HomeMy WebLinkAbout1999-01-12; City Council; 15010; Utility Agreement Cannon Road InterchangeP 9 0 E %
. .
p
Y
z
25 \\ ‘@
!I, % %
. .
p
2 d Y s 0
CITY OF CARLSBADKARLSBAD MUNICIPAL WATER
4B# ~fi$)~o
VITG. 01112199
3EPT. CMWD
APPROVAL AND EXECUTION OF UTILITY AGREEMENT TITLE:
FOR RECYCLED WATER AND SEWER PIPELINES AT CANNON
ROAD INTERCHANGE ON INTERSTATE 5 WITH STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION, CMWD
PROJECT NO. 88-602 AND 92-406, CITY PROJECT NO. 35341 AND
35821
CITY ATTY. b’zR-
CITY MGR.B
RECOMMENDED ACTION:
City of Carlsbad City Council: Adopt Resolution No. 99-z/ for approval and execution of utility
agreement for recycled water and sewer pipelines at Cannon Road Interchange on Interstate 5 with
State of California, Department of Transportation, CMWD Project No. 92-406, City Project No. 35821
Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. 1039 for approval and
execution of utility agreement for recycled water and sewer pipelines at Cannon Road Interchange
on Interstate 5 with State of California, Department of Transportation, CMWD Project No. 88-602,
City Project No. 35341.
ITEM EXPLANATION:
This project includes the construction of two pipelines in Cannon Road at Interstate 5. The first
pipeline is a 24-inch diameter recycled water transmission main on the south side of Cannon Road
extending from Car Country Drive west to Avenida Encinas. The other pipeline includes a 24-inch
diameter interceptor sewer on the north side of Cannon Road from Paseo Del None west to the
railroad tracks referred to as the South Agua Hedionda Interceptor Sewer, Reach SAH4.
In February, 1998, the State of California, Department of Transportation (CalTrans) awarded a
contract to construct road improvements to Cannon Road referred to as “Cannon Road Interchange
on Interstate 5 in San Diego County in Carlsbad from 1 .O kilometer south to 1 .O kilometer north of the
Cannon Road Undercrossing”. To avoid conflicts between the pipeline contractor and roadway
contractor working in the same area at the same time, CalTrans proposed to construct the recycled
water and sewer pipelines by issuing a change order with their contractor. The City of Carlsbad and
,Carlsbad Municipal Water District will reimburseCalTrans through a Utility Agreement.
A proposal containing three subcontractors bids to construct the two pipelines was submitted for
review by CalTrans. Staff reviewed the proposal and found it acceptable. A Utility Agreement was
subsequentty prepared to reimburse CalTrans for the work for the approximate amount of
$1,005,887, and a contingency of $100,000 (the City share is $349,027 plus $35,000 in
contingencies and the District share is $657,078 plus $65,000 in contingencies).
ENVIRONMENTAL REVIEW:
The potential impacts of the proposed actions were previously evaluated in the Carlsbad Ranch EIR
94-01. The project is within the scope of the prior environmental document, and no new
environmental documentation nor Public Resources Code 21081 findings are required. All feasible
mitigation measures identified in the previous EIR 94-01 which are appropriate to this proposal have
been incorporated into the project.
FISCAL IMPACT:
The change order amount submitted by CalTrans totaled $657,078 for the recycled water
transmission main. The existing appropriation is contained in the Cannon Road Transmission Main
Account No. 35341and has a balance of $1,487,028. The interceptor sewer has a change order
amount submitted by CalTrans of $349,027. The existing appropriation is contained under South
4
Agua Hedionda Interceplor Phase 1 Account No. 35821, and haJ a balance of $606,966. Therefore,
there are sufficient funds available to construct the two pipeline projects.
The distribution of City and District appropriation of funds for construction are shown below in Table 1
and 2.
