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HomeMy WebLinkAboutCalifornia, State Of; 1997-01-08; 11-0540/A1013703 11-SD-5 KP R76.4lR78.0 Agreement No. 11-0540/Al Cannon Road IC EA 11-059100 AMENDMENT No. 1 TO AGREEMENT This AMENDMENT entered into on 3U.W 25 2002, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to hereiQ as-“STATE,” and CITY OF CARLSBAD, a Municipal corporation of the State of California, referred to Herein as “CITY.” RECITALS 1. The parties hereto entered into an Agreement, Document No. 11-0540 on January 8, 1997, said Agreement defining the terms and conditions of a project to make improvements consisting of widening the existing interchange ramps, metering the entrance ramps, signalizing and channelizing the local street and ramp termini intersections and constructing merge lanes on Interstate 5, north and south of the Cannon road interchange in the City of Carlsbad, referred to herein as “PROJECT.” 2. It has been determined that PROJECT will not be constructed prior to the termination date of said Agreement. Agreement No. 1 l-O54O/AI 013703 IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specifies in Section 111, Article 24 of the original Agreement shall now be June 30,2004 instead of June 30, 2002. 2. The other terms and conditions of said Agreement, Document No. 11- 0540 shall remain in full force and effect. 3. This Amendment to Agreement is hereby deemed to be part of Document No. 11-0540 STATE OF CALIFORNIA Department of Transportation CITY OF CARLSBAD JEFF MORALES - BY .@$- Allan Kosup, Deputy District Director Progrdroject Management By: City Manager Certified as to funds: APPROVED AS TO FORM: B? City Attorney Bi $eputy City Attorney Accounting Administrator Page 2 of 2 - 013703 CITY OF CARLSBAD -AGENDA BILL I I , .B# 16,804 ~~ APPROVAL OF AMENDMENT TO I DEPT. HD.U+~ CITY OF CARLSBAD/STATE OF CALIFORNIA ITG. 6/25/02 CITY COOPERATIVE AGREEMENT FOR CANNON ROAD AND INTERSTATE 5 RAMP WIDENING, PROJECT NO. 3438 IEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. 2002-188 approving an extension of Cooperative Agreement #11- 0540 with the State of California for Cannon Road and Interstate 5 Ramp Widening, Project No. 3438. ITEM EXPLANATION: The State of California (“State“) is requesting an extension to the Cooperative Agreement No. 11- 0540 (“Agreement“) for the Cannon Road and Interstate 5 Ramp Widening. The City of Carlsbad (“City”) and the State joined with other agencies as part of the Team California Leg0 Pointe Working Committee to put together an Incentive Package to encourage development of LEGOLAND Family Theme Park in Carlsbad. This incentive package included improvements to the Cannon Roadll-5 the Agreement, The improvements have been completed by the State. A provision of the Agreement Interchange. The respective road improvement responsibilities of the City and the State are defined in Agreement requires that the State convey to the City right-of-way that was acquired by the State on required that the State obtain right-of-way as may be required to construct the improvements. The behalf of the City that is outside of the State’s right-of-way. The State has initiated this process. The conveyance will not be complete before the Agreement expires June 30, 2002. The State is requesting a two-year extensio’n to the Agreement. Staff recommends that City Council authorize the City Manager to execute Amendment No. 1 to the Agreement extending the Agreement until June 30, 2004. FISCAL IMPACT: Staff anticipates costs associated with accepting the conveyance of land will not exceed $5,000. Sufficient funds are currently available in the project account. EXHIBITS: 1. Location Map 2. Resolution No. 2002-188 approving an extension of Cooperative Agreement #I 1- 0540 with the State of California for Cannon Road and Interstate 5 Ramp Widening, Project No. 3438. 3. Amendment No. 1 to Agreement. . 013703 1 I 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CALIFORNIA, FOR CANNON ROAD AND INTERSTATE 5 RAMP WIDENING. PROJECT NO. 3438. COOPERATIVE AGREEMENT 31 1-0540 WITH THE STATE OF 013703 WHEREAS, the City Council of the City of Carlsbad, entered into Cooperative Agreement tl1-0540 (“Agreement“) on January 8, 1997, with the State of California (“State”) for certain rnprovements at the Interstate 5 and Cannon Road interchange; and WHEREAS, The Agreement requires that the State obtain all necessary right-of-way equired for the project; and WHEREAS, the Agreement requires the State to convey all permanent right-of-way utside of the State right-of-way to the City; and WHEREAS, the State has just begun the process to convey right-of-way located in the City Ind outside State right-of-way to the City; and WHEREAS, the State’s conveyance of. the right-of-way will not be completed prior to the igreement‘s expiration date of June 30,2002; and WHEREAS, the State is requesting a two-year time extension to the Agreement to allow he State to complete the right-of-way conveyance to the City; and WHEREAS, the City Council of the City of Carlsbad, California, has determined it lecessary, desirable, and in the public interest to amend the Agreement with the State of zalifornia for a two-year time extension until June 30, 2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, :alifornia, as follows: 1. That the above recitations are true and correct. 