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HomeMy WebLinkAbout2004-02-17; City Council; 17515; VWD & CMWD agreementAGREEMENT BETWEEN THE CITY OF CARLSBAD, CARLSBAD MUNICIPAL WATER DISTRICT AND THE VALLECITOS WATER DISTRICT FOR THE RELOCATION AND CONSTRUCTION OF RECYCLED WATER LINES WITHIN 3887 AND RANCHO SANTA FE ROAD, NORTH, PHASE 2, PROJECT NOS. 3907,3887 AND 3923 RECOMMENDED ACTION: Adopt Resolution No. 2004-054 authorizing the Mayor to execute the agreements between the City of Carlsbad, Carlsbad Municipal Water District, and the Vallecitos Water District for the relocation and construction of recycled water lines within the City of Carlsbad, Rancho Santa Fe Road North, Phase 1, Project No. 3190 and Rancho Santa Fe Road North, Phase 2, Project No. 3907. Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. authorizing the Executive Manager to execute the agreements between the City of Carlsbad, Carlsbad Municipal Water District and the Vallecitos Water District for the relocation and construction of recycled water lines within the City of Carlsbad, Rancho Santa Fe Road North, Phase 1, Project No. 3887 and Rancho Santa Fe Road North, Phase 2, Project Nos. 3887 and 3923. 1202 ITEM EXPLANATION: The Rancho Santa Fe Road project consists of the widening and realignment of approximately 2.3 miles of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. The project will be constructed in two phases: Phase 1, from La Costa Avenue to San Elijo Road; and Phase 2, from San Elijo Road to Melrose Drive. Rancho Santa Fe Road is identified in the General Plan as a prime arterial. Improving the road to meet prime arterial standards is necessary at this time to meet Growth Management Standards for the southeast area of Carlsbad. Improvements include widening the road from two lanes to six lanes, realigning the road generally to the east, and replacing the bridge structure at the San Marcos Creek crossing. Benefits of the project include reduced congestion, improved traffic flow, and increased safety for travelers on the road. Additionally, this project will improve a vital link in the North County region’s roadway network. Phase 1 includes widening and realigning approximately 1.7 miles from La Costa Avenue to San Elijo Road. Phase 1 construction was started in early 2003 and is anticipated to be complete in the summer of 2004. Phase 2 is expected to be under construction in the spring of 2004 and will complete the remaining 0.6 miles of Rancho Santa Fe Road to Melrose Drive. As part of the realignment of Rancho Santa Fe Road, it is necessary to relocate existing potable water, recycled water and sewer pipelines owned by the Vallecitos Water District (VWD). VWD elected to relocate existing pipelines within the realigned Rancho Santa Fe Road and is therefore, responsible for the majority of the cost. Carlsbad Municipal Water District (CMWD), as part of the Phase II Recycled Water Program, is upsizing a VWD 12-inch diameter recycled water line to a 24- inch diameter pipeline and is responsible for this cost. In addition, per an existing agreement with VWD dated July 1, 1978, CMWD is responsible for a portion of the costs to realign existing 20-inch and 24-inch diameter potable water lines and the Meadowlark pressure reducing station that are affected by the realignment of Rancho Santa Fe Road. The reimbursement agreements with VWD identify the costs associated with the portions of the VWD recycled water pipeline, the potable water lines and pressure reducing station and sewer pipeline that are the responsibility of VWD and CMWD, and establishes a framework wherein VWD, CMWD and the City can work together to the mutual benefit of all concerned. The VWD Board of Directors approved the reimbursement agreements at their meeting of January 7, 2004 and VWD has signed the agreements. Page 2 of Agenda Bill No. 17,515 Description WD Amount FISCAL IMPACT: The estimated costs for the construction of Rancho Santa Fe Road is summarized below: CMWD Amount Project #3887 I Project #3923 I (1) Cost included in Phase1 Phase 1 Recycled Water Main Recycled Water Main & Appurtenances TOTAL PHASE I Sufficient funds have been appropriated and are summarized below: $1 94,000 $164,000 $1 94.000 $1 64.000 I I 7- I TOTAL $44.7 million I $17.3 million I $18.5 million i $8.9 million I . Phase 2 Recycled Water Main Potable Water Main Sewer Main TOTAL PHASE 2 TOTAL The reimbursement agreements with VWD fall under the category of Other Agencies as stated above. VWD will reimburse Carlsbad at the completion of construction of each Phase for those items they are responsible for. The estimated cost of to be paid for by VWD and CMWD is shown below: $606,000 $802,000 $587,000 $1,729,000 $773,000 $2,922,000 $802,000 $773,000 $3.1 16,000 $966,000 $773,000 ENVIRONMENTAL: The City Council at their meeting on June 2, 1992, passed Resolution No. 92-152 certifying EIR No. 91-1 for both Phase 1 and Phase 2 of the Rancho Santa Fe Road project. The City Council at their meeting on April 25, 2000, passed Resolution No. 2000-128 approving Addendum No. 2 to the final EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers the realignment and widening of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. All permit and mitigation requirements have been met. Per the Habitat Conservation Plan, a qualified biologist has been retained to monitor the adjacent habitat during construction. Per the requirements of the California Department of Fish and Game (CDFG) 1601 Permit, a Habitat Mitigation Plan is being prepared based on the conceptual plan approved by CDFG and will be implemented concurrent with construction. 17,515 Page 3 of Agenda Bill No. EXHl BITS: 1. 2. 3. 4. 5. Location Map. Resolution No. 2004-054 of the City Council of the City of Carlsbad, California, authorizing the Mayor to execute the agreement between the City of Carlsbad, Carlsbad Municipal Water District, and the Vallecitos Water District for the relocation and construction of a recycled water line within the City of Carlsbad, Rancho Santa Fe Road North, Phase 1, Project No. 3190 and Rancho Santa Fe Road North, Phase 2, Project No. 3907. Resolution No. 1202 of the Board of Directors of Carlsbad Municipal Water District, authorizing the Executive Director to execute the agreement between the City of Carlsbad, Carlsbad Municipal Water District and the Vallecitos Water District for the relocation and construction of a recycled water line within the City of Carlsbad, Rancho Santa Fe Road North, Phase 1, Project No. 3887 and Rancho Santa Fe Road North, Phase 2, Project Nos. 3887 and 3923. Agreement between the City of Carlsbad, Carlsbad Municipal Water District and the Vallecitos Water District for the relocation and construction of a recycled water line within the City of Carlsbad, Rancho Santa Fe Road North, Phase 1 , Project Nos. 3190 and 3887. Agreement between the City of Carlsbad, Carlsbad Municipal Water District and the Vallecitos Water District for the relocation and construction of a recycled water line within the City of Carlsbad, Rancho Santa Fe Road North, Phase 2, Project Nos. 3907,3887 and 3923. 3 LOCATION MAP NOT TO SCALE PROJECT EXHIBIT NUMBERS 3907 3887 & 5929 I NAME RANCHO SANTA FE ROAD PHASES I & I/ DRAW BY: SCOl7 EVANS CARLBAD ENGINEERING DEPT. 9/17/03 C: \CAFlTAL\HElAiING\3907-2887-3929.DW 4 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. 2004-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS BETWEEN THE CITY OF CARLSBAD, CARLSBAD MUNICIPAL WATER DISTRICT, AND THE VALLECITOS WATER DISTRICT FOR THE RELOCATION AND CONSTRUCTION OF RECYCLED WATER LINES WITHIN THE CITY OF CARLSBAD, RANCHO SANTA FE ROAD NORTH, PHASE 1, PROJECT NO. 3190 AND RANCHO SANTA FE ROAD NORTH, PHASE 2. PROJECT NO. 3907. WHEREAS, the Vallecitos Water District (“WVD”) service area boundary covers a portion of the City of Carlsbad (“CITY”); and WHEREAS, the realignment and widening of Rancho Santa Fe Road by CITY requires the relocation of a portion of; an existing 12-inch diameter recycled water pipeline, portions of existing 20-inch and 27-inch diameter potable water pipelines, portions of an existing 24-inch diameter sewer pipeline, and reconstruction of two existing pressure reducing stations all belonging to WD; and WHEREAS, VWD desires to relocate additional portions of the existing 12-inch diameter recycled water pipeline, 24-inch diameter potable water pipeline and 24-inch diameter sewer pipeline within the realigned Rancho Santa Fe Road; and WHEREAS, the Carlsbad Municipal Water District (CMWD) is the sole customer of VWD For recycled water; and WHEREAS, CMWD desires to upsize the VWD 12-inch diameter recycler water pipeline to a 24-inch diameter pipeline; and WHEREAS, CMWD, by prior agreement with VWD, is responsible for portions of the cost of the 20-inch and 24-inch diameter potable water pipelines and one of the pressure reducing stations, and WHEREAS, CITY, CMWD, and WVD acknowledge the importance of maintaining and improving potable water and recycled water service to customers of CMWD; and Ill Ill 5 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 WHEREAS, CITY, CMWD, and VWD desire to establish a mutually agreed upon responsibility for the funding, design, construction and upsizing of the relocated recycled water pipeline belonging to VWD; and WHEREAS, City, CMWD, and WD desire to establish a mutually agreed upon responsibility for the funding, design, construction and maintenance of the portable water pipelines and pressure reducing station; and WHEREAS, there are sufficient funds available in the project account for completion of this project; and WHEREAS, based on the City Council approved Environmental Impact Report and addendums thereto and the approved Habitat Conservation Plan for the Rancho Santa Fe Road realignment and widening, there will be no additional significant effect, not analyzed therein, and no new or additional mitigation measures are required; therefore, no new environmental document is required. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That in the best interest of cooperation between CITY, CMWD, and VWD, the City Council of the City of Carlsbad hereby authorizes the Mayor to execute the agreements between the City of Carlsbad, Carlsbad Municipal Water District, and the Vallecitos Water District for the relocation and construction of a recycled water line within the City of Carlsbad, Rancho Santa Fe Road North, Phase 1, Project No. 3190 and Rancho Santa Fe Road North, Phase 2, Project No. 3907. Ill Ill Ill Ill Ill Ill Page 2 of Resolution No. 2004-054 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council ield on the 17th day of February , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard / 4TTEST -0yINE 31. WOOD, City Clerk Page 3 of Resolution No. 2004-054 (SEAL) 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. 1202 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) AUTHORIZING THE EXECUTIVE MANAGER TO EXECUTE THE AGREEMENTS BETWEEN THE CITY OF CARLSBAD, CARLSBAD MUNICIPAL WATER DISTRICT, AND THE VALLECITOS WATER DISTRICT FOR THE RELOCATION AND CONSTRUCTION OF RECYCLED WATER LINE WITHIN THE CITY OF CARLSBAD, RANCHO SANTA FE ROAD NORTH, PHASE 1, PROJECT NO. 3887 AND RANCHO SANTA FE ROAD NORTH, PHASE 2, PROJECT NOS. 3887 AND 3923. WHEREAS, the Carlsbad Municipal Water District (CMWD) is the sole customer of the Vallecitos Water District (“VWD”) for recycled water; and WHEREAS, the realignment and widening of Rancho Santa Fe Road by the City of Carlsbad (CITY) requires the relocation of a portion of an existing 12-inch diameter recycled water pipeline belonging to VWD; and WHEREAS, VWD desires to relocate additional portions of the existing recycled water pipeline within the realigned Rancho Santa Fe Road; and WHEREAS, CMWD desires to upsize the VWD 12-inch diameter recycler water pipeline to 3 24-inch diameter pipeline; and WHEREAS, CMWD, by prior agreement with VWD, is responsible for portions of the cost Df the 20-inch and 24-inch diameter potable water pipelines and one of the pressure reducing stations; and WHEREAS, CITY, CMWD and VWD acknowledge the importance of maintaining and mproving potable water and recycled water service to customers of CMWD; and WHEREAS, CITY, CMWD and VWD acknowledge the importance of maintaining and mproving recycled water service to customers of CMWD; and WHEREAS, CITY, CMWD and VWD desire to establish a mutually agreed upon ’esponsibility for the funding, design, construction and upsizing of the relocated recycled water iipeline belonging to WD; and 71 71 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 i WHEREAS, City, CMWD and VWD desire to establish a mutually agreed upon responsibility for the funding, design, construction and maintenance of the portable water pipelines and pressure reducing station; and WHEREAS, there are sufficient funds available in the project account for completion of this project; and WHEREAS, based on the approved Environmental Impact Report and addendums thereto and the approved Habitat Conservation Plan for the road realignment and widening, there will be no additional significant effect, not analyzed therein, and that no new or additional mitigation measures are required; therefore no new environmental document is required. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Water District (CMWD) of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That in the best interest of cooperation between CITY, CMWD and VWD, the Secretary of the Carlsbad Municipal Water District is hereby authorized to execute the agreements between the City of Carlsbad, Carlsbad Municipal Water District and the Vallecitos Water District for the relocation and construction of a recycled water line within the City of Carlsbad, Rancho Santa Fe Road North, Phase 1, Project No. 3887 and Rancho Santa Fe Road North, Phase 2, Project Nos. 3887 and 3923. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 17th day of February , 2004 by the following vote, to wit: AYES: Board Members Lewis, Finnila, Kulchin, Hall and Packard ATTEST , &ge 2 of Resolution No. 1202 (SEAL) 9 AGREEMENT BETWEEN THE CITY OF CARLSBAD, CARLSBAD MUNICIPAL WATER DISTRICT, AND THE VALLECITOS WATER DISTRICT FOR THE CONSTRUCTION AND RECONSTRUCTION OF RECYCLED WATER LINES AND RELATED STRUCTURES, RANCHO SANTA FE ROAD NORTH, PHASE 1, PROJECT NOS. 3190 AND 3887 THIS AGREEMENT, made and entered into as of the /P #2 day of kL , 2004, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "CARLSBAD", CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporation, hereinafter referred to as "CMWD", and VALLECITOS WATER DISTRICT, a County Water District, hereinafter referred to as "DISTRICT", (collectively the "Parties"). RECITALS WHEREAS, CARLSBAD desires to realign and widen Rancho Santa Fe Road ("ROAD") in the Canyon Alignment as directed by the City Council at their meeting of October 20, 1987; and WHEREAS, the ROAD is integral to the traffic circulation element plans for CARLSBAD and the North County Region in general; and WHEREAS, the realigned and widened ROAD will conflict with an existing DISTRICT 12" recycled water pipeline; and WHEREAS, DISTRICT desires to realign the existing 12" recycled water pipeline within the alignment of the ROAD: and WHEREAS, CMWD desires to increase the size of the DISTRICT'S existing 12" recycled water pipeline to 24" and construct a 30" recycled water pipeline for the purpose of CMWD's Phase II Recycled Water Program; and WHEREAS, CARLSBAD, CMWD 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 the ROAD. NOW, THEREFORE, in consideration of the above recitals, CARLSBAD, CMWD and DISTRICT do hereby mutually agree as follows: 1. RANCHO SANTA FE ROAD REALIGNMENT: A. PROJECT DESCRIPTION Rancho Santa Fe Road North, Phase 1 (“PROJECT) involves the relocation and widening of the existing Road from southerly of La Costa Avenue northward for approximately I % miles, as shown on Exhibit “A, attached hereto and made a part hereof. The PROJECT involves grading of the roadbed to full prime arterial road width of 126 feet with construction of improvements including six traveled lanes, two 8-foot shoulders, with outside curb and gutters and sidewalks, plus improved median. The ROAD crosses the existing recycled water pipeline in two locations. The profile of the ROAD is such that additional fill would be required on the existing recycled water pipeline. The existing recycled water pipeline is not designed to handle the existing loading that would result from the additional fill. Both crossings are in areas where the DISTRICT has senior rights. CMWD will upsize the DISTRICT’S 12” recycled water pipeline to 24” for the purposes of utilizing Mahr Reservoir to provide seasonal storage for the Phase II Recycled Water Program. The maintenance, operation and capacity rights of the upsizing of this pipeline is discussed in a separate agreement between CMWD and DISTRICT. B. CARLSBAD AGREES: 1. To act as lead agency for the purpose of design and environmental review and to provide all labor, materials, tools and equipment for PROJECT. As lead agency CARLSBAD will handle 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 PROJECT. 2. To construct PROJECT by contract in accordance, with plans and specifications prepared by CARLSBAD with assistance from CMWD and DISTRICT and approved by CMWD and DISTRICT, said plans being referred to as Improvement Plans for Rancho Santa Fe Road North, Phase 1, City of Carlsbad Drawing No. 368-2. 3. To advertise for construction bids after CARLSBAD has received written approval from CMWD and DISTRICT of plans, specifications and estimates. 4. To establish separate PROJECT accounts to accumulate charges for all costs to be paid for by CMWD and DISTRICT pursuant to this Agreement. 5. To receive from CMWD and DISTRICT designated PROJECT representative prior approval of all change orders, affecting CMWD and DISTRICT facilities, before implementation, except when necessary for the safety of motorists and/or pedestrians or for the protection of property. 6. Upon completion of PROJECT and all work incidental thereto, to furnish CMWD and DISTRICT with a detailed statement of the total actual costs of construction and services for PROJECT, including the costs of any contract claims which have been allowed to the construction contractor. 2 Jan. 2,2004 7. To designate a project Resident Engineer who shall represent CARLSBAD as the single point of contact for PROJECT administration. 