HomeMy WebLinkAboutOlivenhain Municipal Water District; 2002-10-17;AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE OLIVENHAIN MUNICIPAL WATER
DISTRICT FOR THE CONSTRUCTION AND
RECONSTRUCTION OF VARIOUS WATER LINES
AND RELATED STRUCTURES WITHIN THE CITY OF
CARLSBAD
THIS AGREEMENT, is made and entered into as of the I~TH day of DC7b Ba,
2002, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to
as "CARLSBAD. and OLIVENHAIN MUNICIPAL WATER DISTRICT, a municipal corporation,
hereinafter referred to as "DISTRICT" , (collectively the "Parties").
RECITALS
WHEREAS, CARLSBAD desires to realign and widen Rancho Santa Fe Road ("ROAD) in
the Canyon Alignment as directed by the City Council at their meeting of October 20, 1987; and,
WHEREAS, the realigned and widened ROAD will conflict with existing DISTRICT facilities:
and,
WHEREAS, the ROAD is integral to the traffic circulation element plans for Carlsbad, and
the North County Region in general and the water mains are integral to the delivery of water
within the DISTRICT; and,
WHEREAS, CARLSBAD and DISTRICT desire to establish mutually agreed upon
responsibilities for the funding, design, and construction for relocation of the DISTRICT facilities
impacted by the realignment and widening of the ROAD.
NOW THEREFORE, in consideration of the above recitals, CARLSBAD and DISTRICT do
hereby mutually agree as follows:
I. RANCHO SANTA FE ROAD REALIGNMENT:
A. PROJECT DESCRIPTION
the existing Road from southerly of La Costa Avenue northward for approximately 1 %
Rancho Santa Fe Road, Phase 1 ("PROJECT") involves the relocation and widening of
miles. The PROJECT involves grading of the roadbed to full prime arterial road width of
126 feet with construction of improvements including six traveled lanes, two 8-foot
shoulders, with outside curb and gutters and sidewalks, pfus improved median, in the
vicinity of the intersection with La Costa Avenue, and six traveled lanes, two 8-foot
shoulders, with outside curb and gutter and median curbs, over the majority of the Road
northerly of La Costa Avenue. The Road realignment requires the relocation of some
DISTRICT facilities due to the incompatibility of existing structures and pipelines with the
easements wherein the DISTRICT has senior rights as shown on Exhibit “A” attached
new alignment of the ROAD. Portions of the affected DISTRICT facilities are within
hereto and made a part hereof. These facilities are as follows:
1. PiDeline “A, an eighteen inch (18”) water transmission main to replace a portion
of the Unit “G pipeline located along the southerly side of a S.D.G.8, E.
easement crossing the new Road alignment at approximate road station 198+00.
2. Pipeline “B. a sixteen inch (16) water transmission main to replace a portion of
the Unit “N” pipeline crossing the new Road alignment at approximate road
station 217+00.
Portions of the affected DISTRICT facilities are within easements wherein the CITY has
senior rights, see attached Exhibit “A. These facilities are as follows:
3. Portions of the abandoned eighteen inch (18”) water transmission main located
within the existing truck bypass right-of-way. Removal of portions of this
abandoned pipeline is anticipated during construction.
4. PiDeline “D, an eighteen inch (18”) PVC water line to relocate a portion of an
eighteen inch (1 8) water main located within the existing ROAD right-of-way.
shown in Exhibit ”A” and as follows:
In addition, the DISTRICT desires to construct new facilities in the realigned ROAD as
5. Pipeline “B”. upsize from sixteen-inch (16) to twenty-four inch (24“), as shown on
City Drawing. No. 368-2C, a portion of the water transmission main (Unit “N”),
crossing the new Road alignment at approximate road station 217tOO.
6. PiDeline “C“, an eighteen-inch (18”) water main to connect the existing 18” main
(Unit “G“) to the existing 16 main (Unit “N”), see attached Exhibit “A.
7. Pipeline “E, a thirty inch (30) water main from Camino Juniper0 to southerly of
the Unit “N” pipeline.
8. Twelve inch (12”) recycled water main from La Costa Avenue to the CMWD
metering vault.
