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HomeMy WebLinkAbout2000-02-15; City Council; 15626; Construction of Various Water Lines\ CITY OF CARLSBAD -AGENDA BILL AB# AGREEMENT BETWEEN THE CITY OF CARLSBAD / AND THE OLIVENHAIN MUNICIPAL WATER DISTRICT FOR THE MTG. 2/l 5/00 CONSTRUCTION AND RECONSTRUCTION OF VARIOUS WATER LINES AND RELATED STRUCTURES WITHIN THE DEPT. ENG CITY OF CARLSBAD AND APPROPRIATION OF ADDITIONAL FUNDS I IO -2= 0 DEPT. HD. MGR.q CITY RECOMMENDED ACTION: - . Adopt Resolution No. ab@-6dauthorizing the Mayor to execute the agreement between the City of Carlsbad and the Olivenhain Municipal Water District for the construction and reconstruction of various water lines and related structures within the City of Carlsbad and approving additional appropriations. ITEM EXPLANATION: As part of the realignment of Ranch0 Santa Fe Road it is necessary to relocate existing facilities belonging to the Olivenhain Municipal Water District (OMWD). Portions of these OMWD facilities are within road easements wherein the City of Carlsbad (CITY) has senior rights, Other portions of the OMWD facilities are within easements wherein OMWD has senior rights. In order to facilitate the road construction project OMWD is relocating portions of their facilities prior to the road project starting construction. This agreement sets forth the portions of the OMWD facilities that OMWD and CITY respectively are responsible to pay for and establishes a frame work wherein OMWD and CITY can work together to the mutual benefit of all concerned. FISCAL IMPACT: The agreement clarifies obligations toward the relocation of the existing OMWD facilities. The Engineer’s Estimate for the construction portion of the work CITY is responsible for is $685,000. With the addition of a 10% contingency, the total City deposit required by the agreement is $753,500. Additional City appropriations could be required, however, if either the lowest responsible bid exceeds the Engineer’s Estimate at opening of bids or, if upon completion of the project, an additional amount is required by a final accounting. The Ranch0 Santa Fe Road fund (proposed CFD No. 2) currently contains sufficient unallocated funds to cover the anticipated costs for the CITY portion. EXHIBITS: 1. Location Map. 2. Resolution No. o?&-13 authorizing the Mayor to execute the agreement between the City of Carlsbad and the Olivenhain Municipal Water District for the construction and reconstruction of various water lines and related structures within the City of Carlsbad. 3. Agreement between the City of Carlsbad and the Olivenhain Municipal Water District for the construction and reconstruction of various water lines and related structures within the City of Carlsbad. l,OCATION MAP LX NOTTO PROJECT SITE PROJECT NAME: PROJECT CARLSBAD / OMWD AGREEMENT NUMBER RANCH0 SANTA FE ROAD, PHASE 1 3190 EXHIBIT 1 - RESOLUTION NO. 2000-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE OLIVENHAIN MUNICIPAL WATER DISTRICT FOR THE CONSTRUCTION AND RECONSTRUCTION OF VARIOUS WATER LINES AND RELATED STRUCTURES WITHIN THE CITY OF CARLSBAD AND APPROVING ADDITIONAL APPROPRIATIONS. 6 II WHEREAS, the Olivenhain Municipal Water District (OMWD) boundary covers a portion 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the City of Carlsbad (CITY); and WHEREAS, the realignment of Ranch0 Santa Fe Road by CITY requires the relocation of facilities belonging to OMWD; and WHEREAS, CITY and OMWD acknowledge the importance of maintaining potable water service to customers of OMWD; and WHEREAS, CITY and OMWD desire to establish a mutually agreed upon responsibility for the funding, design, construction and maintenance of the relocated facilities belonging to OMWD; and WHEREAS, an additional appropriation of $753,500, representing the Engineer’s Estimate of $685,000 plus a 10% contingency, is required; and WHEREAS, there are sufficient Community Facilities District No. 2 funds available for appropriation. 