2. That Amendment No. 1 (#11-054O/Al) for a time extension to Cooperative Agreement do. 11-0540 with the California Department of Transportation for the construction of the Cannon toad and Interstate 5 Ramp Widening and Signal, Project No. 3438, is hereby approved and the Xy Manager is hereby authorized and directed to execute said Amendment. That following the :ity Manager‘s signature of said Amendment, four (4) original Amendments shall be forwarded to ,. 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 013703 le Deputy Public Works Director, Engineering Services, to coordinate execution by the State of :alifornia. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council ,eld on the 25th day of JUNE , 2002 by the following vote, to wit: AYES: Council Members Lewis, N iTTEST n Page 2 of 2 of Resolution No. 2002-188. (SEAL) DEPARTMENT OF TRANSPORTATION DISTRICT 11 2829 JUAN STREET P. 0. BOX 85406 MS-27 SAN DEGO, CA 92110 DEPARTMENT PHONE (619) 688-0283 FAX (619) 220-5387 JUL 3 1 2002 ENGINEERING Flexyourpower! Be energy eflcienr! July 25,2002 11-SD-5 KF' R76.4R78.0 Agreement #11-054O/Al EA 11-059100 ZuCav&b.rn*L* Cannon Road IC I .. GI". gW,( Dear Mr. Mannen: Enclosed is a fully executed original copy of the time Amendment for Cooperative Agreement No.11-0540 between the State of California and the City of Carlsbad. This Agreement is to make improvements consisting of widening the existing interchange ramps, metering the entrance ramps, signalizing and channelizing the local street and ramp termini intersections and constructing merge lanes on Interstate 5, north and south of the Cannon Road interchange in the City of Carlsbad. If you have any questions regarding this document, please feel free to contact Mr. John Rieger, Project Manager, at (619) 220-5391. Sincerely, c LUPE' JENKINS Cooperative Agreements Attachment U 1 l-SD-5 KP R76.4 / R78.0 EA 11275-059100 Agreement 1 l-0540 Cannon Road IC COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and City of Carlsbad, a body politic and a municipal corporation of the State of California, referred to herein as CITY RECITALS 1. STATE and CITY pursuant to Streets and Highways Codes Section 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 2. STATE and CITY desire STATE highway improvements consisting of widening the existing interchange ramps, metering the entrance ramps, signalizing and channelizing the local street and ramp tcrmini intersections and constructing merge lanes on Interstate 5, north and south of the Cannon Road interchange in the City of Carlsbad referred to herein as “PROJECT” and desire to define herein the terms and conditions under which PROJECT is to be engineered, constructed, financed and maintained. 3. Extended plant establishment for PROJECT will be done under another contract and agreement. 1 l-0540 SECTION I STATE AGREES: 1. To provide all necessary preliminary engineering, including plans and specifications and utility identification and location, and all necessary construction engineering services for PROJECT and bear STATE’s share of the actual expense thereof. Estimates of such costs are shown on Exhibit A, attached and made a part of this Agreement. 2. To advertise, open and review bids and award the construction contract for PROJECT. 3. To construct PROJECT by contract in accordance with plans and specifications of STATE. 4. To pay an amount equal to 50% of the actual PROJECT construction cost, estimated to be $1,250,000, but in no event shall STATE’s total obligation for PROJECT construction costs under this Agreement, excluding costs referred to in Section III, Article 12 of this Agreement, exceed the amount of $2,800,000; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. 5. To pay an amount equal to 50% of the actual right of way capital and right of way acquisitions costs, estimated to be $134,000, but in no event shall STATE’s total obligation for said PROJECT right of way costs under this Agreement exceed the amount of $200,000; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. 6. To acquire all necessary right of way as may be required for construction of PROJECT and CITY hereby authorizes STATE to acquire in its behalf all such necessary right of way required for PROJECT. 7. To convey to CITY upon completion of construction of improvements referred to herein, all permanent drainage easements and/or all right, title and interest held by STATE in and to those areas acquired by STATE for PROJECT which lie outside States right of way, which areas are shown on Exhibit B, attached hereto and made a part of this Agreement. 8. To convey to CITY upon completion of acquisition and upon receipt of payment from CITY of actual cost due STATE for said acquisition, good and sufficient fee title in and to that real property acquired by STATE for CITY. 2 1 l-0540 9. 