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HomeMy WebLinkAboutVista, City Of; 2002-02-22; (3)PROJECT AGREEMENT FOR VISTNCARLSBAD INTERCEPTOR SEWER, REACHES VC5B THROUGH VCIIA AND SOUTH CARLSBAD STORM DRAIN PROJECT THIS AGR,EEMENT for the Vista/Carlsbad Interceptor Sewer, Reaches VC5B through VCIIA, and South Carlsbad Storm Drain Project ("Agreement") is made and entered into as 'of the 22uP day of , 20& by and between the City of Vista, a general law city ("Vista"), and the City of Carlsbad, a general law city ("Carlsbad"), collectively, ("the Parties"). RECITALS WHEREAS, on f%%-WW 22 , 2002, Vista and Carlsbad entered into an agreement for tbe ownership, operation and maintenance of the VistalCarlsbad Interceptor SewerJ"0wnership Agreement"), the terms of which are incorporated herein by this reference;'and WHEREAS; the Parties desire to replace reaches VC5B through VCIIA of the VistalCarlsbad Interceptor Sewer; and WHEREAS, Carlsbad has selected a design consultBnt and has completed the design and construction contract documents for reaches VC5B through VC1 1A of the VistalCarlsbad Interceptor Sewer; and WHEREAS; the Parties are entering into this Agreement in order to establish the responsibilities of each Party during construction, their respective share of the construction phase costs, and establishment of the cost accounting procedures and payment schedule. -1 - 2/06/02 k THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING: SECTION 1. PROJECT DESCRIPTION The VistalCarlsbad Interceptor Sewer, Reaches VC 58 through VC 1 IA, and the South Carlsbad Storm Drain Project (the "Project") is a combined sewer and storm drain project which replaces a portion of the VistalCarlsbad Interceptor Sewer from the intersection of Las Flores Drive and Jefferson Street to the north shore of the Agua Hedionda Lagoon as further shown on Exhibit "A. This Agreement pertains to the respective responsibilities of the Parties relative solely to the construction of the interceptor sewer ("Interceptor") portion of the Project. The major elements of the Interceptor construction are as follows: A. Installation of approximately 2-miles of interceptor sewer identified herein as reaches VC5B through VCIIA, ranging in size from 36-inch to 54-inch diameter, to replace the aging and over capacity interceptor sewer. B. Utilize the microtunneling method of construction for approximately I-,mile of the interceptor sewer construction in Jefferson Street and Oak Avenue. C. Construction of approximately 19 sewer manholes and junction structures. D. Abandonment of the existing interceptor sewer and manholes in-place. E. The duration of the Project is approximately 420 working days. SECTION 2. RESPONSIBILITIES OF THE LEAD AGENCY Carlsbad shall be the Lead Agency for the Project and will be responsible for the bidding and administration of construction activities, including fiscal management for the Project. All collector sewer improvements, sewer connections, storm drain improvements and street resurfacing which are included in the Project are the sole '7 responsibility of Carlsbad unless specifically addressed below. As Lead Agency, Carisbad shall have sole authority to approve individual construction change orders. Change order costs will be shared by the Parties in proportion to their capacity ownership defined herein to the extent that the change order is necessary and beneficial for both Parties. SECTION 3. ALIGNMENT OF INTERCEPTOR SEWER The alignment of the new interceptor sewer is as shown on Exhibit “A. Beginning at the north end of the Project at the Intersection of Las Flores Drive and Jefferson Street (Reach VC 5B), the new alignment parallels the existing interceptor sewer in Jefferson Street until it reaches Grand Avenue. At this location, the existing interceptor sewer turns westerly in Grand Avenue, whereas the new interceptor sewer continues southerly in Jefferson Street to Oak Avenue, west in Oak Avenue and south in the railroad right-of-way to a location approximately 35-feet south of the connection from the North Agua Hedionda Interceptor (Reach VC 11A) where it ties into the existing interceptor at Manhole No. 1 as shown on the approved plans for the Project. The upper portion of Reach VC 5 (Reach VC 5A) was previously replaced through a separate agreement. SECTION 4. ABANDONMENT OF EXISTING INTERCEPTOR SEWER The existing interceptor sewer will be abandoned within the limits of the Project except in locations where removal of the interceptor is necessary to construct new facilities identified in the Project. The procedure for abandoning the interceptor sewer will be as specified in the construction contract documents for the Project. Upon completion and final acceptance of the Project, all rights and responsibilities -3- 2/06/02 related to the use or maintenance of the abandoned interceptor sewer will revert to Carlsbad. SECTION 5. CAPACITY OWNERSHIP RIGHTS Capacity ownership percentages and