Loading...
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 c I - AB # I'J f; '9 a 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: Q LL1 > 0 [E: n 3 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 3 0 maintenance of the traffic signal and median on Olivenhain Road. 0 a 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. 0 0 1. s LL 4 2 0 z 8 Q (5 Q- 5 Ll 4 z 0 I" < CJ 0 / / - I - sLu4 44cg I1 I- s lIn\lI ' 141rn.11 n e- b I1 0 0 II J I/ 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 4 5 6 7 8l 9 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 10 11 12 13 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: 16 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 18 19 20 21 22 23 24 25 26 I Ill Ill Ill Ill Ill Ill lli I 1 Ill 27 // 111 28 I1 Ill 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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) 1 .) , i 0 0 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. 0 0 f 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. 2 1 0 0 ! 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) \ (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 2.- z7--74- APPROVED BY LAW DEPT. *L- 3 1 CALIFORNIA ALL-PU F&E ACKNOWLEDGMENT 0 7 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 .I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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, Ill I! Ill Ill Ill Ill ill Ill 0 e * 1 2 3 4 5 6 7 8 9 10 11 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 12 13 14 15 M 16 ATTEST: YOR PRO-TEM ALETHA L RAUTENKRANZ, Crty Clerk ) (SW 17 18 19 20 21 22 23 24 25 26 27 28 -. '. * .< 0 0 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. - 1- 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. con4636 1 " * 0 0 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 )> kh c L "\.. ., .. By: Chuck DuVivier , Mayor / ,":-~ .C' Date: ., '_ 4 " *Q- f, i I- Attest: - Attest: : I : ' ' .;c t ci ! \ kletha L. Rautenkranz, City Cl rk Deborah Cervone, City APPROVED As TO FORM / ,' // ,,( ' ' /;f< By : / J ;/ a,? ( I, ~.pU'y ! Cit Attorney con4636 2 *, & 0 e 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. con4636 1 'I ,' .* ! 2. 3. 4. 5. 6a. 6b . Con4636 0 0 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( 2 .I 1. e 0 i 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 / 1 - / , '.-/ - ,-. , :j ,, r, 1. I f," APPROVED As TO FORM 1 ,,U,,dC, ;" ;: r By ; / , ,b, . //'.,.?.,'., IJ f &, Deputy" City Attorney / / con4636 3 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 \ """ ." . "." ~~~~ """"" "" " 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434- ,. 0 e 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 """" __."