10. 11. 12. 13. 14. 15. 16. To prepare fair market value appraisal reports on all parcels of right of way required for PROJECT. To account for all PROJECT costs to be paid for by CITY pursuant to this Agreement. To submit an initial billing in the amount of $63,000 to CITY within 30 days after execution of this Agreement and prior to commencement of any work performed by STATE. Said initial billing represents CITY’s share for two months estimated costs of preliminary engineering and for one month estimated right of way capital and right of way acquisition costs for PROJECT. Thereafter, to prepare and submit to CITY monthly billing statements for estimated expenditure for preliminary engineering, right of way capital and right of way acquisition costs one month in advance to CITY as development of PROJECT proceeds. To submit an initial billing in the amount of $190,000 to CITY, 15 days prior to STATE’s bid advertising date of a construction contract for PROJECT. Said initial billing represents CITY’s share for two months estimated cost of construction engineering and for one month estimated construction cost. Thereafter to prepare and submit to CITY, monthly billing statements for estimated expenditures for construction and construction engineering one month in advance of construction as PROJECT proceeds. To consult with CITY on all change orders with an estimated cost of over $50,000 before implementation, except when necessary for the safety of motorists and or pedestrians of for the protection of property. To provide CITY quarterly reports of actual expenditures compared to the monthly advance made by CITY and to provide updated planned reimbursement schedules. The payment amounts may be revised based on updated planned expenditures. CITY will monitor the actual versus the planned expenditures monthly to assure that CITY payments pursuant to Section II, Articles 1, 2, 3 and 4 will always be sufficient. 1 l-0540 17. Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a detailed statement of the portion of preliminary engineering, right of way capital, right of way acquisition, construction and construction engineering costs to be borne by CITY, including resolution of any construction related claims which have been allowed to the construction contractor. STATE thereafter, shall refund to CITY, promptly after completion of STATE’s final accounting of PROJECT costs, any amount of CITY’s deposits required in Section II, Article 1 and 3 remaining after actual costs to be borne by CITY have been deducted, or to bill CITY for any additional amount required to complete CITY’s financial obligations pursuant to this Agreement. 18. To maintain the entire traffic control signals and safety lighting as installed and pay an amount equal to 50% of the total maintenance costs, including electrical energy costs. 19. To operate the traffic control signals as installed and pay one hundred percent (100%) of the operation cost. SECTION II CITY AGREES: 1. To deposit with STATE within twenty-five (25) days of receipt of billing therefor, the amount of $63,000, which figure represents CITY’s estimated share of the estimated initial deposit for two months estimated cost of preliminary engineering and for one month estimated right of way capital and right of way acquisition cost required for PROJECT. 2. To deposit with STATE not later than ten (10) days preceding the beginning of each month, the estimated expenditures for that month and to continue making such advance deposits on a monthly basis until completion of PROJECT development. 3. To deposit with STATE within twenty (20) days of receipt of billing (which billing will be forwarded 15 days prior to STATE’s bid advertising date of a construction contract for PROJECT), the amount of $19O,OOo. Said figure represents CITY’s share of the estimated initial deposit for one month estimated construction cost and two months estimated cost of construction engineering required to complete PROJECT. 4 1 l-0540 4. To deposit with STATE not later than ten (10) working days preceding the beginning of each month, the estimated expenditures for that month, and to continue making such advance deposit on a monthly basis until completion of PROJECT construction. 5. CITY’s share of the construction cost (estimated to be $1,250,000 ) shall be an amount equal to 50% of the total actual construction cost including the cost of construction related claims, the cost of STATE defense of any of those claims and the cost of STATE-furnished material, if any, as determined after completion of work and upon final accounting of costs. 6. CITY’s share of the expense for right of way capital and right of way acquisition (estimated to be $134,000) shall be an amount equal to 50% of the total actual right of way capital and right of way acquisition cost. 7. CITY’s share of the expense of preliminary engineering (estimated to be $184,000) shall be an amount equal to 50% of STATE’s actual costs for preliminary engineering for the entire PROJECT. 