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Home My WebLink AboutVista, City of; 2011-03-09; REACH VC4PROJECT AGREEMENT FOR VISTA/CARLSBAD INTERCEPTOR SEWER REACH VC4 THIS AGREEMENT for the Vista/Carlsbad Interceptor Sewer. Reach VC4 ("Agreement") is made and entered into as of the 7 day of ^^)0Uu&J~> . 20 11 , by and between the City of Vista, a charter city ("Vista"), and the City of Carlsbad, a charter city ("Carlsbad"), collectively, ("the Parties"). RECITALS WHEREAS, on February 26, 2002, the Parties entered into an agreement for the ownership, operation and maintenance of the Vista/Carlsbad Interceptor Sewer ("Ownership Agreement"), the terms of which arc incorporated herein by this reference; and WHEREAS, on March 31, 2007 Reach VC4, also referred to as Buena Vista Lift Station Force Main, experienced a failure resulting in a sewage spill into the Buena Vista Lagoon; and WHEREAS, a condition assessment on Reach VC4 Buena Vista Lift Station Force Main of the Vista/Carlsbad Interceptor Sewer has been performed and the Parties agree that it is necessary to repair and/or replace the Buena Vista Lift Station Force Main; and WHEREAS, the Sewer Master Plans for the Parties include a recommendation that reach Buena Vista Lift Station Force Main be replaced with a larger pipe to increase the capacity for future sewer flows; and WHEREAS, Carlsbad has selected consultants and has completed the Final Design, CEQA compliance and Coastal Development Permit for the rehabilitation of the existing Buena Vista Lift Station Force Main and constructing a new parallel force main of Reach VC4 of the Vista/Carlsbad Interceptor Sewer; and WHEREAS, the Parties arc entering into this Agreement in order to establish the responsibilities of each Party during design and construction, and also their respective share of the design and construction phase costs, and establishment of the cost accounting procedures and payment schedule. NOW THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING: SECTION!. PROJECT DESCRIPTION The Vista/Carlsbad Interceptor Sewer, Reach VC4 referred to as Buena Vista Lift Station Force Main (the "Project") is a sewer project which rehabilitates the existing force main and constructs a parallel force main from the Buena Vista Lift Station located on Jefferson Street immediately south of State Route 78 within Jefferson Street west until it enters the existing Jefferson Street West Overcrossing at Interstate 5 (Caltrans Bridge No. 57-271) as shown on Exhibit "A". This Agreement pertains to the respective responsibilities of the Parties relative 1/6/2011 solely to the construction of the interceptor sewer ("Interceptor") portion of the Project. The major elements of the Interceptor construction are as follows: A. Rehabilitation by in-situ constructed liner of approximately 2,400 lineal feet of 24-inch diameter Ductile Iron Pipe (DIP) force main or remove and replace with new 24-inch diameter HOPE or C-905 fusible PVC pipe identified herein as a portion of Segment 1 of Reach VC4. B. Construction of approximately 2,400 lineal feet of new 24-inch diameter HOPE or C-905 fusible PVC pipe force main identified herein as a portion of Segment 1 Reach VC4. C. No improvement or rehabilitation of approximately 475 lineal feet of existing 16- inch ACT across Interstate freeway within Caltrans Bridge No, 57-271 which shall remain in place as a portion of Segment 1 of Reach VC4. D. Abandon approximately 700 lineal feet of existing 24-inch DIP as a portion of Segment 2 of reach VC4. E. Construction of approximately 1,800 lineal feet of two new 24-inch diameter HDPE or C-905 fusible PVC pipe force main identified herein as Alternative 1A a portion of Segment 2 Reach VC4. F. Rehabilitation by in-situ constructed liner of approximately 200 lineal feet of 24- inch diameter DIP force main identified herein as a portion of Segment 3 of Reach VC4. G. Construction of approximately 310 lineal feet of DIP 21-inch diameter force main to be connected to and hung below the Jefferson Street Bridge identified herein as a portion of Segment 3 Reach VC4. H. Approximately 110 lineal feet of existing 24-inch DIP crossing the Jefferson Street Bridge to remain in place without rehabilitation as a portion of Segment 3 of Reach VC4. I. No additional acquisition of any required utility casement or Right of Way anticipated. SECTION 