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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: 23 24 25 26 27 28 3 17 18 19 20 23 24 25 26 27 28 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 3 4 5 6 7 to form 8 /// /// /// /// /// 9 10 11 12 13 14 /// 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 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 -1 535 iJ3"l M013a 33S 00'00+99 'ViS 3Nn HOiVN _0 oq 00+98 5 10I-0 OMO 33S 00-00+99 -ViS 3Nn HOJ.VW IHOia 3A0av 33S 00'00+99 'ViS 3Nn HOiVIN iHOiy 3A0av 33S 00'00+9Z. 'ViS 3Nn HOiVW ?-, O (O 3 10 o = g. < CL 03 Q lA > O 3 O < UJ Q. Q UJ ll iflOia 3A08V 33S 00 00+96 ViS 3Nn HOiVW t lO , -I w Q < V) > i O 3 CD < m Q. Q UJ <i lilt ,•00+*^^ 00 S go 2 O $ 3 lO o o i lo u. 5 w O Z) o < UJ Q LU <i OT > •"I Jill lii m oO .SBAD 2 ? .SBAD CARl SB O SB : i 901-0 OMO 333 OO'OO+t-il 'VIS 3Nn HOiVW z o UJ t-o UJ .z. o, ^ UJ q d o + £150 + o 9 * = < I/) Q < m ^ 1/1 > —1 O o O 3 O < UJ Q; a UJ ll iHOia 3A0aV 33S 00 00+061 -ViS 3Nn HOiVW Ll ^ 2 UJ o 2 t Q O Q. LU O + u- < J o = a < CL m Cl CO > 5 oO O D CD < UJ £c Q UJ <i 901OMO 33S 00 00+002 -VIS 3Nn HOlVn iii? Q- UJ o + o 9 o u. <; + o O -J o • ^ Q. o 3 ? J CO 3 Q: < Q. 5 O 5" ii O 3 O < UJ c£ Q UJ <i OT > * 1^ S8 I' Is? AD S — -1 ft CJ 1« •I o 'i - - 00.00 . < LU O O , UJ o + CJ + o O 5 l£> -J S IN OUJ CD LU </l > ii O 3 (D < UJ ^ Q UJ <i OT S S3 a < m to k < O o -I ^ ••, > Z 5 J d -2 . dip •0 I - 5 p t 801-0 OMO 33S 00 00+092 ViS 3Nn HOiVW _»^oo.oo UJ o o -id9 UJ 1- 2 < CO UJ 1/1 J 9: < CL Q < CD I/I > ii O 3 (D < UJ ^ OT S 011-0 OMO 33S 00 00+61C ViS 3Nn HOiVN iHOiy 3A0aV 33S 00 00+62f ViS 3Nn HOiVI^ CL 1^ ^i o o O 3 (D < UJ ^ Q UJ <i OT S IHOiy JA08V 33S~ 00 00+8SC ViS 3Nn HOIW CL IO Q < ii 1^ O 3 (D < UJ a: Q Ul ll Z " ' ; 5 5;' oooo+so;^VK°,K^3s iHOiy 3A0av 33S oo-oo+gsc ViS 3Nn noim 21 t-o OMO 33S 00 00+SZe -ViS 3Nn HDiVIN < ^ X -t- CL K> OT y , I 5" oO O 3 <D < UJ a UJ il 13 is m ii p O 3 (D < UJ a Q UJ ll 3!=0 . LU Z O O . CJ X ''^ u. < in O -J o Q-OT UJ , t 0=5 CO 12 ? 5 o «^ ? - IHDIH 3A08V 33s OOOO+Sl. ViS 3Nn HOiVI. 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 ~.-·.-·-'"7 : -,--:-·~ ~-· .. .,-c,~r_;.~,.:· :· .• t.-!---~J •, ........ ""1' .:'~-~ ... ~ ~~~~-IS~~~~~i1:! :>: ~ ~!