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HomeMy WebLinkAboutK0303; City of Carlsbad; 2013-0373463; Encroachment AgreementDOCtt 20 3-G3734G3 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JUN 13, 2013 3:42 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE 8 ENCROACHMENT PERMIT The City of Carlsbad, a municipal corporation ("City"), hereby issues this Encroachment Permit to the San Diego County Water Authority, a county water authority ("Authority"), for purposes of establishing reasonable rules for the Authority's use pursuant to section 5, paragraph (6) of the County Water Authority Act (Cal. Water Code Appendix § 45-5) of portions of public right-of-way in Carlsbad, California, as more particularly shown in Exhibit "A" attached hereto and incorporated by reference ("Public Right-of-Way") to design, install, construct, maintain, alter, repair, restore and/or replace ground pipeline improvements (collectively, the "Encroachment') within the City's Public Right-of-Way for the conveyance of water. In consideration of the covenants contained in the Encroachment Permit, Authority and City agree, each for itself, its heirs, successors, and assigns as follows: 1. Encroachment. Authority acknowledges and agrees that the Public Right-of-Way upon which it desires to perform the Work described under the Encroachment Permit is owned and/or controlled by the City, and further agrees that the performance of any such Work within the Public Right-of-Way will not interfere in any way with any existing City or Carlsbad Municipal Water District (CMWD) facilities in the Public Right-of-Way. For purposes of this Encroachment Permit, "City or CMWD facilities" include City or utility street improvements and associated City and CMWD facilities in the Public Right-of Way. All Work performed under this Encroachment Permit and any entry upon, over, under, along or across the Public Right-of-Way shall be done under supervision of the Authority and its contractors in a good and skillful manner and in compliance with this Encroachment Permit. 2. Approvals. Authority shall, at its sole cost and expense, obtain and maintain any and all necessary certificates, permits and/or other approvals that may be required to perform such Work and maintain such Encroachment within the Public Right-of-Way. As a Design Build project, Authority shall submit plans to City for approval throughout the term of the Encroachment Permit. Pursuant to the FEIR and MMRP, Authority shall not be permitted to commence work in any specific work area until: (i) all required plans for work in an area have been submitted for approval in accordance with Paragraph 16 of this Permit; and (ii) a traffic control plan for the area of work has been prepared and approved by the City in accordance with Design Feature/Mitigation Measure No. TRAFFIC-2 (FEIR/MMRP) in the Second Addendum to EIR. 3. Costs. Authority shall be responsible for all costs and expenses associated with the design, construction, and installation of the Encroachment in the Public Right-of-Way. Authority shall also be responsible for all costs of relocating or replacing a City or CMWD facility within the Public Right-of-Way 1 wiien the need for such relocation or replacement results from the construction of maintenance of the Encroachment or when a failure of a City or CMWD facility is caused by the construction, maintenance or existence of the Encroachment. Authority shall be responsible for reasonable inspection costs as shown on Exhibit B associated with excavation, refilling of excavation, relaying of pavement and protection of public safety for City and CMWD for a period of seventeen (17) months after the date of execution of this agreement. Authority shall pay additional inspection costs for work performed outside of normal working hours (Monday through Friday from 7AM to 5PM, holidays excepted) during the seventeen (17) month time period or for any work beyond the seventeen (17) month period. If required by Carlsbad, Authority shall also pay additional inspection costs should more than two (2) reaches be open at any time, or if two (2) reaches are open for more than a ten (10) month period. 4. Inspection/Submission of Reports. Authority shall notify City upon completion of the Work and City may require Authority to make any necessary corrections in compliance with the terms and conditions of this Encroachment Permit. City shall have the right, but not the obligation, to inspect any Work performed under this Encroachment Permit subject to the provisions of this Encroachment Permit, and to conduct any tests it deems necessary to ensure compliance with the terms and conditions of this Encroachment Permit and any applicable provisions of law. Authority shall submit a copy of any inspection report containing information about the Encroachment to the City within fifteen (15) business days of its receipt of the same. 5. Dutv to