HomeMy WebLinkAbout1996-03-26; City Council; 13570; APPROVAL OF AGREEMENTS WITH SANTA FE PIPELINE (SFPP) FOR RELOCATION OF A FUEL LINE AND THE CITY OF ENCINITAS FOR SIGNAL AND MEDIAN MAINTENANCE ON OLIVEHAIN ROAD, PROJECTt CIpY OF CARLSBAD - AGWA BILL
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DEPT.
CITY SANTA FE PIPELINE (SFPP) FOR RELOCATION OF A FUEL LINE MTG. 3/26/96
DEP' TITLE; APPROVAL OF AGREEMENTS WITH
CITY MAINTENANCE ON OLlVENHAlN ROAD, PROJECT NO. 3466 ENG AND THE CITY OF ENClNlTAS FOR SIGNAL AND MEDIAN
1 1 RECOMMENDED ACTION:
Adopt Resolution No. 96 ~ /OL approving an agreement with SFPP for the relo
the 10" fuel line within the SDG&E utilities easement on Olivenhain Road.
Adopt Resolution No. %i - /63 approving agreements with the City of Encinita
maintenance of the traHlc signal and medlan on Clllvenhaln Road. I I ITEM EXPLANATION:
The Olivenhain Road widening design is being finalized. This project requires
existing Santa Fe Pacific Pipeline (SFPP) be relocated to clear the propo:
improvements. In order to eliminate any delays during the construction and
contractor claims, staff has determined that it is in the City's best interest to re
Santa Fe Pacific Pipeline conflicts by relocating the 10" main prior to commenc
road construction. Since SFPP has prior rights over the easements, the City w
the relocation costs of the fuel main. SFPP has agreed to purchase pipe mal
relocate the 10 fuel line. The attached agreement requires that the City pay SFPF
to remove the fuel line prior to the start of road widening work and install a new lil
the construction of the road.
As a part of the Cooperative Agreement, Carlsbad and Encinitas have agreed tc
the City boundary to the centerline of the Olivenhain Road. Carlsbad has a
maintain the median island from El Camino Real to Rancho Ponderosa and bill
semi-annually for fq percent (50%) of the costs of median maintenance.
Encinitas has agreed to maintain the traffic signal at the intersection of Olivenh
and El Camino Real and bill Carlsbad semi-annually for twenty-five percent (25'
costs of signal maintenance. I FISCAL IMPACT:
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The engineer's estimate for the Olivenhain Road widening is $3.5 million which
the costs of utilities relocation. This project will be funded equally by the City of
and the proposed Rancho Santa Fe Road/Olivenhain Road Community Facilitie
(CFD) No. 2. In advance of CFD No. 2, the City of Carlsbad has received fun
amount of $1 ,137,750 from Centex and $1,045,500 from California Pacific Home
funds were deposited into the project account and are available to cover the co!
line relocation.
EXHIBITS: z 0 F 1. Location Map 0 a d z
3. Resolution No. ?b -/C 3 , approving agreements with City of Enciniti 0
the 10" fuel line within the SDG&E utilities easement on Olivenhain Road.
2. Resolution No. '1 & - j c. 2 approving an agreement with SFPP for the relc
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maintenance of the traffic signal and median on Olivenhain Road.
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Page 2 of Agenda Bill No. 1 3; s7lr
4. SFPP agreement for the relocation of the 10" gas main within the SDG&[
easement.
5. Agreement with the City of Encinitas for traffic signal maintenance by Encini
6. Agreement with the City of Encinitas for median maintenance by Carlsbad.
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l ll RESOLUTION NO. 9 6 - 10 2
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSE
OF THE 10" FUEL LINE ON OLIVENHAIN ROAD, PROJECT NO. 3466.
