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HomeMy WebLinkAboutCity of Vista; 2011-10-13;AGREEMENT FOR PLANNING AND DESIGN PHASE SERVICES FOR THE AGUA HEDIONDA SEWER LIFT STATION AND VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES VC11B - VC15 THIS AGREEMENT for the Agua Hedionda Sewer Lift Station and Vista/Carlsbad Interceptor Sewer, Reaches VC11B - VC15 ("Agreement") is made and entered into as of the "" day of Cl&J-<)fjje^^f , 20 _ , by and between the City of Vista, a charter city ("Vista"), and the City of Carlsbad, a charter city ("Carlsbad"), collectively, ("the Parties"). RECITALS WHEREAS, on February 26, 2002, the Parties entered into an agreement for the ownership, operation and maintenance of the Vista/Carlsbad Interceptor Sewer ("Ownership Agreement"), the terms of which are incorporated herein by this reference; and WHEREAS, the existing Agua Hedionda Sewer Lift Station and Vista/Carlsbad Interceptor Sewer was built in the early 1960's and does not have adequate capacity to convey the sewage flows projected for this basin; and WHEREAS, the Sewer Master Plans for the Parties include a recommendation that pipeline reaches VC11B - VC15 of the Vista/Carlsbad Interceptor Sewer and Agua Hedionda Sewer Lift Station be replaced with larger pipelines and pumps, respectively, to increase the capacity necessary to convey future sewer flows; and WHEREAS, Carlsbad has completed a Preliminary Design Report dated September 2008, a copy of which has been provided to Vista, and has selected a consultant to prepare the final design for the replacement of the Agua Hedionda Sewer Lift Station and pipeline reaches VC1 IB - VC15 of the Vista/Carlsbad Interceptor Sewer; and WHEREAS, Carlsbad is in the process of obtaining environmental clearance through the California Environmental Quality Act (CEQA) process and plans, specifications and cost estimates for the Project have been prepared and are approximately 90% complete; and WHEREAS, the Parties are entering into this Agreement in order to establish the roles and responsibilities of each Party during the planning and design phase of the Project and to define the cost share, accounting procedures and payment schedule for the Parties. The phrase "Planning and Design Phase", as used throughout this Agreement, shall be considered to include all Project activities occurring prior to the Award of the construction contract; and WHEREAS, the Parties intend to execute a subsequent project agreement prior to soliciting bids for construction to address responsibilities and cost sharing for construction of the Project . 8/15/2011 ^ NOW THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING: SECTION!. PROJECT DESCRIPTION The Agua Hedionda Sewer Lift Station and Vista/Carlsbad Interceptor Sewer, Reaches VC1 IB - VC15 (the "Project") is a sewer project that will replace existing facilities to increase the capacity and improve the reliability within the lower portion of the Vista/Carlsbad Interceptor Sewer System. The Project begins at the north shore of the Agua Hedionda Lagoon and extends southerly a distance of approximately 2.3-miles to the Encina Water Pollution Control Facility, as shown on Exhibit "A". The major elements of the Project are defined in the September 2008 Preliminary Design Report and are summarized as follows: A. Replace the existing wood trestle sewer bridge across Agua Hedionda Lagoon with a new steel support bridge that will clear span the existing channel, being approximately 140-feet in length. The new sewer support bridge will be designed to allow lightweight maintenance vehicles to pass over the bridge to allow for access to the interceptor sewer north of the lagoon, which will allow for improved inspection and maintenance capabilities as well as improved emergency response. In addition, the Project will replace approximately 1400 linear feet of existing 42-inch diameter