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 in the best interest of cooperation between CITY and OMWD, the City Council of the City of Carlsbad hereby authorizes the Mayor to execute the agreement between the City of Carfsbad and the Olivenhain Municipal Water District for the construction and reconstruction of various water lines and related structures within the City if Carlsbad. Ill Ill Ill I 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 3. That an appropriation of Community Facilities District No. 2 funds totaling $753,500 is hereby approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 15th day of February , 2000 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin ATTEST: LORME MA. WOOD, City Clerk (SEAL) AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE OLIVENHAIN MUNICIPAL WATER DISTRICT FOR THE CONSTRUCTION AND RECONSTRUCTION OF VARIOUS WATER LINES AND RELATED STRUCTURES WITHIN THE CITY OF CARLSBAD THIS AGREEMENT, made and entered into as of the 27 day of lgj?!LL 2000, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “CARLSBAD”, and OLIVENHAIN MUNICIPAL WATER DISTRICT, a municipal corporation, hereinafter referred to as “DISTRICT”. RECITALS WHEREAS, CARLSBAD desires to realign and widen Ranch0 Santa Fe Road in the Canyon Alignment as directed by the City Council at their meeting of October 20, 1987; and, WHEREAS, the realigned and widened Ranch0 Santa Fe Road will conflict with existing DISTRICT facilities; and, WHEREAS, said road is integral to the circulation element plans for Carlsbad, and the North County Region in general and said water mains are integral to the delivery of water within the DISTRICT; and, WHEREAS, the CARLSBAD and DISTRICT desire to establish mutually agreed upon responsibilities for the funding, design, and construction for relocation of the DISTRICT facilities impacted by the realignment and widening of said road. NOW THEREFORE, in consideration of the above recitals, CARLSBAD and DISTRICT do hereby mutually and jointly agree as follows: I. RANCH0 SANTA FE ROAD REALIGNMENT: A. PROJECT DESCRIPTION Ranch0 Santa Fe Road, Phase 1 (PROJECT) involves the relocation and widening of the existing road from southerly of La Costa Avenue to approximately 1% miles north. The project involves grading of the roadbed to full prime arterial road width of 126 feet with construction of improvements varying from a full 6 traveled lanes with outside curb and gutters and sidewalks plus improved median, in the vicinity of the intersection with La Costa Avenue, to four traveled lanes with two 8-foot shoulders and median curbs, over the majority of the road northerly of La Costa Avenue. The road realignment necessitates the relocation of some DISTRICT facilities due to the incompatibility of existing structures and pipelines with the new alignment of said road. Portions of the affected DISTRICT facilities are within easements wherein the DISTRICT has senior rights, see attached Exhibit “A”. These facilities are as follows: a Pressure Reducing Station located along the west side of the new road alignment opposite road station 175+50 and portions of the pipelines leading into and out of the pressure reducing station. l Eighteen inch water transmission main (Line G) located along the southerly side of a S.D.G.& E. easement crossing the new road alignment at approximate road station 198+00. 0 Sixteen inch water transmission main (Line N) crossing the new road alignment at approximate road station 217+00. Portions of the affected DISTRICT facilities are within easements wherein the CITY has senior rights, see attached Exhibit “A”. These facilities are as follows: 0 Portions of the eighteen inch water transmission main located within the existing truck bypass right-of-way. 0 Portions of a twelve inch water main located within the existing Ranch0 Santa Fe Road right-of-way. In addition, the DISTRICT desires to construct a new sixteen inch water main in the realigned Ranch0 Santa Fe Road to connect the existing 18” main (Line G) to the existing 16” main (Line N), see attached Exhibit “A”. To facilitate construction of the PROJECT, DISTRICT has elected to proceed with a portion of their relocation work in advance of the road construction. This work entails the following items: 0 Relocation of the Pressure Reducing Station. l Construction of temporary bypass lines for the 16-inch and 18-inch water mains where they cross the new road alignment. 