0. CARLSBAD AGREES:
1. To act as lead agency for the purpose of design and environmental review and to provide all labor, materials, tools and equipment for PROJECT,
Collateral management Company (“RECM) under a reimbursement
including those portions of PROJECT to be constructed by Real Estate
agreement as shown on City Drawing. No. 368-20. As lead agency
CARLSBAD will handle permit acquisition, advertising, award, contract
assurance and specialty testing, and such other construction engineering as
administration, Resident Engineer, material source inspection, independent
may be required, for satisfactory completion of PROJECT.
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2. To construct PROJECT by contract in accordance, with plans and
specifications prepared by CARLSBAD with assistance from DISTRICT and
for Rancho Santa Fe Road, City of Carlsbad Drawing No. 368-2.
approved by DISTRICT, said plans being referred to as Improvement Plans
3. To advertise for construction bids after CARLSBAD has received written approval from DISTRICT of plans, specifications and estimates.
4. If. upon opening of bids for PROJECT, it is found that the lowest responsible bid exceeds the Engineer’s Estimate, CARLSBAD and DISTRICT shall
consult and agree upon a course of action consistent with local and state law.
5. To establish separate PROJECT accounts to accumulate charges for all
costs to be paid for by DISTRICT pursuant to this Agreement.
6. To receive from DISTRICT designated PROJECT representative, prior
approval of all change orders, affecting DISTRICT facilities, before
implementation, except when necessary for the safety of motorists andlor
pedestrians or for the protection of property.
7. Upon completion of PROJECT and all work incidental thereto, to furnish DISTRICT with a detailed statement of the total actual costs of construction
and services for PROJECT, including the costs of any contract claims which
have been allowed to the construction contractor. Services shall include cost
of providing personnel resources (direct salaries and benefits). CARLSBAD
thereafter shall refund to DISTRICT, within 25 days, any DISTRICT deposits,
as required by Section C.5. of this agreement, plus payments CARLSBAD is
holding, after actual costs to be borne by CARLSBAD have been deducted,
or to bill DISTRICT for any additional amount required to complete DISTRICT
financial obligations pursuant to this Agreement.
8. To designate a project Resident Engineer who shall represent CARLSBAD as the single point of contact for PROJECT administration.
9. To consult with DISTRICT in resolution of any contract claims associated with PROJECT work.
IO. To acquire and pay for all necessary rights-of-way for the road and waterline
easements, to the satisfaction of DISTRICT, for those lines required to be
relocated in which the DISTRICT has senior rights.
11. To fund the costs of those waterline facilities required to be relocated as a result of the Road realignment where the DISTRICT has senior rights as
listed in Section I.A.1. & 2. above. The facilites relocation costs shall be
based on the unit costs for the items as shown on the successful bidder’s Bid
Schedule. Estimated unit costs for budget purposes are shown on Exhibit
“B, attached hereto and made a part hereof. These waterline facilities will be
constructed by RECM under a reimbursement agreement with CARLSBAD
as part of Drawing. No. 368-2C. Said costs shall include providing personnel
resources, design costs and any furnished materials, supplemental work,
the defense of all PROJECT related claims which may be filed by the change orders and contract claims paid to the construction contractor, and
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contractor or portion of services attributed to such work applied in
accordance with standard accounting procedures. The actual cost of
services for PROJECT shall be determined after completion of all work and
upon final accounting of costs.
C. DISTRICT AGREES:
1. To designate a single project representative authorized to act on behalf of
coordination. All final decisions that pertain to or affect any DISTRICT
DISTRICT in relation to contract change orders and overall PROJECT
easements or facilities will be made soley by the DISTRICT except when
necessary for the safety of motorists andlor pedestrians or for the protection
of property. Where a decision affects both DISTRICT easements or facilities
and is necessary for the safety of motorists andlor pedestrians or to protect
final decisions on the PROJECT that do not pertain to or affect any
property, CARLSBAD and the DISTRICT shall agree on the final decision. All
DISTRICT facilities, easements, or contributions will be made soley by
jointly by CARLSBAD and DISTRICT. DISTRICT shall respond in a timely
CARLSBAD. Decisions that affect DISTRICT contributions will be made
manner in all cases requiring a decisions by DISTRICT. Failure by
costs due to delay of PROJECT.
