HomeMy WebLinkAbout2015-05-05; City Council; 21949; Reimbursement Agreement San Diego County Water Authority Asphalt Paving Carlsbad Desalination Conveyance PipelineCITY OF CARLSBAD - AGENDA BILL
AB# 21,949 AUTHORIZING THE CITY MANAGER TO SIGN A
REIMBURSEMENT AGREEMENT WITH SAN DIEGO
COUNTY WATER AUTHORITY (SDCWA) IN THE AMOUNT
OF $975,000 FOR ADDITIONAL ASPHALT PAVING
ASSOCIATED WITH INSTALLATION OF THE CARLSBAD
DESAUNATION CONVEYANCE PIPEUNE
DEPT. DIRECTOR^^^.'^
MTG. 05-05-15
AUTHORIZING THE CITY MANAGER TO SIGN A
REIMBURSEMENT AGREEMENT WITH SAN DIEGO
COUNTY WATER AUTHORITY (SDCWA) IN THE AMOUNT
OF $975,000 FOR ADDITIONAL ASPHALT PAVING
ASSOCIATED WITH INSTALLATION OF THE CARLSBAD
DESAUNATION CONVEYANCE PIPEUNE
CITY ATTY. f-^^
DEPT. PW-TRAN
AUTHORIZING THE CITY MANAGER TO SIGN A
REIMBURSEMENT AGREEMENT WITH SAN DIEGO
COUNTY WATER AUTHORITY (SDCWA) IN THE AMOUNT
OF $975,000 FOR ADDITIONAL ASPHALT PAVING
ASSOCIATED WITH INSTALLATION OF THE CARLSBAD
DESAUNATION CONVEYANCE PIPEUNE CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2015-108 authorizing the City Manager to sign a reimbursement agreement
with San Diego County Water Authority (SDCWA) in the amount of $975,000 to provide additional
asphalt paving associated with installation ofthe Carlsbad Desalination Conveyance Pipeline.
ITEM EXPLANATION:
On June 13, 2013, the city issued an Encroachment Permit to the San Diego County Water Authority
(SDCWA) forthe purpose of establishing reasonable rules for use ofthe public right-of-way associated
with installation of the Carlsbad Desalination Conveyance Pipeline. According to the Encroachment
Permit, SDCWA acknowledged that the public right-of-way is owned and controlled by the city, and also
agreed that any work within the public right-of-way will not interfere with any existing city or Carlsbad
Municipal Water District (CMWD) facilities.
The city reviewed the design-build documents for the project including (but not limited to): plans for the
pipeline alignment and trench widths to determine impacts to surface streets, surface improvements
(blow-offs, air valves, man-ways, pull boxes, etc.), discharge of water to city storm water system, pipeline
design for connection to city's water system, traffic control plans and restoration plans.
According to the Encroachment Permit, any damage caused to the public right-of-way by exercising the
permit shall be repaired promptly by SDCWA and the right-of-way shall be restored to city standards at
the sole cost of SDCWA. For a majority ofthe project, the approved plans indicate the pavement above
the pipeline will be restored for >2 of the roadway width, depending on where the pipeline is located
within the right-of-way. The construction caused impacts to both sides ofthe roadway. The half ofthe
street opposite the pipeline construction was affected by removal of existing striping, installation and
removal of temporary striping, potholing and increased construction traffic. Industry standards would
require a slurry seal to address these issues. However, city staff believes it will be beneficial to restore
the pavement over the full width of roadway because the pavement would then have the same surface
across the entire road width. The pavement would have the same life expectancy, the same maintenance
DEPARTMENT CONTACT: Pat Thomas 760-602-2751 pat.thomas@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED d CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Reimbursement Agreement with SDCWA
Mays, 2015
Page 2 of 2
schedule and identical driving surface throughout the pipeline alignment. Additionally, the majority of
the roadway within the pipeline alignment was due for annual pavement maintenance in the near future.
The pipeline is located in the following streets: Cannon Road between Avenida Encinas and Faraday
Avenue, Faraday Avenue between Whitman Way and Melrose Drive, and Lionshead Avenue between
Melrose Drive and the easterly City Limits.