TABLE 1
City of Carlsbad: Construction Costs for Reach SAH4
South Agua Hedionda Interceptor Sewer
Reach SAH4 Construction Costs
Contingencies
Total Project Costs
Existing Appropriation Balance as of November 30, 1998 $606,966
Additional Appropriation -O-
TABLE 2
Carlsbad Municipal Water District: Construction Costs for
Cannon Road Transmission Main
24-Inch Recycled Water Transmission Main
Contingencies
Total Project Costs
$657,078
Existing Appropriation Balance as of November 30,1998 $1,487,028
Additional Appropriation Required -O-
EXHIBITS:
1. Location Map.
2. Utility Agreement.
3. City of Carlsbad Resolution No. 99- 21 for approval and execution of utility agreement for
recycled water and sewer pipelines at Cannon Road Interchange on Interstate 5 with State of
California, Department of Transportation, CMWD Project No. 92-406, City Project No. 35821.
4. Carlsbad Municipal Water District Resolution No. /03? for approval and execution of utility
agreement for recycled water and sewer pipelines at Cannon Road Interchange on Interstate 5
with State of California, Department of Transportation, CMWD Project No. 88-602, City Project
No. 35341.
a: UI
SO
Z z n7 -I ;-“z a- 01 ox -1LJ-J I
35 lag WQ b -L IJ I-
.
‘/RITE IT - DON’T SAY ‘T!
Date JANUARY 22 1999
To NOTE TO FILE 0 Reply Wanted
From ONo Reply Necessary
CMWD sent us three (3) original Utility Agreements from Caltrans for processing.
Instructions from Sandy Schuck, CMWD Eng., were to return two (2) of the fully
executed agreements to CMWD. When asked, she said that CMWD would take care
of getting one of the two returned agreements to the offices of CalTrans.
On this date I returned two of the fully executed agreements to Sandy's
attention.
Kathleen Shoup
L4 T--?RICT R/W
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
- UTILITY AGREEMENT
RW 13-5 (Rev. 101951
Page 1 of 3
Dist co
11 SD
Rte
5
KP (P.M.) EA
R76.21R78.2 059104
1 (47448.6) 1 I
I Federal Aid No. :N/A I
Owners File: Change Order # 4 (2-A-8)
FEDERAL PARTICIPATION: On the Project 11 Yes No
On the Utilities [7 Yes ~No
UTILITY AGREEMENT NO. 29934 DATE SENQNW 12, VW :
The State of California acting by and through the Department of Transportation, hereinafter called “STATE” proposes
to revise the Cannon Road Interchange on Interstate 5 in San Diego County in Carlsbad from 1 .O kilometer south to 1 .O kilometer
north of the Cannon Road Undercrossing, and the City of Carlsbad, a municipal corporation, and Carlsbad Municipal Water
District, a Public Agency organ&d under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad,
hereinafter called “OWNER”, owns and maintains a twenty-four inch water transmission main and operates and maintains for the
City of Carlsbad a twenty-four inch interceptor sewer line, aud apurtenances to both, along Cannon Road within the limits of
STATE’s project. It is hereby mutually agreed that:
I. WORK TO BE DONE:
In accordance with the Change Order Number: (1 l-059104) # 4 (2-A-8), dated August 12, 1998, the STATE shall
construct OWNER’s water transmission main and sewer interceptor line as per the OWNER’s plan Nos. (88602) and
(9246), consisting of seventeen sheets, which by this refaence are made a part hereof. Deviations fi-om the
OWNER’s plan described above initiated by either the STATE or the OWNER, shall be agreed upon by both pat-tics
hereto under a Supplemental Change Order, approved by the STATE and acknowledged by the OWNER OWNER
shall have the right to inspect the work by the STATE’s contractor during construction. Upon completion of the work
by STATE , OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to STATE ownership of the replaced facilities, if any.
Il. LIABILITY FOR WORK:
The facilities described in Section I above are new facilities which must be installed during the construction of the
STATE’s project to avoid destroying the new roadway. As such, it is agreed that the cost for the installation is at
OWNER expense. .*
III. PERFORMANCE OF WORK:
OWNER shall have access to all phases of the installation work to be performed by STATE for the purpose of
inspection to ensure that the work is in accordance with the specifications contained in the Construction Change
Order #4; however, all questions regarding the work being performed will be directed to STATE’s Resident
Engineer for evaluation and final disposition.