DISTRICT to respond in a timely manner may subject DISTRICT to additional
2. To relinquish to CARLSBAD DISTRICT'S rights in the maintenance and
duration of construction and authorizes CARLSBAD to act as DISTRICT'S
operation of the construction zone within the boundaries of DISTRICT for the
authorized agent to direct contractor for traffic control, signal timing, and
other measures deemed necessary for construction and administration of the
PROJECT.
3. To bear the actual cost for those portions of the waterline and other facilities
relocation's that are within areas where the CARLSBAD has senior rights as
listed in Section I.A.3. & 4, above and for those new facilities the DISTRICT
intends to place in the new Road alignment listed in Section I.A.5. through
I.A.8. above. These facilities are shown on Exhibit "C attached hereto and
made a part hereof. Said costs of services shall include providing personnel
resources, design, project management, inspection and including the cost of
any furnished materials, supplemental work, change orders and contract
claims paid to the construction contractor, and the defense of all project
attributed to such work applied in accordance with standard accounting
related claims which may be filed by the contractor or portion of services
procedures. The actual cost of services for PROJECT shall be determined
after completion of all work and upon final accounting of costs.
4. To be responsible for the operation and maintenance of water facilities
belonging to DISTRICT during the construction period of the PROJECT.
5. To deposit with CARLSBAD within thirty (30) days of award of the
construction contract, a sum equal to the approved bid estimate cost plus
10% contingency and 12% Inspection and testing for those facilities that are the responsibility of the DISTRICT, as shown on Exhibit "C".
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6. To pay CARLSBAD upon completion of all work and within twenty-five
working days of receipt of a detailed statement made upon final accounting of
costs, any amount over and above the aforementioned deposits and
payments required to complete DISTRICT'S financial obligation pursuant to
this Agreement.
7. To provide all rights-of-way required for construction and necessary
mitigation within DISTRICT jurisdiction.
8. To provide comments or approve PROJECT plans and specifications within
ten working (IO) days of final submittal by CARLSBAD.
9. Within ten working (IO) days of completion of the PROJECT and notification
by CARLSBAD, DISTRICT shall inspect all work performed on the PROJECT
and determine whether the work was completed in accordance with
DISTRICT approved plans and specifications. If by the end of this ten (IO)
day period, DISTRICT has not notified CARLSBAD in writing through the City
Engineer that the work materially varies from the approved plans, DISTRICT
shall be deemed to have accepted the PROJECT in accordance with the approved plans and specifications.
10. To cooperate in obtaining required permits.
11. To expeditiously review and approve any required permits for construction
of PROJECT within jurisdiction.
II. OWNERSHIP AND MAINTENANCE
A. ROAD IMPROVEMENTS
Upon completion of all work under this Agreement, ownership and title to
CARLSBADs right-of-way will automatically be vested in and maintained by
materials, equipment, and appurtenances which are installed within
CARLSBAD with the exception of materials, equipment, and appurtenances
which are the responsibility of the DISTRICT. City shall have senior rights within
the road right-of-way.
B. WATER LINE EASEMENTS
Upon completion of all work under this Agreement, ownership and title to
materials, equipment, and appurtenances which are installed within DISTRICT'S
easements will automatically be vested in and maintained by DISTRICT.
DISTRICT shall maintain senior rights within the existing water line easements.
111. LIABILITY AND INDEMNIFICATION
Pursuant to Section 895.4 of the Government Code, CARLSBAD and DISTRICT agree
that each will assume the full liability imposed upon it or any of its officers, agents, or
employees for injury caused by or arising out of a negligent or wrongful act or omission
accruing in the performance of it's obligations under this agreement, and each party
agrees to indemnify and hold harmless the other party for any loss, cost, or expense that
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may be imposed upon such other party by virtue of Sections 895.2 and 895.6 of the
Government Code.
The indemnity provisions are not limited in any way by the extent of any policy of
insurance currently in force and held by either party. All construction contracts for any
project which spans the jurisdictional boundary between CARLSBAD and DISTRICT
shall include indemnity provisions and insurance provisions, whereby the contractor
indemnities both CARLSBAD and DISTRICT and adds both agencies as additional
insured on Insurance Policy.
