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Home My WebLink About2015-03-24; City Council; 21898; Agreement Southern California Gas Company Relocation Gas Line Agua Hedionda Lagoon 3492CITY OF CARLSBAD - AGENDA BILL AB# 21.898 APPROVE AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY FOR THE RELOCATION OF A 12-INCH GAS LINE AT AGUA HEDIONDA LAGOON PROJECT NO. 3492 DEPT. DIRECTOR*^. MTG. 03-24-15 APPROVE AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY FOR THE RELOCATION OF A 12-INCH GAS LINE AT AGUA HEDIONDA LAGOON PROJECT NO. 3492 CITY ATTY. fl^^ DEPT. PW-UTIL APPROVE AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY FOR THE RELOCATION OF A 12-INCH GAS LINE AT AGUA HEDIONDA LAGOON PROJECT NO. 3492 CITY MGR. 8^ RECOMMENDED ACTION: Adopt Resolution No.^^^^'^^^to approve an agreement with the Southern California Gas Company to relocate a 12-inch gas line at Agua Hedionda Lagoon, Project No. 3492. ITEM EXPLANATION: On February 10, 2015, the Carlsbad City Council adopted Resolution No. 2015-037 authorizing staff to advertise to receive bids to construct the Agua Hedionda Sewer Lift Station and Reaches VCllB through VC15 of the Vista/Carlsbad interceptor sewer system. Construction of these facilities requires the relocation of approximately 1,100 linear feet of 12-inch high pressure gas line owned by the Southern California Gas Company located within the North County Transit District right-of-way. The gas line relocation effort will be bid and constructed by the Southern California Gas Company and coordinated with the City of Carlsbad's construction activities for the sewer lift station. An agreement (Collectible Work Authorization) with the Southern California Gas Company to perform the gas line relocation is attached as Exhibit 3. The City Attorney reviewed the agreement and requested that Southern California Gas Company substitute a mutual indemnification clause in place ofthe one sided indemnification clause in the form contract. Southern California Gas Company refused, stating that the form contract has been approved by the California Public Utilities Commission (CPUC), giving rise to the presumption that the CPUC approves the allocation of risk. Since the contract is being offered on a "take it or leave it" basis and the relocation of the gas line is crucial to this project, the City Attorney considers it to be an adhesion contract, but will approve the contract as to form. FISCAL IMPACT: The cost for the gas line construction and all associated activities by the Southern California Gas Company is estimated to be $2,848,350. Since the Southern California Gas Company has senior easement rights in this area, the City of Carlsbad is responsible for paying the cost of the gas line relocation. The cost of the gas line relocation will be shared with the City of Vista as a cost to the Agua Hedionda Sewer Lift Station and Vista/Carlsbad Interceptor Sewer Project. DEPARTMENT CONTACT: Terry Smith 760-603-7354 terry.smith@carlsbadca.gov FOR SECRETARY USE. • BOARD ACTION: APPROVED • CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Agreement with Southern California Gas Company March 24, 2015 Page 2 of 2 Carlsbad's cost share of the gas line relocation is 30.9 percent of the total cost and was addressed in the Project Agreement recently approved by the City of Carlsbad and City of Vista. The Carlsbad City Council approved this agreement at a meeting held February 10, 2015 per Resolution No. 2015-039. Funding for the gas line relocation is available in the current Capital Improvement Program forthe Agua Hedionda Sewer Lift Station, Project No. 3492. ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project (PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03). The MND was adopted by the City Council on December 6, 2011, in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074. The gas line relocation was anticipated and included in the above referenced environmental document. PUBLIC NOTIFICATION: None required. EXHIBITS: 1. Resolution No. 2015-068 to approve an agreement with the Southern California Gas Company to relocate a 12-inch gas line at Agua Hedionda Lagoon, Project No. 3492. 2. Location Map. 3. Collectible Work Authorization with Southern California Gas Company. EXHIBIT 1 RESOLUTION NO. 701.