sewer pipe with a 54-inch diameter pipe. The Project will relocate a portion of an existing 12-inch diameter high pressure gas line that conflicts with the proposed northerly abutment of the new bridge. The existing wood trestle sewer support structure will be removed as part of the project. B. Construct a new sewer lift station at a location adjacent to the existing lift station on the south shore of Agua Hedionda Lagoon. The lift station will be capable of pumping the ultimate peak wet weather sewage flows for the basin, estimated at 33 million gallons per day (mgd) in the current master plans. In addition to the structure containing the pumps and motors, the lift station will also have standby pumps, an emergency generator, a grinder installed in a vault, an electrical control building and odor control facilities. The facility will be designed to comply with local and resource agency permit requirements, including the California Coastal Commission. The existing lift station facility will be removed at the completion of the project. C. Construct a new force main and gravity sewer that will operate in parallel to the existing 42-inch diameter gravity flow sewer, providing increased system reliability. The new force main will be approximately 4000 linear feet of 30-inch diameter pipe and will be manufactured from High Density Polyethylene (HOPE). The force main will discharge into a new 54-inch diameter gravity sewer that will be constructed in Avenida Encinas, being approximately 7000-feet in length, extending from Cannon Road to the Encina Water Pollution Control Facility. These pipelines will be installed using several different methods of construction, including open-trench excavation with shoring, horizontal directional drilling (HDD) and microtunneling. The existing interceptor has been inspected and found to be in good condition; however, the manholes were determined to need rehabilitation, and the rehabilitation work was performed separate from this project in 2009. -2- 8/15/2011 10 SECTION 2. RESPONSIBILITIES OF CARLSBAD Carlsbad shall be the Lead Agency for the Planning and Design Phase of the Project and will be responsible for studies, design, permitting, property acquisition, environmental compliance, bidding and administration of the project. As Lead Agency, Carlsbad shall have authority to approve contracts and agreements in accordance with this agreement, Carlsbad's policies and applicable law. Carlsbad's purchasing policies shall apply to implementation and performance of construction contracts, professional services agreements and any other activity under this agreement. Carlsbad shall provide Vista the opportunity to review and comment on any proposal for services that exceeds $30,000. Carlsbad shall have authority to acquire all necessary easements and permits required to construct and maintain the facility. At a minimum, easements for Project facilities will be acquired from the North County Transit District, Cabrillo Power (a.k.a., NRG Energy) and San Diego Gas & Electric. The City of Carlsbad and the City of Vista shall be named as Grantee on all easements acquired for the project. Carlsbad staff shall notify Vista of milestone design review meetings and submittals and shall keep Vista staff informed about any significant project developments, particularly those that may lead to amendments. SECTION 3. RESPONSIBILITIES OF VISTA Vista shall provide an engineering representative to attend milestone design review meetings and shall provide written comments to Carlsbad within 10-days of the meeting. Vista agrees to make payment to Carlsbad for completed work, as agreed to in Section 4 herein, within 30 days of the invoice date. Vista agrees to perform additional services, if any, at Vista's expense as necessary to comply with funding requirements as a result of Vista's selected method of financing the Project. Anticipated costs