·~===::: ... ::~;:;;;;;:;;~;:;::~ ... ... b& SAN DEGO COUNTY (W -=~~-CARLSBAD OESAI.INAnON CONVEYANCE PIPEUNE CllY Of CAi~LSBN> ~1~~~ """""' .... ""'' CARLSBAD DESAliNATION CONVEYANCE PIPEIJNE CITY or CARLSBAC z-~,t~~~~ ~-w»lfl': ..... 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. ---~ ~--~---~ ~­,._ ~----~-­--:-----:.....-----=--- .... ~ SAN DIEGO COUNTY WATER AUTHORITY CARLSBAD DESALINATION CONVEYANCE PlPEUNE Wl2!ll CJ .-· ......... ~.""~lOX ~ ~ :U'¥~'&:,~': ~·..:..ewn-.. ... ,,. AC.OCfll'l."" CITY Or CARLSBAD '::C:2:;~~~ llli'AIMDCW'I 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 ~~~t,,.,~ "'-"iDCC r.- >0 .. .. .... I I N\"' r""-L_,. i . ' . : .. : ' I I @ SAH DIEGO COUNTY WATER AUTHORITY CI1Y or CA'!LSBAO ':l~:; =fii>QI) a.n: ~1'1': ('} to f(l 60 CARLSBAD DESALINATION CONV£Ym<:E PIPEUNE ________ j_ ... \\\1\Jl.J;;; I II) ~ «o SAN PIEGO COUNTY WATERAIJTHORITY CARI.Sa'Ao OESAUNAnON CONVEYANCE PIPEUNE CllY OF CARLSBAD 02C.CO 10 ~~·-40· UIAITS OF PAVING REPLACEMENT STA 230+00.00 TO STA 2.60+00.00 C11111,.SGo1.D :.C 471-!C *""" Q'4IQ.. NO . ... @ SAN DEGO COUNTY WATEJUUTHORITY CAAt.SSAD OESAIJNATION CONVEYANC£ PIPELINE CllY Ot CA~BAO CARLSBAD DESAUNATION CONVEYANCE PlPEUNE CI1Y ():" CARLS8AI> ~~,:,~ ~ "fY:C*$:1) 11': ------ @ SAN DIEGO COUNTY WATI!A AUTHORJTY CARLS!IAO DE'SAL.tw.nON CONVEYANCE PIPELINE CITY OF" CARLSB/10 ~~~~,:;~~~ tNOOO 8'r. ----------- @ ISAN DIEGO COUNTY WATeR AUTHORITY CONVEYANCE PlPEUNE Wl£ltD. D··~·~y ~,y...., ~ 2 .. CftN) • O.UUY CHY OF CARLSBAO *'*'~. -:;~,~ ~,. ..... .I; 1 rm=s I i Nll.Qift ft\1SIOitl OWNCICO ... .. \lea100\,J)-~··1»01~ltflu~~""Wik\~11l•~•~1)---40J."'f ,.,. 10. Nt•. Jl~ I I 1-rn,., , , . , , ,Trtn.~'""-""'"' .,.,.,, ... , ..... =n- @ SAN DEGO COUNTY WATER AUTHOfUTY CARLSBAD OESAUNATION CONVEYANCE PIPELINE CITY OF CARLS9AO ~~~~~~ "M('oiiG) l'r': .~CA.&) ,· • ..a· UI.41TS OF PAVEMENT REPLACEMENT STA J7~+00.00 TO STA 405+00.00 ~~·7'1--IA '""" ~ i~ "%~ ~7 ~ ~\ "<b ------ 1<\> ~ ___ , ___ _ ... ------ UONSHEAO AVE. ---------------~ -__.------CORPORATE \/IE\11 "* ~ SAN DIEGO COUNTY WATER AUTHORITY CARLSSAo DESALINAOOH CONIIEYANCE: PIPELINE: ~ D ····"""""' ~····- CITY or CAALSOAO ~.ruii~!~ ~;Jitfl' LIMITS OF PAVEMENT REPL4COAENT STA 405+00.00 TO STA 435+00.00 ....