8. To consult with CMWD and DISTRICT in resolution of any contract claims associated with PROJECT work. 9. To acquire and pay for all necessary rights-of-way for the road and waterline easements, to the satisfaction of DISTRICT, for those lines, including access roads required to be relocated in which the DISTRICT has senior rights. IO. To fund the costs of those recycled waterline facilities required to be relocated as a result of the Road realignment where the DISTRICT has senior rights as listed in Section I.A. above and as shown under CARLSBAD on Exhibit “B”, attached hereto and made a part hereof. The faclilites relocation costs shall be based on the unit costs for the items as shown on the successful bidder’s Bid Schedule. Said costs shall include providing personnel resources, design costs and any furnished materials, supplemental work, approved 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 PROJECT shall be determined after completion of all work and upon final accounting of costs. 11. To provide District with as-built drawings with any changes within 60 days of completion of the Project. C. CMWD AGREES: 1. 2. To fund the cost of upsizing DISTRICT’S 12” recycled water pipeline to a 24” recycled water pipeline as shown under the CMWD column on Exhibit “B”. To enter into a seperate agreement with DISTRICT to address maintenance, operations and capacity rights for the recycled water pipeline. C. D I STRl CT AGREES: 1. To designate a single project representative authorized to act on behalf of DISTRICT in relation to contract change orders and overall PROJECT coordination. All final decisions that pertain to or affect any DISTRICT easements or facilities will be made soley by the DISTRICT except when necessary for the safety of motorists and/or pedestrians or for the protection of property. Where a decisions affects both DISTRICT easements or facilities and is necessary for the safety of motorists and/or pedestrians or to protect property, CARLSBAD and the DISTRICT shall agree on the final decision. All final decisions on the PROJECT that do not pertain to or affect any DISTRICT facilities, easements, or contributions will be made soley by CARLSBAD. Decisions that affect DISTRICT contributions will be made jointly by CARLSBAD and DISTRICT. DISTRICT shall respond in a timely manner in all cases requiring a decisions by DISTRICT. District shall be responsible for justified costs incurred by the contractor resulting from delays due to non responsiveness on the part of District. 3 Jan. 2,2004 2. 3. 4. 5. 6. 7. 8. 9. To relinquish to CARLSBAD DISTRICT’S rights in the maintenance and operation of the construction zone within the boundaries of DISTRICT for the duration of construction and authorizes CARLSBAD to act as DISTRICT’S authorized agent to direct contractor for traffic control, signal timing, and other measures deemed necessary for construction and administration of the PROJECT. To bear the actual cost for those portions of the recycled waterline and other facilities relocation’s that are to be placed within the relocated ROAD. These facilities are shown under DISTRICT on Exhibit “B”. Said costs of services shall include design, project management, and 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 PROJECT shall be determined after completion of all work and upon final accounting of costs. To be responsible for the operation and maintenance of recycled water facilities belonging to DISTRICT during the construction period of the PROJECT. To pay CARLSBAD 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 DISTRICT’S financial obligation pursuant to this Agreement. To provide all rights-of-way required for construction and necessary mitigation within DISTRICT jurisdiction. To provide comments or approve PROJECT plans and specifications change orders affecting District work within ten working (IO) days of submittal by CARLSBAD. Within ten working (IO) days of completion of the PROJECT and notification by CARLSBAD, DISTRICT 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 (IO) day period, DISTRICT has not notified CARLSBAD in writing through the City Engineer that the work materially varies from the approved plans, DISTRICT shall be deemed to have accepted the PROJECT in accordance with the approved plans and specifications. To cooperate in obtaining required permits. IO. To expeditiously review and approve any required permits for construction of PROJECT within jurisdiction. 4 Jan. 2,2004 II. OWNERSHIP AND MAINTENANCE A. ROAD IMPROVEMENTS Upon completion of all work under this Agreement, 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. B. RECYCLED 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. Ill. LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Government Code, CARLSBAD, CMWD 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 accruing 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, CMWD and DISTRICT shall include indemnity provisions and insurance provisions, whereby the contractor indemnities both CARLSBAD, CMWD and DISTRICT and adds all agencies as additional insured on Insurance Policy. IV. 