WHEREAS, the Ctty Council of the Ctty of Carlsbad, California, hereby finds ii
3 CALIFORNIA, APPROVING AN AGREEMENT WITH SFPP FOR THE RELOCAT
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desirable, and in the public interest to widen Olivenhain Road; and
WHEREAS, an agreement with SFPP to relocate it's 10" fuel line has been PI
submitted hereto; and
WHEREAS, SFPP will relocate the 10" fuel line within time allowed in the agr
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attached as Exhibit 4. 15
2. That the Mayor is hereby authorized and directed to execute said i 14
1. That the above recitations are true and correct.
cost not-to-exceed $86,000; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City (
California, as follows:
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payable to Santa Fe Pacific Pipeline for the relocation of the 10" fuel line. ' 7
3. That the Finance Director is authorized to issue a check in the amoun
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4. The City Clerk of the Crty of Carlsbad is hereby authorized and directe
a copy of the executed agreement to Santa Fe Pacific Pipeline, Attention: Craic
888 South Figueroa Street, Los Angeles, CA 90017; and to the Engineering
Attention: Put €ntezari,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carisbad
held on the 26th day of March , 1996 by the following vote, to
AYES: Council Members Nygaard, Kulchin, Finnila and Hall
NOES: None
ABSENT: Mayor Lewis
ATTEST: I
(SEAL)
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PIPELINE UTlLJTY AGREEMENT
THIS AGREEMENT, made and entered into as of the 2nd day of APRIL , l!
by and between the CllV OF CARLSBAD, a municipal corporation, hereinafter referred
"CITY", and SFPP, L.P., a limited partnership, successor in title and interest in and to all 1
rights, assets and obligations formerly held by SOUTHERN PACIFIC PIPELINES, INC., in it:
name, hereinafter referred to as "SFPP."
RECITALS
WHEREAS, CITY will design and construct the Olivenhain Road Widening, Projec
3466; and
WHEREAS, SFPP owns a pipeline which is placed in both the existing roadbed/Rit
Way and a private easement with prior rights; and
WHEREAS, CITY desires SFPP to relocate said pipeline, at City expense, to remain ir
private easement, but also within City's Right of Way as shown on SFPP
NO. E-1 22-47291 P1.
NOW, THEREFORE, CITY and SFPP do hereby agree as follows:
1. Within fifteen (15) days of plan submittal, SFPP shall relocate said pipeline il
right-of-way (hereinafter referred to as the "relocation"), in accordance with $
Drawing No. E-1 22-47291 P1,
2. The relocation shall be done at the sole direction of SFPP who shail be s(
responsible for the performance of work thereunder.
3. CITY shall pay SFPP the actual cost of the relocation. Said cost is estimate
be $86,000 including contractor's charges, equipment and materials, company labor
engineering including labor additives, as well as 20% for administrative overhead costs.
contract for the work shall be awarded and performed on a bid basis.
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4, SFPP shall cause its contractor to name the City as additional insured (
policy of insurance.
5. CITY shall deposit the estimated cost ($86,000) prior to ordering of material.
the final accounting of actual cost is completed, an itemized billing will be submitted to C
review, together with an invoice for additional cost, if any, or SFPP’s check to reconcil
difference between actual and estimated cost. SFPP shall maintain records for three years
actual costs incurred and charged or allocated to the work in accordance with generally acc
accounting principles.
6. This instrument contains the entire agreement between CIN and SFPl
respect to payment to SFPP for said relocation cost. Any agreement or representatior
expressly set forth in this instrument, are null and void.
7. This agreement shall not in any way alter, modlty or terminate any of S
superior rights in said areas.
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8. This agreement shall commence on the first set forth above and shall be in
until final payment for the pipeline adjustment work is made.
Executed by Contractor this 4th day of March 8- 19 96.