IV. PAYMENT FOR WORK: , ‘.
It is understood and agreed that the STATE will not pay for any betterment or increased capacity of OWNER’s
facilities in the new location. It is understood that the installation as herein contemplated includes betterment to
OWNER’s facilities by reason of a new water transmission main and interceptor sewer line not previously in
conflict with the STATE’s project in the amotmt of $1,005,887.00, dated August 21, 1998.
A
UTILITY AGREEMENT (Cont.)
RW 13-5 (Rev. 10195)
Page 2 of 3
Said 100% shall be applied to the actual cost of work done. The OWNER shall pay its share of the actual cost of
said work in the agreed amount of $1,005,887.00 within 90 days after receipt of STATE’s bill, compiled on the
basis of the actual bid price of said contract. An allowance of $lOO,OOO.OO will be provided to cover
contingencies and Supplemental Change Orders.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years
from the date of the tinal bill and will be available for audit in accordance with the audit principles and standards
as set forth in 48 CPR, Chapter 1. Part 32 by STATE and/or Federal auditors.
V. GENERAL CONDITIONS:
If STATE’s project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of
work by OWNER, STATE will notify OWNER in writing and STATE reserves the right to terminate this
Agreement by Amendment, The Amendment shall provide mutually acceptable terms and conditions for
terminating the Agreement.
OWNER shall submit a Notice of Completion to the STATE within 30 days of the completion of the work
described herein.
************
I,
Invoices or Requests for Payment shall be forwarded to:
William E. Plummer, P.E.
District Engineer
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
- - _.’
UTILITY AGREEMENT (Cont.)
RW 13-5 (Rev. 10195)
Page 3 of 3
THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $00.00
CERTIFICATION OF FUNDS
I hereby certify upon my own personal knowledge &at budgeted fwls are
available for the period and pmpose of the expendhe shown here.
FUNDTYPE
Design Fun&
Construction Funds
RW Funds
EIA AMOUNT
HQ Acwmsing Officer -Me
STAT Fv AMOUNT
I I L I I I
IN WlTNEsS WHEREOF, the above parties have executed this Agreement the day and year above written.
Sara Wilson Utility Coordinator
Date:
APPROVED AS TO FORM:
RONALD R. BALL,
City Attorney/General Counsel
By:
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
RESOLUTION NO. 99-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA FOR APPROVAL AND
EXECUTION OF UTILITY AGREEMENT WITH CALTRANS
FOR CONSTRUCTION OF CANNON ROAD RECYCLED
WATER TRANSMISSION MAIN, PROJECT NO. 88-602 AND
REACH SAH4, SOUTH AGUA HEDIONDA INTERCEPTOR
SEWER PROJECT NO. 92-408, CITY PROJECT NOS. 35341
AND 35821
WHEREAS, in February, 1998, the State of California Department of Transportation
(CALTRANS) awarded a contract to construct road improvements to Cannon Road within
their right-of-way; and
WHEREAS, plans and specifications for both the Cannon Road Recycled Water
Transmission Main and Reach SAH4, South Agua Hedionda Interceptor Sewer have been
prepared by the Carlsbad engineering staff; and
WHEREAS, the State of California Department of Transportation (CALTRANS)
prepared a Utility Agreement with the City of Carlsbad and the Carlsbad Municipal Water
District to construct the recycled water and interceptor sewer pipelines projects by adding
the projects to their contractor’s work by change order; and
WHEREAS, the plans and specifications have been submitted to the Contractor for
State of California Department of Transportation (CALTRANS) to obtain a change order
proposal; and
WHEREAS, a change order in the amount of $1,005,887 for construction costs and
$100,000 for contingencies (the City share is $349,027 plus $35,000 in contingencies and
the District share is $657,078 plus $65,000 in contingencies) submitted by the State of
California Department of Transportation (CALTRANS) regarding the work and proposed
cost amount are accepted, authorization is hereby granted by the City Council to enter into
a Utility Agreement with the Carlsbad Municipal Water District and the State of California
Department of Transportation (CALTRANS) to construct the recycled water and interceptor
sewer pipelines by change order with CALTRANS Contractor; and
WHEREAS, CALTRANS, the City of Carlsbad and Carlsbad Municipal Water District
will enter into a three party contract for construction of the project by a Utility Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the plans and specifications and cost estimate for the construction of the
SAH4 Interceptor Sewer of $405,000, submitted by the Carlsbad engineering staff which are
on file with the Engineering Department are incorporated herein by reference and are
accepted.