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 United States mail, return receipt requested, postage prepared and addressed as follows: If to DISTRICT: William W. Rucker General Manager VALLECITOS WATER DISTRICT 201 Vallecitos de Oro San Marcos, CA 92069 If to CARLSBAD and/or CMWD: Lloyd Hubbs Public Works Director CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 5 Jan. 2,2004 V. MOD I F I CAT1 0 N S This Agreement may not be modified, amended, or otherwise changed unless by an amendment, in writing, executed by the parties hereto. VI. 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. VII. COUNTERPARTS This agreement may be executed by the CARLSBAD, CMWD 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 VIII. 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. IX. 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 CARLSBAD, CMWD and DISTRICT that the remainder of this agreement shall not be affected hereby. X. 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. XI. 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. 6 Jan. 2,2004 IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CARLSBAD pursuant to action taken by its City Council, by the Carlsbad Municipal Water District pursuant to action taken by its Board of Directors and by the Vallecitos Water District pursuant to action taken by its Board of Directors. VALLECITOS WATER DISTRICT, a County Water District / 3 oy <L-y f&A..-- DALE MASON, President DATE: ATTEST: ATTEST: \-Aim \-*m WILLIAM W. RUCKER, Board Secretary City Clerk VALLECITOS WATER DISTRICT APPROVED AS TO FORM: APPROVED AS TO FORM: RONALD R. BALL City Attorney A CARLWAD MU N I CI ~d ~ATER DISTRICT, ATTEST: . &*% - -. Secretary CARLSBAD MUNICIPAL WATER DISTRICT APPROVED AS TO FORM: Jan. 2,2004 EXHIBIT "'A" - : .... 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' ..... * .... 0.. ........ ........ .... l.. ............................................ < .....,..... .... t17INi-i- ih iV iNiNiN ........ ........ ........ ........ ...... ...... ...... ...... ...... ...... .... ................................................. .... ..... ee0 s s! c e c s x 0 w w- e 7 v z g- rz W W 8 2 W (3 z z 3 W I AGREEMENT BETWEEN THE CITY OF CARLSBAD, CARLSBAD MUNICIPAL WATER DISTRICT, AND THE VALLECITOS WATER DISTRICT FOR THE CONSTRUCTION AND RECONSTRUCTION OF RECYCLED WATER LINES AND RELATED STRUCTURES, RANCHO SANTA FE ROAD NORTH, PHASE 2, PROJECT NOS. 3907,3887, AND 3923 THIS AGREEMENT, made and entered into as of the /9m day of , 2004, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as 'CARLSBAD'l CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporation, hereinafter referred to as 'CMWD', and VALLECITOS WATER DISTRICT, a County Water District, hereinafter referred to as "DISTRICT", (collectively the "Parties"). RECITALS WHEREAS, CARLSBAD desires to realign and widen Rancho Santa Fe Road North ("ROAD') in the Canyon Alignment as directed by the City Council at their meeting of October 20, 1987; and WHEREAS, the ROAD is integral to the traffic circulation element plans for CARLSBAD and the North County Region in general; and WHEREAS, the realigned and widened ROAD will conflict with an existing DISTRICT facilities including, but not limited to, the following: 12" recycled water pipeline, 24" sewer main, various water mains and two pressure reducing stations; and WHEREAS, DISTRICT desires to realign and relocate the existing facilities within the alignment of the ROAD; and WHEREAS, CMWD desires to increase the size of the DISTRICT'S existing 12" recycled water pipeline to 24" and construct a 30" recycled water pipeline for the purpose of CMWD's Phase II Recycled Water Program; and WHEREAS, CARLSBAD, CMWD 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 the ROAD. NOW THEREFORE, in consideration of the above recitals, CARLSBAD, CMWD and DISTRICT do hereby mutually agree as follows: I. RANCHO SANTA FE ROAD NORTH REALIGNMENT: A. PROJECT DESCRIPTION Rancho Santa Fe Road North, Phase 2 (“PROJECT”) involves the relocation and widening of the existing Road from the realigned San Elijo Road northward for approximately 314 miles to the new intersection of Rancho Santa Fe Road and Melrose Drive as shown on Exhibit “A” attached hereto and made a part hereof. The PROJECT involves grading of the roadbed to full prime arterial road width of 126 feet with construction of improvements including two bridges over San Marcos Creek, six traveled lanes, two 8-foot shoulders, with outside curb and gutters and sidewalks, improved median,. CMWD will upsize the DISTRICT’S 12” recycled water pipeline to 24” for the purposes of utilizing Mahr Reservoir to provide seasonal storage for the Phase II Recycled Water Program and will add a 30” recycled water pipeline in Rancho Santa Fe Road from approximately La Costa Meadows Drive north to Melrose Drive and along Melrose Drive to. The maintenance, operation and capacity rights of the upsizing of this pipeline is discussed in a separate agreement between CMWD and DISTRICT. A. CARLSBAD AGREES: 1. To act as lead agency for the purpose of design and environmental review and to provide all labor, materials, tools and equipment for PROJECT. As lead agency CARLSBAD will handle 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 PROJECT. 