2. RESPONSIBILITIES OF CARLSBAD Carlsbad shall be the Lead Agency for the Project and will be responsible for the bidding and administration of construction activities, including fiscal management for the Project. As part of its construction administration duties, Carlsbad shall ensure its contractor complies with all Resource Agency requirements, including the stormwatcr management and other requirements of the State Water Resources Control Board. As Lead Agency, Carlsbad shall have sole authority to approve, bid, and award contracts in accordance with this agreement, Carlsbad's policies and applicable law. Carlsbad's purchasing policies shall apply to implementation and performance of the construction contract, professional services agreements and any other activity under this agreement. Change order costs will be shared by the Parties in proportion to their -2- 1/6/2011 capacity ownership defined herein to the extent that the change order is necessary and beneficial for both Parties. Carlsbad staff shall keep Vista staff informed about any significant project developments, particularly those that may lead to a change order. Change Orders. The Parties shall jointly approve all change orders necessary to construct the Project. Vista shall not unreasonably delay, condition, or deny the approval of any change order, but in no case later than two (2) working days. Change orders for the Project may be initiated by Vista or Carlsbad, but shall not be issued to the contractor unless approved by by both Parties. At Carlsbad's request, Vista shall participate with Carlsbad in the negotiation of price and/or time extensions related to any change order with the Project contractor. Carlsbad Initiated Change Order. In those instances where Carlsbad requests a change order, Carlsbad shall submit a written request for changes to Vista for Vista's written approval. Such changes, once approved by Vista, shall be paid for in accordance with the ownership allocation, provided the Carlsbad initiated changes arc necessary to complete the Project. If the Carlsbad initiated change order is solely for Carlsbad's benefit, then Carlsbad shall be solely responsible for the cost of the change order, including but not limited to any increased costs resulting from the implementation of the change order. Vista Initiated Change Order. In those instances where Vista requests a change order, Vista shall submit a written request for changes to Carlsbad for Carlsbad's written approval. Such changes once approved by Carlsbad, shall be paid for in accordance with the ownership allocation, provided the Vista initiated changes are necessary to complete the Project. If the Vista initiated change order is solely for Vista's benefit, then Vista shall be solely responsible for the cost of the change order, including but not limited to any increased costs resulting from the implementation of the change order. SECTION 3. RESPONSIBILITIES OF VISTA Vista shall provide a payment of 51,146,349.00 to Carlsbad within sixty (60) days of the approval to advertise to receive bids for construction from Carlsbad City Council. The payment covers design costs (planning, investigations, design, environmental) to date plus 15% of the "Vista Construction and Inspection Cost Allocation Estimated Amount" ("the deposit") as detailed on Exhibit "B", attached hereto and incorporated herein by reference. Further, Vista shall make monthly progress payments for completed work within 30 days of receipt of invoice from Carlsbad. The parties agree that the spreadsheet attached hereto as Exhibit "B" is a fair estimate of the costs subject to modifications through the award of contract or change orders. Vista shall review final accounting and make payment to Carlsbad within thirty (30) days of final reimbursement request. The deposit may be credited toward the final monthly progress payments and the final reimbursement request. SECTION 4. ALLQCATLQiN OF COSTS Allocation of Design and Construction costs arc as shown in Exhibit "B", the costs are allocated at 89.6% Vista, 10.4% Carlsbad. 