SDCWA has estimated the value of restoring the asphalt over the additional 34 roadway width will be
$1,197,910.00. City staff and SDCWA agree the pipeline construction impacted both sides ofthe roadway
and the cost of restoring the asphalt over the additional roadway width should be shared between the
city and SDCWA. Staff is currently negotiating an agreement to reimburse SDCWA for the additional
costs. The reimbursement agreement will provide for reimbursing SDCWA for approximately 80 percent
of the value of the additional Yt roadway width or $975,000. Since time is of the essence, staff is
requesting that the City Council authorize the City Manager to sign the agreement provided that the City
Attorney approves it as to form.
FISCAL IMPACT:
The value forthe additional asphalt restoration is estimated to be $1,197,910.00. The reimbursement
agreement provides for the city to be responsible for approximately 80 percent of the cost of the
additional Yi roadway width or $975,000. There are sufficient funds available in the Pavement
Management Program and no additional appropriation is needed. Pavement Management Program
funds consist of non-jurisdictional fees (generated from trash haulers). Gas Tax funds and TransNet-
Local funds (available for drawdown from SANDAG).
ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines
Section 15301(c) - minor alteration of existing facilities including streets, sidewalks, gutters, and similar
facilities involving negligible or no expansion.
EXHIBITS:
1. Resolution No. 2015-108 authorizing the City Manager to sign a reimbursement agreement
with San Diego County Water Authority (SDCWA) in the amount of $975,000 for additional asphalt
paving associated with the Carlsbad Desalination Conveyance Pipeline.
2. Grind and Overlay Quantities chart.
3. Paving maps.
EXHIBIT 1
1 RESOLUTION NO. 2015-108
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CAUFORNIA, AUTHORIZING THE CITY MANAGER TO SIGN A
REIMBURSEMENT AGREEMENT WITH THE SAN DIEGO COUNTY
4 WATER AUTHORITY (SDCWA) IN THE AMOUNT OF $975,000 FOR
ADDITIONAL ASPHALT PAVING ASSOCIATED WITH INSTALLATION
5 OF THE CARLSBAD DESAUNATION CONVEYANCE PIPEUNE.
6
7 WHEREAS, on June 13, 2013 the city issued an Encroachment Permit to the San Diego
8 County Water Authority (SDCWA) for the purpose of establishing reasonable rules for use of the
public right-of-way associated with the installation of the Carlsbad Desalination Conveyance
Pipeline; and
WHEREAS, the SDCWA acknowledged that the public right-of-way is owned and
9
10
11
12
^3 controlled by the city; and
14 WHEREAS, it is necessary and in the public interest to repair and restore several ofthe
15 effected sections of pavement to current city standards; and
16
WHEREAS, staff has deemed it appropriate that the cost for the pavement restoration
17
be shared by the city and the SDCWA; and
18
WHEREAS, a reimbursement agreement in the amount of $975,000 between the city
20 and the SDCWA provides for reimbursement to the SDCWA for approximately 80 percent of the
21 cost ofthe pavement restoration; and
22 WHEREAS, there are sufficient funds available in the Pavement Management Program
to cover the city's portion ofthe pavement restoration; and
WHEREAS, staff is currently negotiating the terms ofthe agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California
as follows:
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2. The City Manager is authorized to execute the reimbursement agreement
between the City of Carlsbad and the San Diego County Water Authority in the amount of
$975,000 to provide additional asphalt paving associated with the installation of the Carlsbad
Desalination Conveyance Pipeline provided that the City Attorney approves the agreement as
1 1. That the above recitations are true and correct
2
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5
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7 to form
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 5^^ day of May 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
ATTEST:
BARBARA ENGLESON, g(ty Clerk
(SEAL) .s<^V??.^Po%
Exhibit 2
City of Carlsbad Grind and Overlay Quantities
Kiewit Shea Desalination Overlay City of Carlsbad Overlay Total
(SF) (SF) (SF)
C-lOl 46,000 31,382 77,382
C-102 102,586 106,048 208,634
C-103 53,635 52,861 106,496
C-104 77,153 35,684 112,837
C-105 74,818 67,275 142,093
C-106 67,591 70,432 138,023
C-107 104,267 88,013 192,280
C-108 103,703 103,227 206,930
C-109 88,544 93,056 181,600
C-110 95,813 96,449 192,262
C-111 99,605 72,886 172,491
C-112 3,261 3,855 7,116
C-113 69,110 74,622 143,732
C-114 33,156 35,610 68,766
TOTAL 1,019,242 931,400 1,950,642
-1
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MtMBIER AGENCIES
Carlsbad
Municipal Water Dislrict
Cily of DelMar
City of Escondido
City of National Cily
Cily of Oceanside
Cily of Poway
City of San Diego
Fallbrook