may be, but are not limited to, site investigations, permitting, environmental review and additional project administration / reporting. SECTION 4. ALLOCATION OF COSTS Allocation of Project costs between the Parties varies by reach as defined in the Ownership Agreement. Furthermore, an estimate of all Project costs is shown in Table 1 of Exhibit "B", which has been developed from plans that are considered to be approximately 90% complete. Vista acknowledges that Carlsbad has incurred significant expenses to-date during the preparation of studies, design and environmental compliance for the Project as shown in Table 2 of Exhibit "B". Additionally, the allocation of these expenditures between the Parties is shown in Table 3 of Exhibit "B" and identifies Vista's share of Project costs incurred through the end of calendar year 2010 as $2,366,060. Upon execution of this agreement by the Parties, Vista agrees to pay to Carlsbad this amount in full within 30-days of the invoice date. Subsequent to the first invoice, Carlsbad shall invoice Vista for all work performed during the first half of calendar year 2011 and shall then submit invoices to Vista quarterly thereafter for ongoing Project activities performed until work is deemed complete in accordance with Section 5 herein. -3- 8/15/201 Vista shall pay Carlsbad within 30-days of the date of the invoice on all amounts not in dispute. All invoices shall include backup documentation to support each line item on the invoice. It is understood that Carlsbad's cost for project management and administration shall be included in the overall cost of the Project and shall be paid by each Party as defined in Section 5 herein. Allowable costs shall be actual costs for work performed by Carlsbad Engineering Department staff and reasonable expenses. Carlsbad staff costs will be billed at their hourly fully burdened rate. SECTIONS. COST ACCOUNTING Carlsbad shall be responsible for the administration and accounting of all expenditures related to the Project. The Parties agree that Vista will pay to Carlsbad its allocated portion of actual and estimated costs as shown in Tables 1, 2 and 3 of Exhibit "B" and stated in Section 4 herein. Final accounting of Planning and Design Phase costs will be made after the Award of the construction contract by the Carlsbad City Council. Carlsbad will issue a final invoice for Planning and Design Phase work to Vista within 30-days of Award. The Parties acknowledge that the Planning and Design Phase work activities and related costs are typically spread throughout multiple reaches at any given time, making it difficult to allocate costs to specific reaches with different ownership percentages. Therefore, the Parties agree to distribute the total of all Planning and Design Phase costs for the Project to each respective ownership reach by utilizing the ratio of the estimated total project costs for each reach divided by the overall total Project cost. These cost percentages are calculated and shown in Table 1 of Exhibit "B" and result in 65% of the Planning and Design Phase costs being distributed to Reaches VC1 IB through VC13 and the remaining 35% of the costs being allocated to Reaches VC14 and VC15. The costs shall then be shared by each Party in accordance with the terms of Section 4 herein. SECTION 6. COUNTERPARTS This 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. (Continued on Next Page) -4- 8/15/201: SECTION 7. ENTIRE AGREEMENT This Agreement, together with any other written document referred to, embody 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. IN WITNESS WHEREOF, each Party hereto has pursuant to resolution duly passed and adopted by its respective governing body this AGREEMENT and caused it to be executed and be effective on the date first above written. CITY OF VISTA, a chartered municipal corporation. By: ER, Mayor _ JUDYJtt ATTEST: MARCI KILIAN, City Clerk By: APPROVED AS TO FORM: DAROLD PIEPER, City Attorney BY: CITY OF CARLSBAD, a municipal corporation chartered ATTEST' LORRAINE M. WOOD, City Clerk APPROVED AS TO FORM: 0, f// RONALD R. BALL, City Attome/'V^.?40'''',, ^o,-->- '- ' '• £/ .