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Home My WebLink About2002-02-19; City Council; 16558; Construction of Vista/Carlsbad Interceptor SewerCITY OF CARLSBAD - AGENDA BILL B# /6,55 li ITG. 2/19/02 m: EPT. ENG AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF VISTA FOR THE CONSTRUCTION OF THE VISTNCARLSBAD INTERCEPTOR SEWER, REACHES VCSB THROUGH VC11A RECOMMENDED ACTION: Adopt Resolution No. -&4 authorizing the Mayor to execute the agreement between the City of Carlsbad and the City of Vista for the construction of Reaches VC5B through VCIIA of the Vista/Carlsbad Interceptor Sewer. ITEM EXPLANATION: The existing Vista/Carlsbad Interceptor Sewer, Reach VC5B through VC1 IA, is aging and does not have the necessary capacity available to carry the ultimate sewage flows of Carlsbad and Vista. The City of Carlsbad ("Carlsbad") and the City of Vista ("Vista") are joint owners of the pipeline and have mutually agreed to construct a new interceptor sewer through the village area of Carlsbad and to abandon the existing sewer in-place. On January 23, 2001, the Carlsbad City Council adopted Resolution No. 2001-25 to accept bids and to award the construction contract for the Project. Carlsbad and Vista have previously entered into an agreement for the ownership, operation and the terms of the Ownership Agreement, the attached project agreement ("Project Agreement") has maintenance of the Vista/Carlsbad Interceptor Sewer ("Ownership Agreement"). In accordance with been prepared to address the terms for the construction of the Vista/Carlsbad Interceptor Sewer, Reaches VC5B through VCIIA ("Project"). This Project Agreement establishes the project specific responsibilities, the cost allocation and the payment schedule for each City. As lead agency for the Project, Carlsbad is responsible for the Project design and administration of the construction contract. As a result, Vista will make monthly payments to Carlsbad for its portion of the Project construction cost. FISCAL IMPACT: VistalCarlsbad Interceptor Sewer, Reaches VC5B though VC1 IA, and the South Carlsbad Storm This agreement clarifies the financial obligations of each city toward the construction costs of the VistalCarlsbad Interceptor Sewer, of which Carlsbad and Vista have joint ownership. The estimated Drain Project. The agreement pertains to only those costs associated with the construction of the construction cost for the Project including contingency, construction management, materials testing and inspection totals $8,830,747. Allocation of construction costs was determined by each City's capacity ownership as defined in the Ownership Agreement, with the exception that Carlsbad will pay a larger percentage of the this agreement, Vista agrees to pay its share of the estimated interceptor sewer construction cost in microtunneling and the public relations costs since it receives more direct benefit. Upon execution of $6,879,839 reduced by a credit of $177,388 resulting from previous overpayment to Carlsbad of 18 equal monthly payments to Carlsbad totaling $6,702,451 which represents Vista's cost of construction costs for Reach VC5A of the Vista/Carlsbad Interceptor Sewer. Actual project costs will be calculated at the completion of the Project and Carlsbad will invoice/reimburse Vista for the difference. I Page 2 of Agenda Bill No. / 6 I 558 The Project summary is shown below: .. ,,, , ,, ." , VISTAIcAR~~'BAD:,NTE"ORSEWER":'','~'I'.',";::;'" :,' , 1 ,.,. ,,,~,,~.'.~:,~~~~.~~~~~~~~~ PROJECT NO. 31821 ,, .. , , , .,,,, . ,,, ,. , Total appropriations . ,, $1 1,963,000 I I Design costs to date Construction of Reach VC5A $798,362 $8,830,747 Construction of Reaches VC5B to VC11A $10,731,530 Appropriations available for Reaches VC5B - VCI IA $1,231,470 Total design and Reach VC5A costs $433,108 I I Remaining Appropriations $1,900,783 There are sufficient Sewer Connection fund appropriations available for the Project. Not included in the above expenditures are costs for future environmental mitigation. Because of the lower than expected bid on this project, there are sufficient funds available for these environmental and other unexpected costs. EXHIBITS: 1. Location Map. 2. Resolution No. &Qd-OSq authorizing the Mayor to execute the agreement between the City of Carlsbad and the City of Vista for the construction of Reaches VC5B through VC11A of the Vista/Carlsbad Interceptor Sewr. 3. Project Agreement for the VistalCarlsbad Interceptor Sewer, Reaches VC5B through VC1 lA, and the South Carlsbad Storm Drain Project. 