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.
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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:
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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.
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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
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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
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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:
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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.
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Page 2 of Resolution No. 2004-054
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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)
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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
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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.
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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)
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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
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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
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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.
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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
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