Public Utility Districl
Helil: Water District
Lakeside Waler District
Olivenhain
Municipal Waler Districl
Otoy Waler Districl
Padre Darn
Municipal Water District
Camp Pendleion
Marine Corps Base
Rainbow
Municipal Water District
Ramona
Municipal Wal·er· District
Rincon del Diablo
Municipal \/Vater District
San Dieguito \!Vater District
Santa Fe Irrigation District
South Bay Irrigation District
Vallecitos Water District
Valley Center
Municipal Water Dislrid
Vista Irrigation District
Yuima
Municipal Water District
OTHER
REI'RESENTATIVIE
Counly of San Diego
May 14,2015
City of Carlsbad
1635 Faraday A venue
Carlsbad, CA 92008
Re: Agreement for the Reimbursement of Costs by the City of Carlsbad to the San Diego
County Water Authority for Kiewit Shea Desalination to grind and asphalt pave overlay
additional sections of the City of Carlsbad's right of way outside of the Approved for
Construction Contract Plans
This constitutes an agreement between the San Diego County Water Authority (Water
Authority) and the City of Carlsbad (City) for reimbursement of certain costs incurred by
the Water Authority for the additional work required for restoration of the entire road
surface curb to curb for the following areas: Cannon Road, between Avenida Encinas and
Faraday A venue; Faraday A venue, between Whitman Way and Melrose Drive; and
Lionshead Avenue between Melrose Drive and the easterly city limits. The Scope of
Work is attached as Exhibit A. The maps attached as Exhibit B more accurately define
the locations.
Background and Purpose
On November 27, 2012, the Carlsbad Municipal Water District approved a resolution of
intent to purchase 2,500 acre feet per year of desalinated product water from the Water
Authority.
On December 20, 2012, the Water Authority entered into a Design Build Agreement
with Poseidon Resources, Inc. for product water Pipeline Improvements relating to the
Carlsbad Seawater Desalination Project.
The Water Authority and the City signed the Agreement Memorializing Certain
Understandings and Establishing a Framework for Cooperation Regarding a Desalination
Project Located in the City of Carlsbad, dated September 13, 2011 (Framework
Agreement).
Kiewit Shea Desalination (KSD), under contract with Poseidon Resources, Inc., has been
installing the Carlsbad Desalination Conveyance Pipeline in City of Carlsbad streets.
The approved construction plans call for restoration of the pavement to half the roadway
width based on where the pipeline is located within the right of way. KSD has restored
all the affected areas to their original condition.
A wcn'er supply to Scm region
PRih!TED Oi' RECYCLED PAPER
For maintenance and aesthetic purposes the City desires that KSD perform additional
asphalt paving to restore the pavement over the entire roadway for Cannon Road,
between A venida Encinas and Faraday A venue; Faraday A venue, between Whitman Way
and Melrose Drive; and Lionshead A venue between Melrose Drive and the easterly city
limits, and KSD has agreed to perform this additional work.
Work to be Performed
The additional paving work will be performed by KSD under contract with Poseidon
Resources, Inc. The Water Authority will amend its contract with Poseidon to
accommodate this additional work.
The Work win be performed in accordance with City standards and under the scope of
work agreed upon between the City and KSD, and will be owned and operated by the
City.
Environmental Compliance
The City shall be responsible for all environmental permits and approvals for the
additional asphalt repaving work.
Cost Reimbursement
The City shall reimburse the Water Authority for the additional asphalt repaving work
performed by KSD up to an amount of $975,000. Upon completion of the work and
within 30 days of receipt of a request, the City shall deposit this amount with the Water
Authority.
Indemnification
The City and the Water Authority agree to mutually indemnify, defend at their own
expense (including attorneys' fees), and hold each other harmless from and against an
claims, costs, demands, losses, and liability of any nature whatsoever, including but not
limited to liability for bodily injury, sickness, disease or death, property damage
(including loss of use) or violation of law, caused by or arising out of any error, omission,
or negligent act of that party, its officers, directors, employees, agents, volunteers, or any
other person acting pursuant to its control in performing under this Agreement. Neither
party shall indemnify the other for a party's acts of sole negligence or willful misconduct.
Interpretation
This agreement will be interpreted in accordance with the laws of the State of California.
If any dispute, controversy, or claim is brought to interpret or enforce any term of this
agreement, the action shall be brought in a state or federal court in the County of San
Diego, State of California.