2 JISTA / CARLSBAD INTERCEPTER SEWER I CONTRACT IFIGURE \JD SOUTH CARLSBAD STORM DRAIN PROJECT I #3182/3528 1 #I 1 2 3 4 5 6 7 8 9 .lo. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-054 A RESOLUrrON OF THE CrrY COUNCIL OF THE CITY OF CARLSBAD, AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE VISTA FOR THE CONSTRUCTION OF THE VISTNCARLSBAD INTERCEPTOR SEWER. REACHES VC5B THROUGH VC1 IA. WHEREAS, the VistaICarlsbad Interceptor Sewer conveys sewage from the City of Vista VISTA) and the City of Carlsbad (CARLSBAD); and WHEREAS, reach VC5B through VCllA of the VistaICarlsbad Interceptor Sewer is xated within the City boundary of the City of Carlsbad; and WHEREAS, CARLSBAD and VISTA, as joint owners of the VistaICarlsbad Interceptor ;ewer, acknowledge the importance of upgrading its sewage facilities to protect the environment Ind public health; and WHEREAS, CARLSBAD and VISTA desire to construct a new interceptor sewer which will splace the aging and under-capacity sewer which currently exists; and WHEREAS, CARLSBAD and VISTA desire to establish a mutually agreed upon ssponsibility for the management and funding of the construction of the VistaICarlsbad iterceptor Sewer Project, Reaches VC5B through VC1 IA; and WHEREAS, there are sufficient Sewer Connection fund appropriations available for the 'roject; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, :alifornia, as follows: I. That the above recitations are true and correct. 7 7 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 2. That in the best interest of cooperation between CARLSBAD and VISTA, the City Council of the City of Carlsbad hereby authorizes the Mayor to execute the agreement between the City of Carlsbad and the City of Vista for the construction of the VistalCarlsbad Interceptor Sewer, Reaches VC5B through VC1 IA. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the -l&h day of -Y , 2002 by the following vote, to wit: , Finnila, Nygaasd, Hall J PROJECT AGREEMENT FOR WSTAlCARtSBAD INTERCEPTOR SEWER, REACHES VC5B THROUGH VCIIA AND SOUTH CARLSBAD STORM DRAIN PROJECT THIS AGREEMENT for the VistalCarlsbad Interceptor Sewer, Reaches VC5B through VCIIA, and South Carlsbad Storm Drain Project ("Agreement") is made and entered into as of the ZuD day of ?%%&ARkf , 20a, 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 FmW 22 , 2002, Vista and Carlsbad entered into an agreement for the ownership, operation and maintenance of the VistalCarlsbad Interceptor Sewer ("Ownership Agreement"), the terms of which are incorporated herein . by this reference; and WHEREAS, the Parties desire to replace reaches VC5B through VCIIA of the VistalCarlsbad Interceptor Sewer; and WHEREAS, Carlsbad has selected a design consultant and has completed the design and construction contract documents for reaches VC5B through VC1 1A of the VistalCarlsbad 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. -1 - 2/06/02 b THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING: SECTION 1. PROJECT DESCRIPTION The VistalCarlsbad Interceptor Sewer, Reaches VC 58 through VC 1 IA, and the South Carlsbad Storm Drain Project (the “Project”) is a combined sewer and storm drain project which replaces a portion of the VistalCarlsbad Interceptor Sewer from the intersection of Las Flores Drive and Jefferson Street to the north shore of the Agua Hedionda Lagoon as further shown on 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. Installation of approximately 2-miles of interceptor sewer identified herein as reaches VC5B through VCIIA, ranging in size from 36-inch to 54-inch diameter, to replace the aging and over capacity interceptor sewer. B. Utilize the microtunneling method of construction for approximately