CITY OF CARLSBAD, a municipal
SFPP, LP. corporation of the State of California
SANTA FE PACIFIC PIPELINES, INC.,
It's sole E jeneral pTy
//A/ / .dl? -q n By: /A J! I/" /
" (sign here) "
W. M. White, Vice President
(print name/title) f)
By: WL (sign here)
6L - it"
U ANNE NYGAARD, MAYOR PRO-TEM
ATTEST: i ,'
ALETHA L MUTE
6. H. Devos Ill, Secretaw City Clerk
(print name/title)
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(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporatiol
only one officer signs, the corporation must attach a resolution certified by the secrets
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
peputy City Attorney
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APPROVED BY
LAW DEPT. *L-
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CALIFORNIA ALL-PU F&E ACKNOWLEDGMENT 0
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State of California
county of Los Angeles
March 4, 1996 before me, Kathlyn S. Ibaraki, a Notary Pi
Date Name and linle of Officar (e.g.. =lane Doe. Notary PuMic”)
personally appeared W. M. White and B. H. DeVos 111
Name(s) of Sdgner(s)
mersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the per:
whose name(s) islare subscribed to the within instrl
and acknowledged to me that he/she/they executc
same in his/her/their authorized capacity(ies), and t
his/her/their signature(s) on the instrument the persl
or the entity upon behalf of which the person(s) E
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
Though the information below is not required by law, it may prove valuable ro persons re/ying on the document and could PI
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
PIPELINE UTILITY AGREEMENT
0 Individual 0 Individual
0 Corporate Officer 0 Corporate Officer
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Guardian or Conservator U Guardian or Conservator
Title(s):
0 Trustee
Signer Is Representing: Signer Is Representing:
cr) Iw4 ldatwml Nolary Av,n:adlt<r - 8236 I?rmniel Ave , PO Dox 7184 * Canya Perk. CA 913U9 7184 Prod No 5907 Ikxder Call Toll
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RESOLUTION NO, 7 6-103
CALIFORNIA, APPROVING MAINTENANCE AGREEMENTS WITH THE cIr A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLS
ENClNlTAS FOR TRAFFIC SIGNAL AND MEDIAN ON OLIVENHAIN RI
PROJECT NO. 3466.
WHEREAS, the City Council of the City of Carlsbad, California, hereby finds
desirable, and in the public interest to widen Olivenhain Road; and
WHEREAS, the City of Encinitas will maintain the traffic signal at the in
El Camino Real and Olivenhain Road and invoice Carlsbad for the costs of one leg
WHEREAS, the City of Carlsbad will maintain the Olivenhain Road medii
El Camina Real and Rancho Ponderosa subdivision and invoice Encinitas
maintenance costs; and
WHEREAS, agreements with the City of Encinitas for maintenance of the traf
median island has been prepared and submitted hereto.;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is hereby authorized and directed to execute said
attached as Exhibits 5 and 6,
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3. The City Clerk of the Ctty of Carlsbad is hereby authorized and directed
a copy of the executed agreements to the City of Encinitas, Attention: Craig Tack
South Vulcan Avenue, Encinitas, CA 92024-3633; and to the Engineering Departmen
Pat Entezari.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad (
held on the 26th day of March , 1996 by the following vote, to i
AYES: Council Members Nygaard, Kulchin, Finnila and Hall
NOES: None
ABSENT: Mayor Lewis
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ATTEST:
YOR PRO-TEM
ALETHA L RAUTENKRANZ, Crty Clerk ) (SW
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
ANI) TIE CITY OF ENCI'WITAS
FOR MAINTENANCE OF A
LANDSCAPED MEDIAN ON OLIPENHAIW ROAD
THIS AGREEMENT, executed this 2nd day of Al?RIl
by and between the CITY OF CARLSWD, a municipal cor
hereinafter referred to as Varlsbad" I and the CITY OF ENC
municipal corporation, hereinafter referred to as I1Encinitasl1
TJITNESSEW
WHEREAS, Carlsbad and Encinitas desire to cobperate an
participate in the maintenance of a landscaped median on Oliver
between El Camino Real and Amargosa Drive, hereinafter refer
l'PROJECT1' : and
WHEREAS, this landscaped median is one-half within
jurisdiction, and one-half within Encinitas jurisdiction; and
WHEREAS, Carlsbad and Encinitas desire to specify herein
and conditions by which maintenance of said PROJECT shall be
and accomplished.