^-088 20 21 22 23 WHEREAS, the Agua Hedionda Sewer Lift Station and Reaches VCllB through VC15 ofthe Vista Carlsbad Interceptor Sewer ("Project") have been identified for replacement in the current Sewer Master Plan and Capital Improvement Program; and 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AN AGREEMENT WITH THE SOUTHERN CALIFORNIA GAS COMPANY FOR THE RELOCATION OF A 12-INCH 4 GAS LINE AT AGUA HEDIONDA LAGOON, PROJECT NO. 3492. 5 6 7 8 9 WHEREAS, the Carlsbad City Council authorized staff to advertise to receive bids for the 11 Project at a meeting held February 10, 2015 in accordance with Resolution No. 2015-037; and 12 WHEREAS, it is necessary to relocate a 12-inch high pressure gas line owned by the 13 Southern California Gas Company ("Gas Company") to construct the Project in the vicinity of Agua 14 Hedionda Lagoon; and 15 WHEREAS, the Gas Company's easement has senior rights to City of Carlsbad's sewer 16 Ij easement and Carlsbad is responsible for the cost ofthe gas line relocation; and 18 WHEREAS, staff from City of Carlsbad and the Gas Company have prepared an agreement (Collectible Work Authorization) to have the 12-inch gas line relocated by the Gas Company for actual costs in an amount estimated to be $2,848,350; and WHEREAS, the City Council ofthe City of Carlsbad, California, has determined it necessary and in the public interest for the City of Carlsbad to enter into the Collectible Work Authorization 24 with the Gas Company; 25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 27 That the above recitations are true and correct. 28 " 1 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to 2 execute the Collectible Work Authorization with the Southern California Gas Company for the 12- inch gas line relocation at Agua Hedionda Lagoon in an amount estimated to be $2,848,350. // // 3 4 5 6 7 // 8 // 9 10 11 12 13 14 // 17 18 19 20 23 24 25 26 27 28 // // // // 15 // 16 // // // // 21 // 22 // // // // 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 ofthe City Council ofthe City of Carlsbad on the 24**^ day of March, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. ATTEST: BARBARA ENGLESOS/City Clerk (SEAL) ^<^\rSB/io%, LOCATION MAP • CAMINO . BEGIN' PROJECT- VC11-VC15 12" GAS LINE RELOCATION. AGUA HEDIONDA LAGOON AGUA HEDIONDA^ LIFT STATION VC12 NOT TO SCALE LEGEND: VISTA/CARLSBAD SEWER PROJECT VC11B-VC15 . VC1-VC11A ENCINA WATER POLLUTION CONTROL FACILITY- PALOMAR •cP'^ PROJECT NAME AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY FOR THE RELOCATION OF A 12-INCH GAS LINE AT AGUA HEDIONDA LAGOON PROJECT NUMBER 3492 EXHIBIT El Tke Gas Caminiir SOUTHERN CALIFORNIA GAS COMPANY COLLECTIBLE WORK AUTHORIZATION Date Prepared Estimate Prepared By Luciano Cuevas Purchaser Name and Job Address Name CITY OF CARLSBAD, c/o Mr. Terry Smifli Address 1635 FARADAY AVENUE City CARLSBAD Work Request # ML N/A WO# IO# 90585 300696397 Phone # Billing Name and Address, If Different Name CITY OF CARLSBAD, c/o Mr. Terry Smith State CA Zip 92008 760-602-2765 Address 1635 FARADAY AVENUE City CARLSBAD Phone* State CA Zip 92008 Or Federal Tax ID # Phone* . Purchaser's SS# Purchaser requests and authorizes The Gas Company to perform the foliowing work: Phase 2 - Construction phase to be executed in four phases to accommodate a new sewer pipeline, bridge and pump station. The scope ofthe project includes installing a deep well and rectifier north west from the intersection of Avenida Encinas and Camion Road, and replacmg/relocating approximately 1,100' of 12" pipeline 1026 near Agua 760-602-2765 TOTAL COMPANY LABOR TOTAL MATERIALS TOTAL THIRD PARTY CHARGES (Including Contractor Labor ) TOTAL PAVING, PERMIT, & OTHER SUBTOTAL ITCCA TOTAL ESTIMATES 124,417.00 131,338.00 2,565,777.00 26,818.00 2,848,350.00 -2,848,350.00 Purchaser agrees to pay The Gas Company the actual cost - the estimated amount is due and payable in advance and any additional Isaiance within 30 days of invoice. -The estimated cost of the Wof1< is fumished only fbr the convenience of the Purchaser. It is intended to reflect The Gas Company's geneial past experience of the cost of similar vmtk under favorable conditions. Because of unforeseen contingencies and other fectors, the actual cost may tie considerably higher or lower than this estimate- -therefore, the estimate is not a warranty by -The Gas Company of the actual cost- The actual cost shall include overhead costs contained in The Gas Company's appropriate billing fomiula. Purchaser agrees to pay within 30 days of