2. To construct PROJECT by contract in accordance, with plans and specifications prepared by CARLSBAD with assistance from CMWD and DISTRICT and approved by CMWD and DISTRICT, said plans being referred to as Improvement Plans for Rancho Santa Fe Road North, Phase 2, City of Carlsbad Drawing No. 368-28 (“Plans”). 3. To advertise for construction bids after CARLSBAD has received written approval from CMWD and DISTRICT of plans, specifications and estimates. 4. If, upon opening of bids for PROJECT, it is found that the lowest responsible bid exceeds the Engineer’s Estimate, CARLSBAD, CMWD and DISTRICT shall consult and agree upon a course of action consistent with local and state law. 5. To establish separate PROJECT accounts to accumulate charges for all costs to be paid for by CMWD and DISTRICT pursuant to this Agreement. 6. To receive from CMWD and DISTRICT designated PROJECT representative prior approval of all change orders, affecting CMWD and DISTRICT facilities, 2 Jan. 2,2004 before implementation, except when necessary for the safety of motorists and/or pedestrians or for the protection of property. 7. Upon completion of PROJECT and all work incidental thereto, to furnish CMWD and DISTRICT with a detailed statement of the total actual costs of construction and services for PROJECT, including the costs of any contract claims which have been allowed to the construction contractor. 8. To designate a project Resident Engineer who shall represent CARLSBAD as the single point of contact for PROJECT administration. 9. To consult with CMWD and DISTRICT in resolution of any contract claims associated with PROJECT work. IO. To acquire and pay for all necessary rights-of-way for the road and waterline easements, to the satisfaction of DISTRICT, for those lines required to be relocated in which the DISTRICT has senior rights. 11. To fund the costs of those recycled waterline facilities required to be relocated as a result of the Road realignment where the DISTRICT has senior rights as listed in Section I.A. above and as shown under CARLSBAD on Exhibit “B”, attached hereto and made a part hereof. The faclilites relocation costs shall be based on the unit costs for the items as shown on the successful bidder’s Bid Schedule. Estimated unit costs for budget purposes are shown on Exhibit “B”. Said costs shall include providing personnel resources, design costs and 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 PROJECT shall be determined after completion of all work and upon final accounting of costs. 12. To provide DISTRICT with quarterly statements showing the cost of DISTRICT facilities constructed within that time period plus 2% materials testing and 5% contract administration and construction support. 13. To provide DISTRICT with as-built drawings with any changes within 60 days of completion of the project as signified by the filing of a notice of completion by CARLSBAD. B. CMWD AGREES: 1. To fund the cost of upsizing DISTRICT’S 12” recycled water pipeline to a 24” recycled water pipeline as shown under the CMWD column on Exhibit “B”. To fund the cost of the 30” recycled water main and metering equipment. 2. To pay for the construction of a 30” recycled water pipeline and meter as shown on the Plans. 3. To enter into a seperate agreement with DISTRICT to address maintenance, operations and capacity rights for the 24” recycled water pipeline. 3 Jan. 2.2004 C. DISTRICT AGREES: 1. To designate a single project representative authorized to act on behalf of DISTRICT in relation to contract change orders and overall PROJECT coordination. All final decisions that pertain to or affect any DISTRICT easements or facilities will be made soley by the DISTRICT except when necessary for the safety of motorists and/or pedestrians or for the protection of property. Where a decisions affects both DISTRICT easements or facilities and is necessary for the safety of motorists and/or pedestrians or to protect property, CARLSBAD and the DISTRICT shall agree on the final decision. All final decisions on the PROJECT that do not pertain to or affect any DISTRICT facilities, easements, or contributions will be made soley by CARLSBAD. Decisions that affect DISTRICT contributions will be made jointly by CARLSBAD and DISTRICT. DISTRICT shall respond in a timely manner in all cases requiring a decisions by DISTRICT. DISTRICT shall be responsible for justified costs incurred by the contractor resulting from delays due to non responsiveness on the par tof DISTRICT. 