I-mile of the interceptor sewer construction in Jefferson Street and Oak Avenue. C. Construction of approximately 19 sewer manholes and junction structures. D. Abandonment of the existing interceptor sewer and manholes in-place. E. The duration of the Project is approximately 420 working days. SECTION 2. RESPONSIBILITIES OF THE LEAD AGENCY Carlsbad 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, storm drain improvements and street resurfacing which are included in the Project are the sole -2- 2/06/02 responsibility of Carlsbad unless specifically addressed below. As Lead Agency, Carlsbad shall have sole authority to approve 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. SECTION 3. ALIGNMENT OF INTERCEPTOR SEWER The alignment of the new interceptor sewer is as shown on Exhibit "A. Beginning at the north end of the Project at the Intersection of Las Flores Drive and Jefferson Street (Reach VC 5B), the new alignment parallels the existing interceptor sewer in Jefferson Street until it reaches Grand Avenue. At this location,. the existing interceptor sewer turns westerly in Grand Avenue, whereas the new interceptor sewer continues southerly in Jefferson Street to Oak Avenue, west in Oak Avenue and south in the railroad right-of-way to a location approximately 35-feet south of the connection from the North Agua Hedionda Interceptor (Reach VC IIA) where it ties into the existing interceptor at Manhole No. I as shown on the approved plans for the Project. The upper portion of Reach VC 5 (Reach VC 5A) was previously replaced through a separate agreement. SECTION 4. ABANDONMENT OF EXISTING INTERCEPTOR SEWER The existing interceptor sewer will be abandoned within the limits of the Project except in locations where removal of the interceptor is necessary to construct new facilities identified in the Project. The procedure for abandoning the interceptor sewer will be as specified in the construction contract documents for the Project. Upon completion and final acceptance of the Project, all rights and responsibilities -3- 2/06/02 related to the use or maintenance of the abandoned interceptor sewer will revert to Carlsbad. SECTION 5. CAPACITY OWNERSHIP RIGHTS Capacity ownership percentages and flow rates for each Pipeline Reach are shown in Exhibit "B" and were developed in the Ownership Agreement. The capacity rights shown reflect the increased capacity of the new interceptor sewer and the revised locations of collector sewer connections as a result of the Project. The sewer flow rates for each Party are based on projections from the City of Carlsbad Sewer Master Plan Update dated October 1997 and the City of Vista Infrastructure Review Summary and Wastewater Master Plan Update, June 2001. SECTION 6. ALLOCATION OF COSTS Design phase costs for the Interceptor were determined by prior negotiation between the Parties to be $798,362, of which Vista's share of the design costs was determined to be $535,873 and Carlsbad's share was $262,489. The Parties acknowledge that Vista has reimbursed Carlsbad for design phase services in the amount stated above. Allocation of construction related costs shall be directly related to each Party's percentage of capacity ownership as developed in the Ownership Agreement and shown in Exhibit "B". Total construction related costs shall include the construction contract and necessary and mutually beneficial change orders, construction management, inspection, and materials testing. Carlsbad shall be entitled to recover overhead costs, either the actual cost or fifteen percent (15%) of the contract amount -4- 2/06/02 for Vista's portion of the construction of the VistalCarlsbad Interceptor, excluding the cost for microtunneling, whichever is less. It is agreed by the Parties that the incremental construction cost increase to use the microtunneling method of construction rather than open trench construction for the interceptor sewer installation in Jefferson Street and Oak Avenue is $319,428. Additionally, the Parties agree that Vista will pay $125,000 towards the incremental microtunneling cost and that Carlsbad will pay the remainder. Cost