0 Construction of a new 18-inch water main from the temporary bypass west to existing Ranch0 Santa Fe Road. l Construction of a new 18-inch water main within a portion of existing Ranch0 Santa Fe Road. This work will herein after be termed OMWD PHASE 1. B. OMWD PHASE 1 1. DISTRICT AGREES: a) To act as lead agency for the purpose of design and environmental review and to provide all labor, materials, tools and equipment for OMWD PHASE 1, including permit acquisition, advertising, award, contract administration, Resident Engineer, material source inspection, independent assurance and specialty testing, and such other construction engineering as may be required, for satisfactory completion of OMWD PHASE 1. b) To construct OMWD PHASE 1 by contract in accordance, with plans and specifications prepared by DISTRICT and approved by Carlsbad said plans L c> d) e) 9 9) h) 0 j) k) 1) being referred to as OMWD Unit G/N Facilities Relocation, Phase 1, Account No. SD-001 -464-04. If, upon opening of bids for OMWD PHASE 1, it is found that the lowest responsible bid exceeds the Engineer’s Estimate, CARLSBAD and DISTRICT shall consult and agree upon a course of action. To establish separate OMWD PHASE 1 accounts to accumulate charges for all costs to be paid for by CARLSBAD pursuant to this Agreement. Design and inspection costs will be shared by DISTRICT and CARLSBAD based on the percent of construction cost for which each agency is responsible for. Administration costs incurred by DISTRICT and CARLSBAD will be the responsibility of the agency that incurred the cost. Upon completion of OMWD PHASE 1 and all work incidental thereto, to furnish CARLSBAD with a detailed statement of the total actual costs of construction and services for OMWD PHASE 1, including the costs of any contract claims which have been allowed to the construction contractor. DISTRICT thereafter shall refund to CARLSBAD, within 25 days, any amount of CARLSBAD’s deposits, as required by Section I.B.2.c) of this agreement, plus accrued interest and payments DISTRICT is holding after actual costs to be borne by DISTRICT have been deducted, or to bill CARLSBAD for any additional amount required to complete CARLSBAD financial obligations pursuant to this Agreement. To designate a project Resident Engineer who shall represent DISTRICT as the single point of contact for OMWD PHASE 1 administration. To consult with CARLSBAD in resolution of any contract claims associated with work. To acquire necessary right-of-way for the waterline easements to be relocated as a part of OMWD PHASE 1. To fund the costs of those waterline facilities required to be relocated as a result of the road realignment where CARLSBAD has senior rights. These items are listed on Exhibit “B” attached hereto and made a part hereof. Said costs shall include costs of providing personnel resources, design costs and including the cost of any furnished materials, supplemental work, change orders and contract claims paid to the construction contractor, and the , defense of all project related claims which may be filed by the contractor or portion of services attributed to such work applied in accordance with standard accounting procedures. The actual cost of services for OMWD PHASE 1 shall be determined after completion of all work and upon final accounting of costs. To be responsible for the operation and maintenance of water facilities belonging to DISTRICT during the construction period of the OMWD PHASE 1. To provide all rights-of-way required for construction and necessary mitigation within DISTRICT jurisdiction. To obtain and pay for any right-of-way permits needed for the work. 2. CARLSBAD AGREES: a) To designate a single project representative authorized to act on behalf of CARLSBAD in relation to contract change orders and overall coordination during construction of OMWD PHASE 1. Said representative and DISTRICT’s Resident Engineer will cooperate and consult with each other, to reach agreement on construction decisions. b) To bear the actual cost for those portions of the waterline and other facilities relocation’s that are within areas where the DISTRICT has senior rights. These items are listed on Exhibit “C” attached hereto and made a part hereof. Said costs of services shall include costs of providing design, project management, inspection and including the cost of any furnished materials, supplemental work, Carlsbad approved change orders and contract claims paid to the construction contractor. The actual cost of services for OMWD PHASE 1 shall be determined after completion of all work and upon final accounting of costs. c) To deposit with DISTRICT within thirty (30) days of award of the construction contract, a sum equal to the Engineer’s estimate cost plus 10% contingency for those facilities that are the