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NOW THEREFORE, IT IS mutually agreed by and between Cax
Encinitas as follows:
1. Carlsbad will act as the lead agency for the PROJEC plans, specifications, and all necessary COI engineering services for the PROJECT and Will m
construction of the PROJECT as set forth in a 1
executed construction agreement.
2, Upon completion and acceptance of the PROJECT, Car:
maintain the landscaped median.
3. Encinitas will reimburse Carlsbad one-half of
maintenance costs of the landscaped median. ThesE will be made to Carlsbad on a semi-annual basis up(
of the semi-annual billing from Carlsbad.
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4 Neither Encinitas nor any officer or employee thereof responsible for any damage or liability occurring by 1
anything done or omitted to be done by Carlsbad und
connection with any work, authority, or jurisdiction 1
to Carlsbad under this Agreement. It is also agre pursuant to Government Code Section 895.4, Carlsb
defend and fully indemnify and hold Encinitas harml
any liability imposed for injury (as defined by Gc Code Section 810.8) occurring by reason of anything omitted to be done by Carlsbad under or in connection
work, authority, or responsibility delegated to Carlsl
this Agreement.
5. This indemnity provision is not limited in any wa extent of any insurance policy currently in force anc
either party.
6 . This agreement may not be modified, amended, or (
changed unless by an amendment, in writing, and ex6 the parties.
IN WITNESS WHEREOF, this Agreement is executed by the
Carlsbad pursuant to action taken by its City council, and by
of Encinitas pursuant to action taken by its City Council.
- ... CITY OF -BAD CITGNITY iyj
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By: Chuck DuVivier , Mayor
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Date: ., '_ 4 "
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Attest: - Attest: : I : ' ' .;c t ci ! \
kletha L. Rautenkranz, City Cl rk Deborah Cervone, City
APPROVED As TO FORM
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~.pU'y ! Cit Attorney
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XGREEMEm 8E"EEbt TBE ClTY 68 CAM.88IB
AND THE CITY OF ENCINITAS
FOR OPERATION ANL) MAINTEWWCE OF A
TRAFFIC CONTROL 8IGNAL 8YYTEM AT THE INTERSECTION OF
EL CAMINO REAL AND OLIVENEAIN ROAD/LEUCADIA BOULEVARD
THIS AGREEMENT, executed this 2nd day of APRIL
199 6, by and between the CITY OF CARLSBAD, a municipal corporat
hereinafter referred to as llCarlsbadll, and the CITY OF ENCINI'
a municipal corporation, hereinafter referred to as "Encinita
PITNESSETH
WHEREAS, Carlsbad and Encinitas desire to cooperate
jointly participate ,in the operation and maintenance of a tra
control signal system and safety lighting at the intersection c
Camino Real and Olivenhain Road/Leucadia Boulevard, hereina
referred to as "PROJECT"; and - ...
WHEW, this four-way intersection is one-fourth wi
Carlsbad jurisdiction, and three-fourths within Encin
jurisdiction; and
WHEREAS, Carlsbad and Encinitas desire to specify herein
terms and conditions by which operation and maintenance of
PROJECT shall be financed and accomplished.
NOW THEREFORE, IT IS mutually agreed by and between Carl
and Encinitas as follows:
1. Carlsbad will act as the lead agency for the PROJ
provide plans, specifications, and all neces
construction engineering services for the PROJECT
will manage the construction of the PROJECT as set f
in a previously executed construction agreement.
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Within ten (10) days of completion of the PROJE Encinitas shall inspect all work performed on the PROJ
and determine whether the work was completed accordance with the approved plans and specificatic If, by the end of this ten (10) day period, Endnitas not notified Carlsbad in writing that the work materia varies from the approved plans, Encinitas shall be de€ to have approved the constructed PROJECT in accord2
with the plans and specifications.
Upon completion and acceptance of the PROJECT, it Wil:
the PROJECT.