*-> • _ .—wf^pvrv. * %-• . pO^ ^ BY: -5-8/15/2011 EXHIBIT A BEGIN PROJECT LAGOON BRIDG, VC11B AGUA HEDIONDA LIFT STATION LEGEND: VC11B-VC15 VC1-VC11A END PROJECT AT ENCINA WATER POLLUTION CONTROL FACILITY. PROJECT NAME AGUA HEDIONDA LIFT STATION & VISTA/CARLSBAD INTECEPTOR SEWER REACHES VC11B THROUGH VC15 PROJECT NUMBER CP3492, 3886 & 3949 EXHIBIT A DRf>m BY: SCOTT EVANS: CARLSBAD UTILITIES DEPT, 1/13/11 C: \UTILITIES DEPARTUENT\DESIGN D/WS/ON\SM/7H\VC//-/5 LOCATION UAP.DWG EXHIBIT "B11 TABLE 1 AGUA HEDIONDA LIFT STATION AND V/C INTERCEPTOR REPLACEMENT PROJECT, REACHES VC11B - VC15 ESTIMATED PROJECT COSTS Phase Reach 1 1 B AHLS& Reach 12-1 3 Reaches 14-15 Reach 1 1 B AHLS & Reach 12-1 3 Reaches 14-15 Pre-Construction Construction Phase Costs Management $700,000 $600,000 $1,900,000 $1,500,000 $1,400,000 $1,300,000 $4,000,000 $3,400,000 Percentage of Total Est. Cost Overall Project $6,128,500 13% $23,699,9201 " 52% $16,092,000 35% Total! $45,920,420 100.0% (1) Outside Costs: Vista's Sub-Total of Construction Change Order Outside Ownership Vista's Cost Carlsbad's Soft Costs Cost Budget Costs (1) Total Percentage Share Cost Share $1,300,000 $3,935,000; $393,500 $500,000 $6,128,500; 69.1% $4,234,794! $1,893,707 $3,400,000 $17,824,000 $1,425,920; $1,050,000 $23,699,920! 69.1%: $16,376,645! $7,323,275 $2,700,000 $12,400,000 $992,000; $7,400,000 $34,159,000 $2,811,420! $1, % of Project Cost by Vista's Carlsbad's Ownership Ownership Ownership Reach Percentage Percentage 65.0% 69.1%; 30.9% 35.0% 56.1% 43.9% 100.0% r SDGE Gas Line Relocation Costs $300,000 Electrica Feed to Lift Station $200,000 NRG Property Acquisition: $750,000 SDGE Property Acquisition : $1 00,000 NCTD Flagging Costs; $200,000 TOTAL; $1,550,000 Reach 1 1 B AHLS AHLS AHLS j Reach 1 1 B j $0 $16,092,000! 56.1% $9,027,612; $7,064,388 550,000 $45,920,420! $29,639,050 $16,281,370 j I j '• ' \ \ \ '• . ' I ' ' /.A May 31, 2011 EXHIBIT "Bf TABLE 2 AGUA HEDIONDA LIFT STATION & V/C INTERCEPTOR REPLACEMENT PROJECT, REACHES VC11B - VC15 EXISTING PROJECT EXPENDITURES THRU DEC. 31, 2010 Description | A DESIGN CONSULTANTS Krieger and Stewart Study - March 2000 Dokken Engineering - Bridge Alignment Support Brown & Caldwell Alignment & Site Study - June 2006 Brown & Caldwell Preliminary Design Report - Sept. 2008 Brown & Caldwell Preliminary Design Amendment No. 1 Brown & Caldwell Preliminary Design Amendment No. 2 Brown & Caldwell Final Design (PS&E and Environmental) Brown & Caldwell Final Design Amendment No. 1 Brown & Caldwell Final Design Amendment No. 2 (time extention) Subtotal B MANHOLE REHAB CONSTRUCTION CONTRACT Socal Pacific Contractors Construction Inspection Misc. Costs Subtotal C CARLSBAD PROJECT MGMT. STAFF (2005 - 12/31/10) D MISC. EXPENDITURES TOTAL TOTAL COST $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 83,000 2,984 99,960 294,641 36,058 37,600 2,382,281 98,230 - 3,034,754 290,465 25,704 28,730 344,899 269,707 16,108 3,665,468 May 31, 2011 EXHIBIT "B1 TABLE 3 AGUA HEDIONDA LIFT STATION AND V/C INTERCEPTOR REPLACEMENT PROJECT, REACHES VC11B -VC15 DISTRIBUTION OF PROJECT COSTS (Inception through 12/31/2010) Project No.Project Phase Actual Percentage of j Corrected Vista Carlsbad Expenditures Overall Expenditure Ownership Ownership Reported Project * Amount Percentage Percentage Vista Cost Share Carlsbad Cost Share 3886 Reach VC11B 3492 AHLS and Reach VC12&VC13 3949 Reach VC14 & VC15 TOTAL $735,687 $1,920,583 13%$476,511 69.1%30.9%$329,269 $147,242 52%$1,906,043 69.1%30.9% $1,317,076 $588,967 $1,009,198 35%$1,282,914 56.1%43.9% $3,665,468 100%$3,665,468 $719,715 $563,199 $2,366,060 $1,299,408 * Percentage Developed from Table 1 May 31, 2011