Maintain. Authority shall, at its sole cost and expense and without any cost or expense to City, maintain the Encroachment in good order and in a clean, secure, safe, and sanitary condition satisfactory to City and in compliance with all applicable local, state and federal laws. Authority shall apply for and obtain a right-of-way permit and submit a traffic control plan for the performance of any Encroachment maintenance and/or repair Work that includes excavation prior to initiating the same. Authority shall notify City and secure its permits at least 5 business days prior to performing any such maintenance and/or repair Work that includes excavation, except in the case of an emergency, in which case notice shall be provided as soon as is reasonably feasible. 6. Insurance. In connection with the issuance of this right of way permit issued under Section 2, above, the City may impose reasonable requirements for the provision of insurance consistent with the minimum insurance types and levels of coverage that the City requires of contractors retained by the City for the performance of work of a similar nature. Coverage amounts will be adjusted upward to meet the City's then-current insurance standards and requirements for the performance of any Encroachment maintenance and/or repair Work that includes excavation in the Public Right-of-Way. 7. Endorsements. When the Authority is required to submit evidence of insurance pursuant to Section 6, above, the Authority shall obtain endorsements or substantially similar documentation, which includes the following provisions or requirements, the wording for which shall be to the satisfaction of the City Attorney: 7.1 Additional Insured. "City of Carlsbad, and its elected and appointed boards including CMWD, its officers, agents, and employees are additionally insured with respect to this Permit." 7.2 Preferred Forms. CG2010 11 85, CG 2037 1001, or the equivalent 7.3 Notice. "Said policy shall not terminate, nor shall it be canceled or reduced in coverage without thirty (30) days' written notice to the City of Carlsbad." 7.4 Primarv Coverage. "The policy provides primary coverage to the City of Carlsbad and its elected and appointed boards including CMWD, its officers, agents and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by the City of Carlsbad." 7.5 Waiver of Subrogation. "We waive any right of recovery we may have against the City of Carlsbad and CMWD and its elected and appointed boards, officers, agents and employees 2 because of payments we make for injury or damages arising out of our ongoing operations or our work done under contract with the City of Carlsbad." The requirements as to the types and limits of insurance coverage to be maintained by the Authority and/or its contractors and subcontractors, as applicable, and any approval of such insurance by City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations othen/vise assumed by the Authority and/or its contractors and subcontractors under any permit issued for any part of the Work pursuant to this Encroachment Permit. The Authority, with respect to itself, may meet the obligations for the provision of insurance through a contract of coverage provided by a joint powers entity including, but not limited to, the Special District Risk Management Authority. Evidence of such coverage shall be submitted to City upon its request. 8. Indemnification. Authority shall indemnify, defend, protect and hold harmless the City and CMWD, and its directors, officers, employees, agents, contractors and representatives from and against any and all actions, claims, demands, damages, losses, liability, costs and expenses arising from the Authority's Work under this Encroachment Permit, including but not limited to, (i) any damages, liability and/or claims of any kind for any injury to or death of any person, or for damage or injury of any kind to property which may arise from or be related to the direct or indirect operations of Authority or its contractors, subcontractors, agents, employees or other persons acting on Authority's behalf, (ii) any and all damages, liability and/or claims of any kind arising from the operation of the Encroachment. The Authority further agrees that the indemnification and hold harmless described herein shall include all attorneys' fees and costs associated with the defense of City and CMWD by counsel selected by City. The obligation to defend, indemnify and hold City and CMWD harmless shall survive the applicable statutes of limitation. 9. Successors. This Encroachment Permit shall run with the Encroachment and inure to the benefit and be binding on all future owners, encumbrances, successors in interest, heirs, personal representatives, transferees, assignees, and any other parties having or acquiring any right, title or interest in the described Encroachment or any part thereof and/or any appurtenant structures or facilities necessary or desirable for the appropriate operation and maintenance of the Encroachment. 