flow rates for each Pipeline Reach are shown in Exhibit "B and were developed in the Ownership Agreement. The capacity rights shown reflect the increased capacity of the new interceptor sewer and the revised locations of collector sewer connections as a result of the Project. The sewer flow rates for each Party are based on projections from the City of Carlsbad Sewer Master IPlan Update dated October 1997 and the City of Vista Infrastructure Review Summary and Wastewater Master Plan Update, June 2001. SECTION 6. ALLOCATION OF COSTS Design phase costs for the Interceptor were determined by prior negotiation between the Parties to be $798,362, of which Vista's share of the design costs was determined to be $535,873 and Carlsbad's share was $262,489. The Parties acknowledge that Vista has reimbursed Carlsbad for design phase services in the amount stated above. Allocation of construction related costs shall be directly related to each Pa.rty's percentage of capacity ownership as developed in the Ownership Agreement and shown in Exhibit "B". Total construction related costs shall include the construction contract and necessary and mutually beneficial change orders, construction management, inspection, and materials testing. Carlsbad shall be entitled to recover overhead costs, either the actual cost or fifteen percent (15%) of the contract amount -4- 2/06/02 for Vista's portion of the construction of the Vista/Carlsbad Interceptor, excluding the cost for microtunneling, whichever is less. It is agreed by the Parties that the incremental construction cost increase to use the microtunneling method of construction rather than open trench construction for the interceptor sewer installation in Jefferson Street and Oak Avenue is $319,428. Additionally, the Parties agree that Vista will pay $125.000 towards the incremental microtunneling cost and that Carlsbad will pay the remainder. Cost overruns attributed to the microtunneling operation will be paid by Carlsbad. Since Vista's share of the microtunneling cost would have been $267.454 as allocated by their capacity ownership, a credit of $142,454 will be applied to Vista's share of the overall construction phase cost as identified in Exhibit "B". The Parties agree that Carlsbad will secure the services of a public relations consultant for the benefit of the project and that Vista will contribute $25,000 for these services and Carlsbad will pay for all other costs related to public relations. The overall cost for public relations services is estimated to be $1 15,000. Additionally, Vista will be given a credit of $177,388 for previous overpayment of construction costs for Reach VC5A of the VistalCarlsbad Inteceptor. SECTION 7. COST ACCOUNTING Carlsbad shall be responsible for the administration and accounting of all expenditures related to the construction of the Project. The Parties agree that Vista will pay their portion of the $6,702,451 in estimated construction phase costs shown in Exhibit "B" to Carlsbad in eighteen (18) equal payments of $372,358. The initial payment shall be paid to Carlsbad upon Carlsbad's issuance of a Notice to Proceed to -5- 2/116/02 the Contractor and each month thereafter for a total of eighteen (la) payments. Final accounting of the costs will be made after the Project is completed and all costs are known. Carlsbad will then issue a final invoice or reimburse excess remaining funds, including interest, to Vista at that time. Carlsbad will also issue a quarterly report to Vista which will summarize the status of the project and include the following information: A. A cost accounting that will identify total Project expenditures and the portion of which is attributable to the Interceptor. B. A brief Project status which will identify progress and schedule issues, approved change orders, pending change orders and any significant project issues. Since construction management personnel will be overseeing various elements of the Project at one time, some of which are not applicable to the Interceptor construction, allocation of expenditures for construction management, inspection & materials testing, and city administration will be determined at the completion of the project as a percentage of the interceptor sewer construction cost divided by the )total Project cost. SECTION 8. 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. Ill Ill Ill -6- 2/06/02 SECTION 9. 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 fi CITY OF VISTA: By: EDWIN W. ESTES, Mayor ATTEST: By: JO SEIBERT. City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: J. WAYNE DERNETZ, City Attorney RONALD R. BALL, City Attorney n BY: Assistant City Attorney BY: /-a City Attorney a-1 +aC=. -7- Exhibit "A" VistalCarlsbad Interceptor Sewer Replacement Project Reaches VCSB-VCI IA I VC6 VC7&8 microtunneling cost I Credit to Vista for prior EXHIBIT "B" CONSTRUCTION PHASE COST ALLOCATION I <142.454> I 142,454 I O1 I I 25,000 1 28.029 I 53,029 I -8- 2/06/02