8. CITY’s share of the expense of construction engineering (estimated to be $229,000) shall be an amount equal to 50% of STATE’s actual costs of construction engineering for the entire PROJECT. 9. To pay STATE upon completion of all work and within twenty (20) days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete CITY’s financial obligation pursuant to this Agreement. 10. To reimburse STATE for CITY’s proportionate share of the cost of maintenance of traffic control signal(s) and safety lighting, such share to be an amount equal to 50% of the total maintenance costs, including electrical energy costs. 5 1 l-0540 SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of funds by the California Transportation Commission. 2. Should any portion of PROJECT be financed with Federal Funds or STATE gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shah apply notwithstanding other provisions of this Agreement. 3. STATE’s goals for the utilization of Minority, Women’s and Disabled Veteran Business Enterprise (MBE, WBE and DVBE) will be included in the construction contract. The contract goals will be based on a technical analysis of contract items and certified MBE, WBE and DVBE subcontractors in the area. STATE will award construction contract to the lowest responsible bidder who meets the goals or who made, in the sole judgment of STATE, a good faith effort to do so. 4. After opening of bids for construction of PROJECT, CITY’s estimate of cost will be revised based on actual bid prices. CITY’s required deposit under Section II, Article 3 of this Agreement will be increased or decreased to match said revised estimate. If deposit increase of decrease is less than $1,000, no refund or demand for additional deposit will be made until final accounting. 5. STATE shah not award a contract to construct PROJECT until after receipt of CITY’s deposit required in Article 3 of Section II of this Agreement. 6. Prior to advertising of bids for the construction contract for PROJECT, CITY may terminate this Agreement, in writing, provided that CITY pays STATE for ah PROJECT related costs incurred by STATE under terms of this Agreement. 7. If upon opening of bids for PROJECT, the lowest responsible bid is not more than 10% over the Engineer’s Estimate, STATE and CITY may conduct a joint review of the bids immediately following opening of bids and prior to submittal of STATE District 1 l’s letter of recommendation to award to STATE’s Office Engineer in Sacramento, if so requested by CITY. After the joint review and within the time allowed for award, STATE may award the construction contract for PROJECT. 6 1 l-0540 8. If upon joint review of the aforementioned bids, CITY by written notice to STATE’s District 11 Office, elects to not proceed with PROJECT, thereby causing STATE to reject all bids, CITY agrees to pay STATE for all PROJECT-related costs incurred by STATE, including all legal costs and damages resulting from rejection of all bids for PROJECT. 9. If upon opening of bids for PROJECT, it is found that the lowest responsible bid exceeds the Engineers Estimate by more than lo%, STATE and CITY shah consult upon a course of action. If, after fifteen days (15) days, a course of action is not agreed upon, this Agreement shah be deemed to be terminated by mutual consent pursuant to Article 10 of this Section III. 10. If termination of this Agreement is by mutual consent, STATE will bear 50% of all costs and CITY will bear 50% of all PROJECT related costs incurred by STATE prior to termination, except that any utility relocation costs shah be prorated in accordance with STATE’s/CITY’s responsibility for utility relocation costs. 11. After award of the construction contract for PROJECT, should CITY, after a request by STATE, not author& funding beyond the amounts stated in Articles 3 and 4 of Section II above, STATE shah insure that all operating roadways are in a safe and satisfactory permanent operating condition and then shah cease work on PROJECT. Additional costs incurred in excess of payments made will be billed subject to payment by CITY within thirty (30) days or STATE, acting through the State controller, may withhold an equal amount from future apportionments due CITY for the Highway User Tax Fund. 12. If any existing public and / or private utility facilities conflict with PROJECT construction or violate STATE’s encroachment policy, STATE shah make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. STATE shah inspect the protection, relocation or removal. If there are costs of such protection relocation or removal which STATE and CITY must legally pay, STATE and CITY shall share in the cost of said protection, relocation or removal, plus costs of engineering overhead and inspection, in the amount of 50% STATE and 50% CITY. If any protection, relocation or removal of utilities is required, such work shah be performed in accordance with STATE policy and procedure for those facilities within the limits of work providing for the improvements to the State highway and in accordance with CITY policy for those facilities outside of the limits of work providing for the improvements to the State highway. 