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HomeMy WebLinkAboutVista, City of; 2005-06-28;PROJECT AGREEMENT FOR VISTAKARLSBAD INTERCEPTOR SEWER REACHES VC1 THROUGH VC3 THIS AGREEMENT for the VistdCarlsbad Interceptor Sewer, Reaches VC1 through VC3 (“Agreement”) is made and entered into as of the 28th day of June , 2005, 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 February 26, 2002, Vista and Carlsbad entered into an agreement for the ownership, operation and maintenance of the VistdCarlsbad Interceptor Sewer (“Ownership Agreement”), the terms of which are incorporated herein by this reference; and WHEREAS, a condition assessment on reaches VC1 through VC3 of the VistdCarlsbad Interceptor Sewer has been performed and the Parties agree that it is necessary to repair and/or replace reaches VC1 through VC3 of the VistdCarlsbad Interceptor Sewer; and WHEREAS, the Sewer Master Plans for Vista and Carlsbad include a recommendation that reach VC3 be replaced with a larger pipe to increase the capacity for future sewer flows; and WHEREAS, the parties agree that it is essential at this time to first address the deteriorating condition of VC3 and that a future project will be prepared to address capacity issues; and WHEREAS, Section 9.3 of the Ownership Agreement provides that upon completion of this project, Carlsbad will be responsible for the operation and maintenance of pipeline reaches VC1 through VC3 as defined in Sections 9.1 and 9.2 with of the Ownership Agreement; and WHEREAS, Vista has selected consultants and has completed the pre-design report, design, and construction contract documents for the rehabilitation of reaches VCl through VC3 of the VistdCarlsbad 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. NOW THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING: SECTION 1. PROJECT DESCRIPTION The VistdCarlsbad Interceptor Sewer, Reaches VC1 through VC3 (the “Project”) is a sewer project which repairs a portion of the VistdCarlsbad Interceptor Sewer from the Vista flow metering station located west of College Boulevard and south of State Route 78 to the Buena Vista Pump Station located on Jefferson Street immediately south of State Route 78 shown on -1- 5/24/2005 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. Repair of approximately 958 lineal feet of 36-inch diameter interceptor sewer identified herein as a portion of reach VC1. B. Repair of approximately 328 lineal feet of 42-inch diameter interceptor sewer identified herein as a portion of reach VC2. C. Rehabilitation of approximately thirty-five (35) sewer manholes and junction structures within reaches VC1 through VC2. D. Replacement of one (1) sewer manhole (MH No. 43) within reach VC1. E. Repair of approximately 3238 lineal feet of 36-inch diameter interceptor sewer identified herein as reach VC3. F. Acquisition of any required Right of Way. G. The duration of the Project is approximately 180 working days. SECTION 2. RESPONSIBILITIES OF THE LEAD AGENCY Vista 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, and street resurfacing which are included in the Project are the sole responsibility of Vista unless specifically addressed below. As Lead Agency, Vista shall have sole authority to approve, bid, and award contracts and 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. Vista staff shall keep Carlsbad staff informed about any significant project developments, particularly those that may lead to a change order. Vista shall promptly notify Carlsbad upon execution of any contract or change order associated with the project with a statement as the extent to which the contract or change order is beneficial to Carlsbad. Carlsbad shall promptly notify Vista of any dispute with this statement in writing. Any disagreement shall be handled in accordance with Section 21 of the Ownership Agreement. SECTION 3. CAPACITY OWNERSHIP RIGHTS Capacity ownership percentages for each pipeline Reach are shown in Exhibit “B” and were developed in the Ownership Agreement. -2- 5/24/2005 SECTION 4. ALLOCATION OF COSTS Allocation of Pre-Design, Design, and Permitting I Environmental and NACE specialty inspection costs are as shown in Exhibit “B”, allocated at 90% Vista, 10% Carlsbad, recognizing that the majority of the effort is spent in VC3 for which ownership is 89.6% Vista, 10.4% Carlsbad. Allocation of construction costs shall be directly related to each Party’s percentage of capacity ownership as