overruns attributed to the microtunneling operation will be paid by Carlsbad. Since Vista's share of the microtunneling cost would have been $267,454 as allocated by their capacity ownership, a credit of $142,454 will be applied to Vista's share of the overall construction phase cost as identified in Exhibit "B". The Parties agree that Carlsbad will secure the services of a public relations consultant for the benefit of the project and that Vista will contribute $25,000 for these services and Carlsbad will pay for all other costs related to public relations. The overall cost for public relations services is estimated to be $1 15,000. Additionally, Vista will be given a credit of $177,388 for previous overpayment of construction costs for Reach VC5A of the VistalCarlsbad Inteceptor. SECTION 7. COST ACCOUNTING Carlsbad shall be responsible for the administration and accounting of all expenditures related to the construction of the Project. The Parties agree that Vista will pay their portion of the $6,702,451 in estimated construction phase costs shown in Exhibit "B to Carlsbad in eighteen (18) equal payments of $372,358. The initial payment shall be paid to Carlsbad upon Carlsbad's issuance of a Notice to Proceed to -5- 2/06/02 the Contractor and each month thereafter for a total of eighteen (18) payments. Final accounting of the costs will be made after the Project is completed and all costs are known. Carlsbad will then issue a final invoice or reimburse excess remaining funds, including interest, to Vista at that time. Carlsbad will also issue a quarterly report to Vista which will summarize the status of the project and include the following information: A. A cost accounting that will identify total Project expenditures and the portion of which is attributable to the Interceptor. B. A brief Project status which will identify progress and schedule issues, approved change orders, pending change orders and any significant project issues. Since construction management personnel will be overseeing various elements of the Project at one time, some of which are not applicable to the Interceptor construction, allocation of expenditures for construction management, inspection & materials testing, and city administration will be determined at the completion of the project as a percentage of the interceptor sewer construction cost divided by the total Project cost. SECTION 8. 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 -6- 2/06/02 SECTION 9. 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 terms 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: EDWIN W. ESTES, Mayor ATTEST: By: JO SEIBERT, City Clerk ei.simc ULORRAI . WOOD, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: J. WAYNE DERNETZ. City Attorney RONALD R. BALL, City Attorney BY: BY: Assistant City Attorney -7- 2/06/02 12 Exhibit "A" Vista/Carlsbad Interceptor Sewer Replacement Project Reaches VCSB-VCIIA .EXHIBIT "B" CONSTRUCTION PHASE COST ALLOCATION Capacity Rights ., Phase Vista Carlsbad 89.6% 10.4% 81.9% 18.1% VC7&8 I 79.4% I 20.6% ~- ~~ vc9 I 75.5% I 24.5% VClO I 74.7% I 25.3% VCllA 30.9% 69.1% Adjustment to microtunneling cost share per agreement Public Relations Services TOTAL. ,,, Credit to Vista for Drior I I payments Vista Contributlon .'- ' I ,.,< . .. Estimated Cost Sham I I Total ' , 1 Estimated Construction, . Vista costs '~ Carlsbad 1,538,399 $1,716,963 $178,564 866,767 2.605.209 536.673 2.068.536 1,060,766 191,999 OI I I 25,000 53,029 28.029 $6,879.839 1, . $1,950,908 I ' $8,830,747; I -8- 2/06/02 March 14,2002 Jo Seibert, CMC City Clerk City of Vista 600 Eucalyptus Avenue Vista. CA 92084-1988 Re: Original Agreement - VistdCarlsbad Interceptor Sewer Enclosed please find an original agreement between the Cities of Carlsbad and Vista for the VistdCarlsbad Interceptor Sewer, Reaches VCSB through VCI 1A and South Carlsbad Storm Drain Project. The original is for your files. If you have any questions, please do not hesitate to contact this office. ISABELLE PAULSEN Administrative Secretary /ijp Enclosure IL ,558 1200’ Carlsbad Village Drive Carlsbad, CA 92008-1989 (760) 434-2808 @