13. In the construction of said work, STATE will furnish a representative to perform the functions of a Resident Engineer and CITY may, at no cost to STATE, furnish a representative, if it so desires, and said representative and Resident Engineer will cooperate and consult with each other but the decision of State’s Resident Engineer shah prevail as final, binding and conclusive in all matters concerning the PROJECT construction contract. 7 1 l-0540 14. If any unforeseen potential hazardous waste sites are encountered during construction of PROJECT, STATE and CITY shah meet and confer on a course of action. The responsibilities and costs for any action shah be covered by amendment to this Agreement. 15. Upon completion and acceptance of the PROJECT construction contract by STATE, STATE will accept control and maintain, at its own expense, those portions of PROJECT lying within STATE’s right of way, except local roads delegated to CITY for maintenance. STATE will maintain, at STATE expense, the entire structure below the deck surface of any CITY local road overcrossings. 16. CITY will accept control and maintain at its own cost and expense, the portions of PROJECT lying outside STATE’s right of way. Also CITY will maintain at CITY’s expense, local roads within STATE’s right of way delegated to CITY for maintenance and remaining portions of the structure, including the deck surface and above, as well as all traffic service facilities that may be required for the benefit or control of CITY street traffic. 17. The cost of any engineering or maintenance referred to herein in this Agreement shah include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE’s standard accounting procedures. 18. Execution of this Agreement by CITY grants STATE the right to enter upon CITY owned lands to construct PROJECT. 19. Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenance installed within State’s right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE’s right of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as hereinabove stated. 20. Nothing in the provision of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 8 , .A ,’ 1 l-0540 21. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shah fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 22. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Codes Section 895.4, STATE shah fully defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 23. No alteration or variation of the terms of this Agreement shah be valid unless made writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shah be binding on any of the parties hereto. 9 1 l-0540 24. Except as otherwise provided in Articles 6, 8 and 10 of this Section III, those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by STATE, or on June 30, 2002, whichever is earlier in time; however, the ownership, operation, maintenance, liability and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. Should any construction related claim arising out of PROJECT be asserted against STATE, CITY agrees to extend the termination date of this Agreement and provide additional funding as required to cover CITY’s proportionate share of costs or execute a subsequent Agreement to cover those eventualities. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By: District Division Chief-Design CITY OF CARLSBAD Certified as to funds: District Budget Manager Attest: Approved as to form and procedure: Approved as to form: Attorney, Department of Transportation Certified as to Procedure: Accounting Administrator 10 1 l-0540 EXHlBlTA Exhibit A COST ESTlMA~ Qnnon Road. IC Imorovementq Item . Project ReportEIR R/w support Design Subtotal, Prehhry Engineering Iuw&utility Relocation Subtotal R/W & preliminarv Construction Engineering Road Construction City of Carlsbad CaltranS Total $0 $50,000 $50,000 $66,ooo $66,ooo $132,000 $184,000 $184,000 $368,000 $=o.ooa $300.000 $550.000 $68.ooo $68.000 $136.ooo $318,000 $368,000 $686,000 $229,ooo $229,ooo $458,000 %1.25o.900 %1.250.000 %2.500.000 Sub Total, Construction %1.479.OOQ $1.479.000 %2,958.ooo Total, FWimiwy, R/W and Construction $1,797,000 $1,847,000 $3,644,000 Deposit Amounts for City: based on 8 months design and 9 months, construction Deposit, Article 11, Section I: $184,000 / 8 months x 2 = $46,000 +$134,000 / 8 months = $16,750 $62,750 say $63,000 Deposit, Article 13, Section I $1,250,000 / 9 months = $139,000.00 +($229,000 / 9 months ) X 2 = $50,888.89 $189,888.89, Say $190,000 11 - ‘MTE IT - DON’T SAY T! , To File From Isabelle Paulsen Date January 9 0 Reply Wanted ONo Reply Necessary 1997 On this date, Sherri Howard, Engineering, was sent the four vellum originals of the agreement with CalTrans for the Cannon Road/I-5 Interchange, Project No. 3438. It was requested that a fully signed copy/original agreement be sent to this office for filing. Council Meeting: January 7, 1997 Resolution No. 97-7.