10. No Interest in Public Right-of-Wav Other than as Granted bv this Encroachment Permit. Whatever rights and obligations were acquired by City with respect to the Public Right-of-Way shall remain and continue in full force and effect and shall in no way be affected by City's issuance of this Encroachment Permit. 11. Applicable Laws. This Encroachment Permit is subject to all applicable federal, state and local laws, rules, ordinances and regulations. 12. Safetv Standards. Authority acknowledges and agrees that Authority and any other person engaged in the performance of the Work authorized under this Encroachment Permit shall conform to all due safety precautions for the protection of persons and property. 13. Storm Water Compliance. Authority shall have full responsibility to comply with all applicable storm water regulations as reflected in the most recent City Storm Water Standards Manual guidelines and in Regional Municipal Separate Storm Sewer System Storm Water NPDES Permit No. R9-2007-001, issued by the San Diego Regional Water Quality Control Board. For repair and/or maintenance Work following initial construction. Authority shall have full responsibility to comply with the then-current Regional Municipal Separate Storm Sewer System Storm Water NPDES Permit. 14. Monitoring of Excavation. Any excavation in the Public Right-of-Way by Authority during the performance of Work under this Encroachment Permit shall be monitored by Authority for any lateral movement or other forms of trench failure. 15. Notification to USA. Authority shall notify Underground Service Alert (USA) at (800) 422-4133 at least two (2) working days prior to the commencement of any Work described under this Encroachment Permit. 16. Alternate Rights-of-Wav. Authority shall provide an alternate right-of-way and agrees to relocate an existing City facility to a new alignment, all without any cost or expense whatsoever to City, whenever it is determined by City that the Encroachment precludes the economical placement, replacement, or maintenance of the City facility. 17. Review of Design-Build Documents bv Citv. Authority shall provide the below listed plans and documents for review by City. City shall have twenty (20) calendar days to review and provide written comments on the documents. Since time is of the essence for completing each phase of the design-build work. City shall not unreasonably withhold or delay its review of the following: the pipeline alignment and trench widths to determine impacts to surface streets, pipeline surface improvements (blow-offs, air valves, man-ways, pull boxes for fiber optic, etc.) to determine impacts to City's Right-of-Way, discharge of water from future blow-offs to determine impact to storm water system, pipeline design for the connection to City's system, traffic plans, proposed improvements to the Cannon Road Bridge if needed, restoration plans for streets/sidewalk/median/landscape impacts as a result of construction, impacts to public utilities associated with installation of pipeline, project schedule to determine any impacts to community, business, and City events, and storm water plans for compliance with state regulations regarding water quality. If City does not comment within twenty (20) calendar days. Authority shall consider the documents approved and proceed with the Work. 18. Relocation. Alteration or Removal. In the event City determines that an at-grade Encroachment in the Public Right-of-Way needs to be altered or relocated due to a change of grade or installation, expansion, or relocation of a City facility. Authority agrees to pay all costs and expenses related to the processing, securing, constructing and maintaining the alteration and/or relocation of the Encroachment to accommodate the City facility including, but not limited to, demolition and removal costs of any and all improvements constructed thereon. After alteration or removal of the Encroachment, the Authority agrees to restore the Public Right-of-Way to its equivalent condition prior to the date that the Encroachment was first placed. The Authority shall alter or relocate the Encroachment within one hundred eighty (180) days of receipt of written notice from City. If the Authority fails to alter, remove, relocate restore or othen/vise comply with the direction of the City Engineer regarding the alteration or removal of the Encroachment, City may cause the alteration or removal work to be done and the Authority will be billed and shall reimburse City for all those costs incurred. The City agrees to the location of the 54-inch diameter water conveyance pipeline described in the plans reviewed and approved by City for issuance of this Encroachment Permit. 