invoice any addftional amounts whenever The Gas Company detemiines the cost of Work completed exceeds any amounts previously paid- When labor costs exceed the estimate, The Gas Company may but is not obligated to notify Purchaser, and cease all Wort< until approval for the increased cost is obtained from Purchaser. If the total actual cost is less than the deposit(s). The Gas Company will refund the difference (without interest)- Purchaser agrees that if The Gas Company brings any action to enforce the provisions of this Agreement, it shall be entitled to recover its attomey's fees and costs, in addition to any other relief to which it is entiUed- Purchaser agrees that any excavation made by Purchaser that is to be entered by Gas Company employees, agents or subcontractors shall conform to all requirements of the State of Califomia construction safety orders, particulariy the provisions of Article 6, Sections 1539 through 1547, vnhich relate to the safe construction of trenches and excavations. Purchaser further agrees to take all reasonable care in protecting The Gas Company's property from damage, including the use of procedures which will not place any undue strain on pipes dunng excavation and backfill or cause damage to pipe protective coatings. Purchaser shall indemnify, defend aid hokl hannless The Gas Company from and against any and all liability of every kind and nature for - (i) injury to or death of persons, including without lim itation employees or agents of The Gas Company or of Purchasen (ii) damage, destruction or loss, consequential or otherwise, to or of any and all property, real or personal, including without lirnitation, property of The Gas Company, Purchaser or any other person; (iii) violation of local, state or federal laws or regulations (excluding environmental laws or regulations); and (iv) including attorney's fees incun'ed in defending against such liability or enforcing this provision - resulting from or in any manner arising out of or in connection with the perfomiance of the Wort( including the indemnity obligattons imposed on The Gas Company by the owner of the Job Address if other than Purchaser, by the local jurisdiction in which the Wort( is perfomied or which issues a permit for any part of the Worii, excepting only those liabilities arising from the sole negligence or willful misconduct of The Gas Company or its agents compared to any other person. Purchaser shall indemnify, defend and hold The Gas Company hamiless from and against any and all liability (including attome/s fees incurred in defending against such liability or in enforcing this proviston) arising out of or in any way connected with the violatton of or compliance with any local, state or federal environmental law or regulation as a result of pre-existing conditions at the Job Address release or spill of any pre-existing hazardous materials or waste, or out of the management and disposal of any pre-existing contaminated soils or groundwater, hazardous or non-hazardous, removed from the ground as a result of the Worit ("Pre-Existing Environmental Liability"), including but not limited to liability for the costs, expenses and legal liability fpr the environmental investigattons, monitoring, containment, abatement, removal, repair, cleanup, restoratton, remedial wori<, penalties, and fines arising from the violation of any local, state or federal law or regulatran, attomey's fees, disbursements, and other response costs. As between Purchaser and The Gas Company, Purchaser agrees to accept full responsibility for and bear all costs associated with Pre-Existing Environmental Liability Purchaser agrees that The Gas Company may stop Wortr, terminate the Wori<, redesign it to a different location or take other action reasonably necessary to complete the Wort< without incun-ing any Pre-Existing Environmental Liability Aggregate liability ofthe City of Carlsbad for any and all claims shall be limited to the amounts paid by the City under this agreement. AGREED AND ACCEPTED (DATE)' t—y AGREED AND ACCEPTED (BATE) PURCHASER CITY OF CARLSBAD, c/o Mr. Teny Smith ( NAME OF COMPANY ) THE GAS COMPANY BY Scott Furgerson Matt Hall Mayor PURCHASER OR AUTHORIZED REPRESENTATIVE (PRINT) E OF PURCHASER OR AUTHORIZED REPRESENTATIVE ROUTING: ORIGINAL - COST ACCOUNTING, COPY - CUSTOMER. COPY - REGION FILE SOUTHERN CAUFORNIA GAS COMPANY - FORM 3011-F ( REV.4/98) "COLLAUTH"