developed in the Ownership Agreement and shown in Exhibit “B”. Construction costs shall include the construction contract and necessary and mutually beneficial change orders. Overhead shall include staff administration, construction management services, submittal review, inspection, and materials testing. Vista shall be entitled to recover overhead costs at fifteen percent (15%) of the Carlsbad share of the project costs for the Project, including pre-design and design. SECTION 5. COST ACCOUNTING Vista shall be responsible for the administration and accounting of all expenditures related to the construction of the Project. The Parties agree that Carlsbad will pay their portion of the $3,358,612 in actual and estimated costs shown in Exhibit “B” to Vista in one (1) payment of $306,818. The payment shall be paid to Vista upon Vista’s issuance of a Notice to Proceed. Final accounting of the costs will be made after the Notice of completion is filed. Vista will issue a final invoice or reimburse excess remaining funds, to Carlsbad at that time. Vista will also issue a quarterly report to Carlsbad which will summarize the status of the project and include the following information: A. A cost accounting that will identify total Project expenditures. B. A brief Project status which will identify progress and schedule issues, approved change orders, pending change orders and any significant project issues. 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. Ill Ill Ill -3- 5/24/2005 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 terns 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: By: MORRIS VANCE, Mayor ATTEST: ATTEST: By:% w MhCI KILdIAN, Acting City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: i terim City Attorney RONALD R. BALL, City Attorney BY: -4- 51 2412005 . .. Exhibit A - Vicinity Map d -5- 5/24/2005 City of Vista June 30,2005 Lorraine M. Wood City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Project Agreement between the City of Vista and the City of Carlsbad for VisWCarlsbad Interceptor Sewer Reaches VC1- VC3 Dear Ms. Wood: At the Vista City Council Meeting held on June 28,2005, the City Council adopted Resolution No. 2005- 168, approving the above-referenced agreement. Attached is a copy of the resolution for your file. We have enclosed one original and one copy of the agreement for signature by Mayor Lewis. Please note, signatures by the Deputy City Attorney and City Clerk are also required. Upon execution, please keep the copy for your record, and return the original to: City Clerk City of Vista P. 0. Box 1988 Vista, CA 92085 Thank you for your attention to the above. Should you have any questions, please contact Carlos Mendoza, Senior Engineer, at (760) 726-1340, ext. 1323. Sincere1 y, . Rita R. Turnbull Office of the City Clerk enc. c: Carlos Mendoza, Senior Engineer 600 Eucalyptus Avenue PO. Box 1988 *Vista, California 92085 (760) 726-1340 www.ci.vista.ca.us RESOLUTION NO. 2005 - 168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTA, CALIFORNIA, APPROVING THE VISTNCARLSBAD INTERCEPTOR SEWER PROJECT AGREEMENT FOR REACHES VC1 TO VC3 WHEREAS, the City of Vista and the City of Carlsbad jointly own the Vista/Carlsbad Interceptor Sewer (“Interceptor”) under an agreement dated February 26,2002; and WHEREAS, the parties desire to enter into a project agreement for the repair and replacement of the Interceptor between portions identified as VICI to ViC3, NOW, THEREFORE, BE IT RESOLVED, as follows: 1. VC1 through VC3 dated June 28,2005 is approved. The Project Agreement for VistaICarlsbad Interceptor Sewer Reaches 2. The Mayor is authorized to sign the agreement on behalf of the City. PASSED AND ADOPTED, on the 28h day of June, 2005, at a meeting of the City Council by the following votes: AYES: GRONKE, LOPEZ, RITTER, MAYOR VANCE NOES: NONE ABSTAIN: NONE dm6d* MORRIS B. VANCE, Mayor ATTEST: Marci Kilian, Acting City Clerk .- By: “It?aALc &A w L J July 8, 2005 Rita R. Turnbull Office of the City Clerk City of Vista P. 0. Box 1988 Vista, CA 92085 Re: Fully signed project agreement for the VistdCarlsbad Interceptor Sewer Reaches VC1- VC3 Enclosed is a fully signed original agreement for the VistdCarlsbad Interceptor Sewer Reaches VC1 - VC3. If you have any questions, please contact Mark Biskup, Associate Engineer, at (760) 602-2763. ISABELLE J. PAULSEN, CMC Deputy Clerk Enclosure 1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (760) 434-2808 @