1/6/2011 Construction costs shall include the construction contract and necessary and mutually approved change orders. Vista shall pay its allocated portion of design and construction support by the consulting engineer, construction materials testing, special inspection, geotechnical testing, paleontological and environmental monitoring costs plus 6% of its allocated portion of the hard construction cost for Construction Administration and Management. The Construction Administration and Management payment shall be understood to cover project management, contract administration, engineering staff design review, and construction inspection, services that are performed by Carlsbad staff. SECTION 5. COST ACCOUNTING Carlsbad shall be responsible for the administration and accounting of all expenditures related to the construction of the Project. The Parties agree that Vista will pay its allocated portion of in actual and estimated costs shown in Exhibit "B" to Carlsbad per Section 3. Final accounting of the costs will be made after the Notice of Completion is filed. Carlsbad will issue a final invoice or reimburse excess remaining funds, to Vista at that time. When the Parties jointly receive the EPA Federal Appropriation of 5500,000 (less the 3% EPA admin portion) for the Project, the Parties agree to split the remainder of the EPA Federal Appropriation in accordance with the allocation of ownership with Vista at 89.6% and Carlsbad at 10.4% and apply it to their respective costs of the Project. SECTION 6. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. (Continued on next page.) -4- 1/6/2011 SECTION 7. ENTIRE AGREEMENT This Agreement, together with any other written document referred to, embody the entire agreement and understanding between the Parties relating to the subject matter hereof. In case of conflict between this Agreement and the Ownership Agreement, the terms of the Ownership Agreement shall prevail. IN WITNESS WHEREOF, each Party hereto has pursuant to resolution duly passed and adopted by its respective governing body this AGREEMENT and caused it to be executed and be effective on the date first above written. CITY OF VISTA, a chartered municipal corporation. By: JUDY HITTER, Mayor ATTEST: MARCI KILIAN. City Clerk By: APPROVED AS TO FORM: DAROLD PIEPER, City Attorney BY: CITY OF CARLSBAD, a chartered municipal corporation ATTEST: LORRAINE M. WOOD, City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Buena Vista Lift Station Exhibit "A-1" Vista/Carlsbad Interceptor VC2 Vista Metering Station M.H.No.35 VC3 Legend ForceMain Vista / Carlsbad Interceptor Not to Scale cr*^«*-t- > 5.«-i- «^ nahswrieriy apr rm.'s>aci 12-17-01.RL EXHIBIT "B" COST ALLOCATION BUENA VISTA LIFT STATION FORCE MAIN IMPROVEMENTS (VC-4) Description UNIT | QTY UNIT COST TOTAL COST DESIGN Carlsbad Staff Actual (12/7/10) $ 53,848 Brown & Caldwell Preliminary Design $ 156,511 Brown & Caldwell Final Design, PS&E $ 298,645 Brown & Caldwell Fee Amendment No. 1 $ 42,678 Brown & Caldwell Fee Amendment No. 2 $ 66,687 Oe$jgntotat " $ 618,369 CONSTRUCTION General Conditions LS $ 696,016 Segment 1 - 24" HOPE Pipeline (Single Run) LF 2400 $ 247 $ 592,800 Segment 1 - Vaults and Connections LS - - $ 120,536 Segment 1 - Rehab existying 24" DIP LF 2340 S 363 $ 849,420 Segment 2 - 24" HOPE Pipeline (Double Run) LF 1550 $ 300 $ 465,000 Segment 2 - Abandon Existing 24" DIP LF 600 $ 17 $ 10,187 Segment 3 - 24" DIP/ 22" HOPE (Single Runs) LS S 365,466 Segment 3 - Yard Piping and Vaults LS - - $ 944,840 Subtotal $ 4,044,265 CONSTRUCTION INSPECTION Project Management Construction Management & LS - 6.0% $ 242,656 Inspection w/City Staff Engineering Support Services: LS - $ 25,000 Material Testing LS - $ 60,000 Environmental Monitoring (including breading season) LS - S 25,000 American Indian/Archeology monitoring LS $ 1 0,000 Subtotal $ 362,656 Construction, andinspecfion Total - $4,406,921 Contingency 10% S 440,692 Grand Total Project $ 5,465,982 CARLSBAD % | Cost 10.4% $5,600 10.4% $16,277 10.4% $31,059 10.4% $4,439 10.4% $6,935 $ 64,3fO 10.4% $72,386 10.4% $61,651 10.4% $12,536 10.4% $88,340 10.4% $48,360 10.4% $1,059 10.4% $38,008 10.4% $98,263 420,604 10.4% $25,236 10.4% $2,600 10.4% $6,240 10.4% $2,600 10.4% $1,040 $ 37,716 $5^636 $ 52,263 $ 639,204 VISTA % | Cost 89.6% $48,248 89.6% $140,234 89.6% $267,586 89.6% $38,239 89.6% $59,752 $ 554,059 89.6% $623,630 89.6% $531,149 89.6% $108,000 89.6% $761,080 89.6% 5416,640 89.6% $9,128 89.6% $327,458 89.6% $846,577 $3,623,661 89.6% $217,420 89.6% $22,400 89.6% $53,760 89.6% $22,400 89.6% $8,960 $ 324,940 $3,948,601 $ 394,860 $ 4,897,520 Ownership Percentages per table "B" of ownership agreement Rev. 12-17-10