responsibility of the CARLSBAD, as shown on Exhibit “C”. d) To pay DISTRICT upon completion of all work and within twenty-five working days of receipt of a detailed statement made upon final accounting of costs, any amount over and above the aforementioned deposits and payments required to complete CARLSBAD’s financial obligation pursuant to this Agreement. e) To review and approve or disapprove OMWD PHASE 1 plans and specifications within ten (10) days of final submittal by DISTRICT. f) Within ten (10) days of completion of OMWD PHASE 1 and notification by DISTRICT, CARLSBAD shall inspect all work performed on the PROJECT and determine whether the work was completed in accordance with DISTRICT approved plans and specifications. If by the end of this ten (10) day period, CARLSBAD has not notified DISTRICT in writing through the CMWD General Manager that the work materially varies from the approved plans, CARLSBAD shall be deemed to have accepted the OMWD PHASE 1 in accordance with the approved plans and specifications. g) To cooperate in obtaining required permits. C. RANCH0 SANTA FE ROAD PHASE 1 (PROJECT) The obligations for CARLSBAD and DISTRICT will be spelled out in an amendment to this agreement, as specified in Section VI of this agreement, at such time that all plans, specifications and cost estimates for the entire PROJECT are submitted for review to CARLSBAD AND DISTRICT. a . II. OWNERSHIP AND MAINTENANCE A. ROAD IMPROVEMENTS Upon completion of all work under this Agreement and its acceptance by CARLSBAD, ownership and title to materials, equipment, and appurtenances which are installed within CARLSBAD’s right-of-way will automatically be vested in and maintained by CARLSBAD with the exception of materials, equipment, and appurtenances which are the responsibility of the DISTRICT. CARLSBAD shall have senior rights within the road right-of-way, except in areas where DISTRICT has established senior rights by ownership of existing waterline easements. B. WATER LINE EASEMENTS Upon completion of all work under this Agreement, ownership and title to materials, equipment, and appurtenances which are installed within DISTRICT’s easements will automatically be vested in and maintained by DISTRICT. DISTRICT shall maintain senior rights within the existing water line easements where they currently have senior rights. III. LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Government Code, CARLSBAD and DISTRICT agree that each will assume the full liability imposed upon it or any of its officers, agents, or employees for injury caused by or arising out of a negligent or wrongful act or omission occurring in the performance of it’s obligations under this agreement, and each party agrees to indemnify and hold harmless the other party for any loss, cost, or expense that may be imposed upon such other party by virtue of Sections 895.2 and 895.6 of the Government Code. The indemnity provisions are not limited in any way by the extent of any policy of insurance currently in force and held by either party. All construction contracts for any project which spans the jurisdictional boundary between CARLSBAD and DISTRICT shall include indemnity provisions and insurance provisions, whereby the contractor indemnifies both CARLSBAD and DISTRICT and adds both agencies as additional insured on Insurance Policy. IV. DISPUTE RESOLUTION In the event that any dispute arises under this Agreement, the parties shall meet and confer informally in an attempt to resolve the dispute within seven (7) calendar days of the occurrence of the matter leading to the dispute. If the parties are unable to resolve the dispute within thirty (30) calendar days of the occurrence, either party may pursue its other remedies available at law or in equity. V. NOTIFICATIONS Unless otherwise specifically provided in this Agreement, all notices, demands, or other communications given hereunder will be in writing and will be deemed to have been duly delivered upon personal delivery or as of the second business day after mailing by 4 5 VI. VII. VIII. IX. X. United States mail, return receipt requested, postage prepared and addressed as follows: If to DISTRICT: David McCollom General Manager OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 Olivenhain Road Encinitas, CA 92024 If to CARLSBAD: Lloyd Hubbs Public Works Director CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008-7314 