Encinitas will maintain and operate the traffic cod
the responsibility of Encinitas to operate and maint
signal system and safety lighting and Will Pay the tC cost for maintenance and operation of the traffic con,
signal system and safety lighting.
Carlsbad will reimburse Encinitas one-fourth of the tc maintenance and operating costs of the traffic coni system and safety lighting. These payments will be I to Encinitas on a semi-annual basis upon receipt of
semi-annual billing from Encinitas.
Neither Encinitas nor any officer or employee the] shall be responsible for any damage or liabi: occurring by reason of anything done or omitted tc
authority, or jurisdiction delegated to Carlsbad UI this Agreement. It is also agreed that, pursuant Government Code Section 895.4, Carlsbad shall defend
fully indemnify and hold Encinitas harmless from liability imposed for injury (as defined by Govern
Code Section 810.8) occurring by reason of anything c or omitted to be done by Carlsbad under or in connect with any work, authority, or responsibility delegate(
Carlsbad under this Agreement.
Upon Encinitas' approval of the PROJECT:
Neither Carlsbad nor any officer or employee the:
shall be responsible for any damage or liabi:
occurring by reason of anything done or omitted tc
done by Encinitas under or in connection with any wc authority, or jurisdiction delegated to Encinitas UI
this Agreement, It is also agreed that, pursuant
Government Code Section 895.4, Encinitas shall defend fully indemnify and hold Carlsbad harmless from liability imposed for injury (as defined by Govern
Code Section 810.8) occurring by reason of anything ( or omitted to be done by Encinitas under or in connec'
done by Carlsbad under or in connection with any w(
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with any work, authority, or responsibility delegatel Encinitas under this Agreement.
7. This indemnity provision is hot limited in any way by extent of any insurance policy currently in force held by either party.
8 . This agreement may not be modified, amended, or other changed unless by an amendment, in writing, and exec' by the parties.
IN WITNESS WHEREOF, this Agreement is exemted by the Cit
Carlsbad pursuant to action taken by its City Council, and by
City of Encinitas pursuant to action taken by its City Counci
CITY OF -BAD CIT;% ;ITM~
By : Chuck DuVivier , Mayor
c, i- $ " Date: 4-99 6 Date:
Attest: I"ulQsd, Attest: i. t <) i : < ,<-* ~, \.>~ I, :7
Aletha L. Rauten Deborah Cervone, City
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APPROVED As TO FORM 1 ,,U,,dC, ;" ;: r
By ; / , ,b, . //'.,.?.,'., IJ f &,
Deputy" City Attorney
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April 5, 1996
Craig Robertson
Sanka Fe Pacific Pipeline
888 South Figueroa Street
Los Angeles, CA 9001'9
Re: Relocation of 10" Fuel Line - Olivenhain Road
The Carlsbad City Council, at its meeting of March 26, 19 adopted Resolution No. 96-102, approving an agreement with Santz
Pacific Pipeline for the relocation of the 10" fuel line within
SDG&E utilities easement on Olivenhain Road.
Enclosed please find an original agreement and a copy of Resolut No. 96-102 for your files.
w tg*
ALETHA L. RAUTENKRANZ City Clerk
ALR: ijp
Enclosures
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""" ." . "." ~~~~ """"" "" " 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-
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City o a
April 5, 1996
Craig Tackabery City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024-3633
Re: Relocation of 1011 Fuel Line - Olivenhain Road
The Carlsbad City Council, at its meeting of March 26, 199 adopted Resolution No. 96-103, approving agreements with the Ci
of Encinitas for the maintenance of the traffic signal and medi
on Olivenhain Road.
Enclosed please find original agreements and a copy of Resoluti.
NO. 96-103 for your files.
ALETHA Li%zL4gt.;k7 L. RAUTENKRANZ
City Clerk
ALR: ijp
Enclosures
."~ ".." ~... ~~.. ~~. . - .. ~ ~~". ~~ ".".._ __ .~___."_ __" "- __
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 134-281
"""" __."