Modification
This agreement may be modified only by a subsequent written amendment executed by
both Parties.
Assignment
This agreement and any portion thereof shaH not be assigned or transferred, nor shall any
of the duties be delegated, without the express written consent of both Parties, which
shaH not be unreasonably withheld or delayed. Any attempt to assign or delegate this
agreement without the express written consent of both Parties shaH be void and of no
force or effect.
IN WITNESS WHEREOF, this agreement is executed by the Water Authority and by the
City, effective as of _______ _
The individuals executing this agreement represent and warrant that they have the legal
capacity and authority to do so on behalf of their legal entities.
San Diego Cou~lY Wate~ AutboritJ:.:::"
By: , / -~-~(~~?·~--,.//./
Frai1k Belock
Deputy General Manager
Approved as to form:
DanielS. Hentschke, General Counsel
By: l.:J./ ,:~? ClflJ "! (;;,l[tt~ ~:.-1;
Rosann Galli~'n, ""--.....-df
Deputy General Counsel
City of Carlsbad
By:Uk
Kathryn B. Dodson ....___
Interim City Manager
Approved as to form:
Ronald Kemp, Assistant City Attorney
By:
Ronald Kemp
Assistant City Attorney
Exhibit A
City of Carlsbad Grind and Overlay Quantities
Kiewit Shea Desalination Overlay City of Carlsbad Over~ay Total
(SF) (SF) (SF)
C-101 46,000 31,382 77,362
C-102 102,586 106,048 208,634
C-103 53,635 52,861 106,496
C"104 77,153 35,684 112,837
C-105 74,818 67,275 142,093
C-106 67,591 70,432 138,023
C~107 104,267 88,013 192,2,80
(clOB 103,703 103,227 206,930
C-109 88,544 93;056 181,600
C-110 95,813 96,449 192,262
C-111 99,605 72.,886 172,491
C-112 3,261 3,855 7,116
C-113 69,110 74,622 143i732
C-114 33,156 35,610 68,766
TOTAl 1,019,242 931,400 1,950,642
.5• CM:RLAY@
NORTH BOlJNO FREE WAY ENTRANCE u
tmNOH RD FREE WAY EXIT
SAN DIEGO COUNlY
WATER AUTHORITY CARLSBAD OESALJNATION
CONVEYANCE PIP£UNE
0 !0 <CO 10
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UtAITS OF
PAVEMENT REPLACEUENT
STA 86+00.00 TO STA 101+13±
«o SAN DIEGO COUNTY
WATER A\llliORITY
CITY or CARl.SBA!>
CAAl.SsAD OESAUNATION
CONVEYANCE PIPELINE
UMITS OF PAVEMENT £ ,...,,.,...,......
REPlACEMENT
STA 1 18+2:):1: TO
STA 145+00.00
CA1U8AD CWO 4?1•58 SDOW;• O"M:. a.o.
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.... ~ SAN DIEGO COUNTY
WATER AUTHORITY CARLSBAD DESALINATION
CONVEYANCE PlPEUNE
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UMITS OF PAVEMENT
REPLACEMENT STA 145+00.00 TO
S't 174+00.00
~ SAN DIEGO COUNTY
WATER AUTHORITY CARLSBAo DESALINATION
CON\£VANCE PIPEUNE
CIT" OF CARLSBAC
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CARLSBAD DESALINATION CONV£Ym<:E PIPEUNE
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WATERAIJTHORITY CARI.Sa'Ao OESAUNAnON
CONVEYANCE PIPEUNE
CllY OF CARLSBAD
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REPLACEMENT
STA 230+00.00 TO
STA 2.60+00.00
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... @ SAN DEGO COUNTY
WATEJUUTHORITY CAAt.SSAD OESAIJNATION CONVEYANC£ PIPELINE
CllY Ot CA~BAO
CARLSBAD DESAUNATION
CONVEYANCE PlPEUNE
CI1Y ():" CARLS8AI>
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WATI!A AUTHORJTY CARLS!IAO DE'SAL.tw.nON CONVEYANCE PIPELINE
CITY OF" CARLSB/10
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CITY OF CARLS9AO
~~~~~~
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UONSHEAO AVE.
---------------~
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"* ~ SAN DIEGO COUNTY
WATER AUTHORITY CARLSSAo DESALINAOOH
CONIIEYANCE: PIPELINE:
~
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CITY or CAALSOAO
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LIMITS OF PAVEMENT
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....