MODIFICATIONS This Agreement may not be modified, amended, or otherwise changed unless by an amendment, in writing, executed by the parties hereto. TERMINATION This Agreement shall terminate after all the street and water line improvements contemplated by this agreement have been constructed, after all payments required under this agreement have been made, and after all maintenance responsibilities for the respective street and water improvements have been assumed by the respective agencies in accordance with the terms of this agreement. However, senior rights and indemnities provided in this agreement shall remain valid and enforceable after termination. COUNTERPARTS This agreement may be executed by the CITY and DISTRICT in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument CHOICE OF LAW This agreement shall be governed by, the laws of the State of California and venue shall be proper in the San Diego Superior Court, North County Branch or such other venue as provided by law. SEVERABILITY If one or more clauses, sentences, paragraphs, provisions or terms of this agreement shall be held to be unlawful, invalid, or unenforceable, it is hereby agreed by the CITY and DISTRICT that the remainder of this agreement shall not be affected hereby. .- XI. XII. HEADINGS The headings of articles and paragraphs of this agreement are for convenience only, and no presumption or implication of the intent of the parties as to the construction of this agreement shall be drawn therefrom. COMPLETE AGREEMENT The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CARLSBAD pursuant to action taken by the City Council and by the DISTRICT pursuant to action taken by it’s Board of Directors. OLIVENHAIN MUNICIPAL WATER DISTRICT, CITY OF CARLSBAD, --------A d Ii.” ’ 101~ ’ !::I ‘,. ‘i. \L - \\ \ \ Exhibit “B” List of Items That Are the Responsibilitv of Olivenhain Municipal Water District Mobilization: Mobilization, Demobilization, Bonds, and Insurance for entire Unit G/N Facilities Relocation, Phase 1 Project, including insurance for damage caused by Earthquake and Tidal Wave. Item D-l: 0 18” PVC and Steel Pipeline Sta 12+75 to Sta 14+06 with interconnection to existing 14” waterline, combination air-vacuum assemblies, blow-off assemblies, hydrostatic pressure test and disinfection for these facilities (including all connections, temporary piping, temporary valves, test bulkheads, test equipment, chlorination equipment), all demolition, disposal, butt straps, cathodic protection and joint bonding (including all anodes, test stations, wires, and connections), design and construction of sheeting, shoring, and bracing of trenches or other provisions for worker protection from the hazard of caving ground for the work to be done, and associated appurtenances. 0 12” PVC Pipeline Sta 14+06 to Sta 25+43 with manual air-release assembly, hydrostatic pressure test and disinfection for these facilities (including all connections, temporary piping, temporary valves, test bulkheads, test equipment, chlorination equipment), all demolition, disposal, butt straps, cathodic protection and joint bonding (including all anodes, test stations, wires, and connections), design and construction of sheeting, shoring, and bracing of trenches or other provisions for worker protection from the hazard of caving ground for the work to be done, and associated appurtenances. Item D-2: l 18” Steel Pipeline Sta 29+75 to Sta 39+50 with sample port, combination aif-release valve assembly, and associated appurtenances, hydrostatic pressure test and disinfection for these facilities including all connections, temporary piping, temporary valves, test bulkheads, test equipment, chlorination equipment, cathodic protection and joint bonding (including all anodes, test stations, wires, and connections), design and construction of sheeting, shoring, and bracing of trenches or other provisions for worker protection from the hazard of caving ground for the work to be done, and appurtenant items. l Access road from Sta I+00 to Sta 3+20 including all earthwork, drainage facilities, and appurtenant items. I3 Exhibit “C” List of Items That Are the Responsibilitv of the City of Carlsbad Item C-l: 0 Pressure Reducing Station including piping, valves, relief valve discharge piping, storm drain catch basin modifications, hydrostatic pressure test and disinfection for these facilities (including all connections, temporary