2. To relinquish to CARLSBAD DISTRICT’S rights in the maintenance and operation of the construction zone within the boundaries of DISTRICT for the duration of construction and authorizes CARLSBAD to act as DISTRICT’S authorized agent to direct contractor for traffic control, signal timing, and other measures deemed necessary for construction and administration of the PROJECT. 3. To bear the actual cost for those portions of the recycled waterline and other facilities relocation’s that are to be placed within the relocated ROAD. These facilities are shown under DISTRICT on Exhibit “B”. Said costs of services shall include design, project management, 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 PROJECT shall be determined after completion of all work and upon final accounting of costs. 4. To be responsible for the operation and maintenance of recycled water facilities belonging to DISTRICT during the construction period of the PROJECT. 5. To pay CARLSBAD 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 DISTRICT’S financial obligation pursuant to this Agreement. 6. To provide all rights-of-way required for construction and necessary mitigation within DISTRICT jurisdiction. 7. To provide comments or approve PROJECT plans and specifications within ten working (IO) days of final submittal by CARLSBAD. 4 Jan. 2,2004 8. Within ten working (IO) days of completion of the PROJECT and notification by CARLSBAD, DISTRICT 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 (IO) day period, DISTRICT has not notified CARLSBAD in writing through the City Engineer that the work materially varies from the approved plans, DISTRICT shall be deemed to have accepted the PROJECT in accordance with the approved plans and specifications. 9. To cooperate in obtaining required permits. IO. To expeditiously review and approve any required permits for construction of PROJECT within jurisdiction. II. OWNERSHIP AND MAINTENANCE A. ROAD IMPROVEMENTS Upon completion of all work under this Agreement, 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. B. RECYCLED 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. Ill. LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Government Code, CARLSBAD, CMWD 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 accruing 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, CMWD and DISTRICT shall include indemnity provisions and insurance provisions, whereby the contractor indemnities both CARLSBAD, CMWD and DISTRICT and adds all agencies as additional insured on Insurance Policy. 5 Jan. 2,2004 IV. 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 United States mail, return receipt requested, postage prepared and addressed as follows: If to DISTRICT: William W. Rucker General Manager VALLECITOS WATER DISTRICT 201 Vallecitos de Oro San Marcos, CA 92069 If to CARLSBAD and/or CMWD: Lloyd Hubbs Public Works Director CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 V. MODIFICATIONS This Agreement may not be modified, amended, or otherwise changed unless by an amendment, in writing, executed by the parties hereto. VI. 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. VII. COUNTERPARTS This agreement may be executed by the CARLSBAD, CMWD 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. V111. 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. 6 Jan. 2,2004 IX. SEVERABI LlTY X. XI. 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 CARLSBAD, CMWD and DISTRICT that the remainder of this agreement shall not be affected hereby. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 Jan. 2,2004 IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CARLSBAD pursuant to action taken by its City Council, by the Carlsbad Municipal Water District pursuant to action taken by its Board of Directors and by the Vallecitos Water District pursuant to action taken by its Board of Directors. VALLECITOS WATER DISTRICT, a County Water District f? )z (j&oA- DALE MASON, President DATE: ATTEST: ATTEST: wa WILLIAM W. RUCKER. City Clerk U Board Secretary VALLECITOS WATER DISTRICT APPROVED AS TO FORM: APPROVED AS TO FORM: RONALD R. BALL City Attorney B &LQDL Bepaty City Attorney Hrs /&a U N IC1 PAL WA CLAUDE A. LEW DATE: ATTEST: CARLSBAD MUNICIPAL WATER DISTRICT APPROVED AS TO FORM: By: RON BALL, 8 Jan. 2,2004 cn w $ a z 3 k 0 m I 5 .... ... ... : - ... .... ... : j I: I! Ii :if; .... .... .... .... :::: .... ... .. ::.: ,++&9{* : ,i ,; ,! .... .... .... ..I.....,.... .I .... 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