3. That the Utility Agreement between the City of Carlsbad, the Carlsbad
Municipal Water District, and the State of California Department of Transportation
(CALTRANS) regarding the work and proposed cost amount to construct the
recycled water and interceptor sewer pipeline projects by adding the cost to their
contractor’s work by change order be approved and the Mayor, as representative of
the City of Carlsbad, is authorized and directed to execute the agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on 12th day of January ,
19x by the following vote to wit.
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
..-
NOES: None
ABSENT: None
ATTEST:
RESOLUTION NO. 1039
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD,
CALIFORNIA FOR APPROVAL AND EXECUTION OF
UTILITY AGREEMENT WITH CALTRANS FOR
CONSTRUCTION OF CANNON ROAD RECYCLED WATER
TRANSMISSION MAIN PROJECT NO. 88-602 AND REACH
SAH4, SOUTH AGUA HEDIONDA INTERCEPTOR SEWER,
PROJECT 92-408, CITY PROJECT NOS. 35341 AND 35821
WHEREAS, In February, 1998, the State of California, Department of
Transportation (CALTRANS) awarded a contract to construct road improvements to
Cannon Road within their right-of-way; and
WHEREAS, plans and specifications for both projects have been prepared by the
Carlsbad engineering staff; and
WHEREAS, the State of California Department of Transportation (CALTRANS) is
willing to execute a Utility Agreement with the City of Cartsbad and the Carlsbad Municipal
Water District to construct the recycled water and interceptor sewer pipeline projects by
adding the two projects to their contractor’s work by change order; and
WHEREAS, the plans and specifications have been submitted to the Contractor for
State of California Department of Transportation (CALTRANS) to obtain a change order
proposal; and
WHEREAS, a change order amount of $I,005887 and contingencies of $100,000
(the City share is $349,027 plus $35,000 in contingencies and the District share is
$657,078 plus $65,000 in contingencies) submitted by the State of California Department
of Transportation (CALTRANS) regarding the work and proposed cost amount are
accepted, authorization is hereby granted by the Board of Directors to enter into a Utility
Agreement with the City of Carlsbad and the State of California Department of
Transportation (CALTRANS) to construct the recycled water and interceptor sewer
pipelines by change order with CALTRANS Contractor; and
WHEREAS, CALTRANS, the City of Carlsbad, and Carlsbad Municipal Water
District will enter into a three party contract for construction of the project by a Utility
Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad
Municipal Water District of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
I 2. That the plans and specifications and cost estimate for the construction of the
~ Cannon Road Recycled Water Transmission Main of $650,000, submitted by the Carlsbad
engineering staff which are on file with the Carlsbad Municipal Water District Engineering
Department are incorporated herein by reference and are accepted.
3. That the Utility Agreement between the City of Carlsbad, the Carlsbad Municipal
Water District, and the State of California Department of Transportation (CALTRANS)
regarding the work and proposed cost amount to construct the recycled water and
interceptor sewer pipeline projects by adding the cost to their contractor’s work by change
order be approved and the President, as representative of the Carlsbad Municipal Water
District, is authorized and directed to execute the agreement.
PASSED, APPROVED AND ADOPTED at a special meeting of the Board of
Directors of the Carlsbad Municipal District of Carlsbad, California, held on 12th day of
January 19 99 by the following vote to wit: 3 -
AYES: Board Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: None
ATTEST:
KAREN R. KUNDTZ,
(SEAL)
NZ, Secretary
stant Secretary