piping, temporary valves, test equipment, chlorination equipment), electrical and field-mounted instruments (including all electrical components and instruments for a complete and operable system), cathodic protection and joint bonding (including all anodes, test stations, wires, and connections), design and construction of sheeting, shoring, and bracing of trenches or other provisions for worker protection from the hazard of caving ground for the work to be done, and associated appurtenances. l 14” and 18” Steel pipe between Station 25+43 to Sta 25+85.82, including all piping, valves, thrust blocks and appurtenances to provide connection between new piping and exiting 14” pipeline, hydrostatic pressure test and disinfection for these facilities (including all connections, temporary piping, temporary valves, test bulkheads, test equipment, chlorination equipment), and including all demolition, disposal, butt straps, cathodic protection and joint bonding (including all anodes, test stations, wires, and connections), design and construction of sheeting, shoring, and bracing of trenches or other provisions for worker protection from the hazard of caving ground for the work to be done, and associated appurtenances. Item C-2: 18” Steel Pipeline Sta 25+85.82 to 29+75 including combination air-vacuum valve, sampling port, and appurtenances, flow meter vault with flow meter (at Sta 26+ 30), power supply, and electrical and field-mounted instruments (including all electrical components and instruments for a complete and operable system), hydrostatic pressure test and disinfection for these facilities (including all connections, temporary piping, temporary valves, test bulkheads, test equipment, chlorination equipment), cathodic protection and joint bonding (including all anodes, test stations, wires, and connections ), design and construction of sheeting, shoring, and bracing of trenches or other provisions for worker protection from the hazard of caving ground for the work to be done, and associated appurtenances. Item C-3: 18” Steel Bypass Pipeline Sta 39+50 to Sta 43~48 with 18” outlets at Sta 39+50 and at Sta 43+48, interconnection to existing 18” Unit G waterline at Sta 43+48, blow-off assembly, combination air-release valve assembly, and associated appurtenances, hydrostatic pressure test and disinfection for these facilities (including all connections, temporary piping, temporary valves, test bulkheads, test equipment, chlorination equipment), all demolition, disposal, butt straps, cathodic protection and joint bonding (including all anodes, test stations, wires, and connections), design and construction of sheeting, shoring, and bracing of trenches or other provisions for worker protection from the hazard of caving ground for the work to be done, and associated appurtenances. Item C-4: 16” Steel Bypass Pipeline Sta 1 +00 to Sta 5+69 with two 16” outlets and interconnections on existing Unit N pipeline, blow-off assemblies, combination air-release valve assembly, and associated appurtenances, hydrostatic pressure test and disinfection for these facilities (including all connections, temporary piping, temporary valves, test bulkheads, test equipment, chlorination equipment), all demolition, disposal, butt straps, cathodic protection and joint bonding (including all anodes, test stations, wires, and connections), design and construction of sheeting, shoring, and bracing of trenches or other provisions for worker protection from the hazard of caving ground for the work to be done, and associated appurtenances . May 9,200O David McCollom, General Manager OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 Olivenhain Road Encinitas, CA 92024 RE: AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE OLIVENHAIN MUNICIPAL WATER DISTRICT FOR THE CONSTRUCTION AND RECONSTRUCTION OF VARIOUS WATER LINES AND RELATED STRUCTURES WITHIN THE CITY OF CARLSBAD At the meeting of May 2,2000, the Carlsbad City Council adopted Resolution No. 2000-63, approving the above referenced agreement. Enclosed for your record is a copy of Resolution No. 2000-63, as well as a fully executed agreement for your files. If you have questions concerning the contract, please contact Lloyd Hubbs, Public Works Director, at 602-2730. Sincerely, Dee Ulrich Office of the Carlsbad City Clerk Enclosures (2) 1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-l 989 - (760) 434-2808 @