diego Counfy Wafer Auffiorify
NAME: CARLSBAD DESALINATION
CONVEYANCE PIPELINE
EXHIBIT A-2
PAGE 2 OF 2
City of Carlsbad Desalination Project Construction Inspection Estimate
^ Conveyance Pipeline Inspection Estimate
1 Rate/Hour Duration (Months) Oays/Month Hours/Day Subtotal
\l*re*Constttietlon
Construction Project Manager 100 6 20 4 S 48,000.00
PW Traffic Corttrol Engineer 130 6 20 2 $ 31,200.00
PW Inspection Admin Staff LS 6 20 LS s 10,000.00
PW Inspector 90 6 (packages) 1 10/package s 5,400.00
Subtotal 6 20 $ 94,600.00
IConstruetton WIth Two Concurrent Headings*
Construction Project Manager 100 10 20 8 s 160,000.00
PW inspector Utilities 90 10 20 2 $ 36,000.00
PW inspector Traffic 90 10 20 6 $ 108,000.00
PW Inspector Signals 90 10 20 1 $ 18,000.00
PW Inspector Signing and Striping 90 10 20 1 $ 18,000.00
PW Inspector l.andscape and Irrigation 90 10 20 1 $ 18,000.00
Senior PW Inspector 95 10 20 1 s 19,000.00
Administrative Support 15 10 20 LS $ 45,000.00
Subtotal 10 20 $ 422,000.00
^Construction estimates are based on a 10 month construction schedule with only two concurrent headings during normal working hours.
Construction WItii One Heading**
Construction Project Manager 100 7 20 8 $ 112,000.00
PW Inspector Utilities 90 7 20 1.25 $ 15,750.00
PW Inspector Traffic 90 7 20 4 s 50.400.00
PW Inspector Signals 90 7 20 0.67 s 8,442.00
PW Inspector Signing and Striping 90 7 20 0.67 s 8,442.00
PW Inspector Landscape and Irrigation 90 7 20 0.67 $ 8,442.00
Senior PW Inspector 95 7 20 0.67 s 8,911.00
PW Inspector traffic for concurrent tunneling operations 90 7 20 1 12,600.00
Administrative Support LS 7 20 LS s 20,000.00
Isubtotal 7 20 $ 244.987.00 |
**Construction estimates are based on a 7 month construction schedule with only one heading during normal working hours.
Complete im^ieetlwiMH^/AS'bulto I
Construction Project Manager 100 1 20 2 $ 4,000.00
PW Inspector Utilities 90 1 20 2 $ 3,600.00
PW Inspector Signing and Striping 90 1 20 2 $ 3,600.00
PW Inspector Traffic 90 1 20 2 $ 3,600.00
PW Inspector Landscape and Irrigation 90 1 20 2 $ 3,600.00
Subtotal 1 20 $ 18,400.00
Total $ 779,987.00
EXHIBIT B