IV. NOTIFICATIONS
Unless otherwise specifically provided in this Agreement, all notices, demands, or other
delivered upon personal delivery or as of the second business day after mailing by
communications given hereunder will be in writing and will be deemed to have been duly
United States mail, return receipt requested, postage prepared and addressed as
follows:
If to DISTRICT: David McCollom
General Manager
OLIVENHAIN MUNICIPAL WATER DISTRICT
Encinitas. CA 92024
1966 Olivenhain Road
If to CARLSBAD: Lloyd Hubbs
CITY OF CARLSBAD
Public Works Director
Carlsbad, CA 92008
1965 Faraday Avenue
V. MODIFICATIONS
This Agreement may not be modified, amended, or othewise changed unless by an
amendment, in writing, executed by the parties hereto.
VI. TERMINATION
This Agreement shall terminate after all the street and water line improvements
contemplated by this agreement have been constructed, after all payments required
under this agreement have been made, and after all maintenance responsibilities for the
respective street and water improvements have been assumed by the respective
agencies in accordance with the terms of this agreement.
VII. COUNTERPARTS
This agreement may be executed by the CARLSBAD and DISTRICT in separate
counterparts, each of which when so executed and delivered shall be an original, but all
such counterparts shall together constitute one and the same instrument.
VIII. CHOICE OF LAW
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IX.
X.
XI.
This agreement shall be governed by, the laws of the State of California and venue shall
be proper in the San Diego Superior Court, North County Branch or such other venue as
provided by law.
SEVERABILITY
If one or more clauses, sentences, paragraphs, provisions or terms of this agreement
shall be held to be unlawful, invalid, or unenforceable, it is hereby agreed by the
CARLSBAD and DISTRICT that the remainder of this agreement shall not be affected
hereby.
HEADINGS
The headings of articles and paragraphs of this agreement are for convenience only,
and no presumption or implication of the intent of the parties as to the construction of
this agreement shall be drawn therefrom.
COMPLETE AGREEMENT
The foregoing constitutes the full and complete agreement of the parties. There are no
oral understandings or agreements not set forth in writing herein.
IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CARLSBAD
pursuant to action taken by its City Council and by the DISTRICT pursuant to action taken by its
Board of Directors.
OLIVENHAIN MUNICIPAL WATER DISTRICT, ..
DATE:
ATTEST: wrv RRAINE M. WOOD,
City Clerk
APPROVED AS TO FORM:
City Attorney
n
RONALD R. BALL
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EXHIBIT "B"
RANCHO SANTA FE RD. - DWG. NO. 368-2C
WORK DONE BY RECM UNDER REIMBURSEMENT AGREEMENT WlTY CARLSBAD
POTABLE WATER IMPROVEMENTS (CARLSBAD)
Item No. Total Unit Price Unit Quantity Description
1
33,120 $ $ 160.00 LF 207 16 Welded Steel Pipe, Pipeline B Shown as 24" (1) 3
$ 26,880 $ 160.00 LF 168 16 Welded Steel Pipe, Pipeline B 2
$ 43,920 $ 144.00 LF 305 18" Welded Steel Pipe, Pipeline A
4 Connections Between Pipeline A and Unit G 2 EA $ 5,000.00
$ 1,275 $ 10,000.00 LS 0.13 Cathodic Protection and Joint Bonding (2) D - 15
$ 10,000 $ 5.000.00 EA 2 Connections Between Pipeline B and Unit N 5
$ 10,000
.....................................................................................................................................................
.....................................................................................................................................................
WSP on Dwg. No. 368-2C
Pipeline
Pipeline
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
I TOTAL ESTIMATED COST $ 125,195 I
Notes:
(1) OMWD pays for cost to upsize 16 WM to 24" WM from connection with Pipeline C eastward.
(2) Cathodic Protection and Joint Bonding prorated on basis of lineal feet of DiDe . Per Rancho Santa Fe Rd. Bid Schedule
Helming Engineering
Rancho Santa Fe Road North, Phase 1
City of Carisbad (Project 3190) Exhibit "8"
EXHIBIT "C"
RANCHO SANTA FE ROAD BID DOCUMENTS, SCHEDULE B
Total Construction
Helming Engineering
Rancho Santa Fe Road North, Phase 1
City of Carlsbad (Projecl3190)
AUGUST 13.2002
Exhibit"C
i State of California I i i i i i i i i i i i i i i i i i i i i i
personally known to me - OR- 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and
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capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal. 2Ab
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