19. Damage to Public Right-of-Wav. Any damage caused to the Public Right-of-Way by reason of exercise of this Encroachment Permit shall be repaired promptly by Authority to refill the excavation and restore the Right-of-Way to City standards at Authority's sole cost and expense. Should the Authority fail to promptly make repairs, City may make any and all necessary repairs or have such repairs made and the Authority will be billed and shall reimburse City for all costs incurred. 20. Cancellation of Permit. The Public Works Director or City Engineer may cancel this Encroachment Permit under any of the following circumstances: (i) if the Work authorized herein is not commenced within twelve (12) months of issuance of this Encroachment Permit; (ii) if after issuance of this Encroachment Permit, in the opinion of the City Engineer, the Work is not diligently prosecuted to completion; and/or (iii) if the Authority uses the Public Right-of-Way for purposes other than the uses permitted under this Encroachment Permit. Cancellation may be effected by giving written notice thereof, and by sending the same to the Authority by way of First Class U.S. Mail to the address shown on the application for this Encroachment Permit or such other address as the Authority or its heirs, successors, or assigns may provide to City for such purposes. 21. Authoritv. The undersigned individuals executing this Encroachment Permit represent and warrant that they are authorized to enter into and execute the same on behalf of such parties. 22. Headings. The headings in this Encroachment Permit are for convenience only and do not define or limit the scope or interpretation of this document. 23. Counterparts/Recordation. This Encroachment Permit may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same document. Each party will execute this Encroachment Permit before a notary public or other authorized party, and City may record this document at its discretion. 24. Governing Law. Venue. This Encroachment Permit shall be interpreted in accordance with the laws of the State of California, and venue shall appropriately be had in the North San Diego County Judicial District or the U.S. District Court for the Southern District of California, as appropriate. CITY: City of Carlsbad, a municipal corporation of the State of California Bv: ^^^^^^rut/i^ Comid C. HammarTn, Jr. {/ Public Works Director ATTEST APPROVED AS TO FORM: Bv:r^^^^Jc<>(>c3^U^-^^.^ Celia A. Brewer, City Attorney AUTHORITY San Diego County Water Authority, a county water authority Deputy General Manager CIW BOUNDARIES PROJECT AUGNMENT LOCATION MAP NOT TO SCALE PLAT FOR ENCROACHMENT PERMIT PROJECT #K0303 San Diego Counfy Wafer Auffiorify NAME: CARLSBAD DESALINATION CONVEYANCE PIPELINE EXHIBIT A-1 PAGE 1 OF 2 OCEANSIDE I \ VISTA CARLSBAD L CITY BOUNDARIES PROJECT ALIGNMENT LOCATION MAP NOT TO SCALE 4 PLAT FOR ENCROACHMENT PERMIT PROJECT #K0303 San Diego Counfy Wafer Auffiorify NAME: CARLSBAD DESALINATION CONVEYANCE PIPELINE EXHIBIT A-2 PAGE 2 OF 2 City of Carlsbad Desalination Project Construction Inspection Estimate ^ Conveyance Pipeline Inspection Estimate 1 Rate/Hour Duration (Months) Oays/Month Hours/Day Subtotal \l*re*Constttietlon Construction Project Manager 100 6 20 4 S 48,000.00 PW Traffic Corttrol Engineer 130 6 20 2 $ 31,200.00 PW Inspection Admin Staff LS 6 20 LS s 10,000.00 PW Inspector 90 6 (packages) 1 10/package s 5,400.00 Subtotal 6 20 $ 94,600.00 IConstruetton WIth Two Concurrent Headings* Construction Project Manager 100 10 20 8 s 160,000.00 PW inspector Utilities 90 10 20 2 $ 36,000.00 PW inspector Traffic 90 10 20 6 $ 108,000.00 PW Inspector Signals 90 10 20 1 $ 18,000.00 PW Inspector Signing and Striping 90 10 20 1 $ 18,000.00 PW Inspector l.andscape and Irrigation 90 10 20 1 $ 18,000.00 Senior PW Inspector 95 10 20 1 s 19,000.00 Administrative Support 15 10 20 LS $ 45,000.00 Subtotal 10 20 $ 422,000.00 ^Construction estimates are based on a 10 month construction schedule with only two concurrent headings during normal working hours. Construction WItii One Heading** Construction Project Manager 100 7 20 8 $ 112,000.00 PW Inspector Utilities 90 7 20 1.25 $ 15,750.00 PW Inspector Traffic 90 7 20 4 s 50.400.00 PW Inspector Signals 90 7 20 0.67 s 8,442.00 PW Inspector Signing and Striping 90 7 20 0.67 s 8,442.00 PW Inspector Landscape and Irrigation 90 7 20 0.67 $ 8,442.00 Senior PW Inspector 95 7 20 0.67 s 8,911.00 PW Inspector traffic for concurrent tunneling operations 90 7 20 1 12,600.00 Administrative Support LS 7 20 LS s 20,000.00 Isubtotal 7 20 $ 244.987.00 | **Construction estimates are based on a 7 month construction schedule with only one heading during normal working hours. Complete im^ieetlwiMH^/AS'bulto I Construction Project Manager 100 1 20 2 $ 4,000.00 PW Inspector Utilities 90 1 20 2 $ 3,600.00 PW Inspector Signing and Striping 90 1 20 2 $ 3,600.00 PW Inspector Traffic 90 1 20 2 $ 3,600.00 PW Inspector Landscape and Irrigation 90 1 20 2 $ 3,600.00 Subtotal 1 20 $ 18,400.00 Total $ 779,987.00 EXHIBIT B