HomeMy WebLinkAboutCarlsbad, CMWD & VWD; 2004-02-19; (2)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
2.
3.
4.
5.
6.
7.
8.
9.
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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