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HomeMy WebLinkAboutCarlsbad Unified School District; 2009-05-20;AGREEMENT FOR REIMBURSEMENT OF DESIGN, CONSTRUCTION, AND CONSTRUCTION MANAGEMENT COSTS FOR THE AVIARA OAKS ELEMENTARY/MIDDLE SCHOOL DRIVEWAY INTERSECTING AMBROSIA LANE AT CONOSA WAY THIS AGREEMENT FOR REIMBURSEMENT OF DESIGN, CONSTRUCTION, AND CONSTRUCTION MANAGEMENT COSTS FOR THE AVIARA OAKS ELEMENTARY/MIDDLE SCHOOL DRIVEWAY INTERSECTING AMBROSIA LANE AT CONOSA WAY ("Reimbursement Agreement"), dated as of MTY^QL>A olO , 2009 ("Effective Date"), is made at San Diego County, C^orniaT Between the CITY OF CARLSBAD, a municipal corporation, ("City"), and the Carlsbad Unified School District ("District"), with reference to the following: RECITALS A. City and District acknowledge the importance of providing safe and effective vehicle and pedestrian egress from Aviara Oaks Elementary School and Aviara Oaks Middle School. B. City and District desire to establish mutually agreed upon responsibilities for the funding, design, construction, and construction management inspection of the school driveway at its intersection with Ambrosia Lane at Conosa Way. C. The improvements to the driveway egress are at Ambrosia Lane and since it is in the best interest of both the City and District to jointly construct the school egress driveway improvements at the same time by the same contractor, the costs incurred shall be equally shared by the City and District. NOW, THEREFORE, in consideration of the above recitals, City and District do hereby mutually and jointly agree to participate in the design, construction, and construction management of said school egress driveway where it intersects Ambrosia Lane at Conosa Way, as follows: CITY OBLIGATIONS: 1. City shall obtain the services of a professional consulting civil engineering company to design the school egress driveway improvements. 2. City shall, through the services of the consulting civil engineering company, prepare the plans, specifications, and estimates to construct the school egress driveway improvements. 3. City shall solicit competitive construction bids to construct the school egress driveway improvements and award said construction contract to the lowest responsible bidder. -1- 4. City shall perform construction administration and inspection of the school egress driveway improvements. 5. City shall authorize District to inspect the school egress driveway improvements. 6. City shall track and record charges for all costs to be paid by the District pursuant to this Agreement. 7. City shall designate a construction inspector who shall represent the City as the single point of contact during the project construction. 8. Upon completion of the school egress driveway improvements and all work incidental thereto, City shall furnish the District with a detailed statement of the total actual cost of design and construction, including the cost of any contract claims or change orders, and construction management. DISTRICT OBLIGATIONS: 1. District shall obtain the authority to construct on adjacent private property prior to the City soliciting competitive bids for the project. 2. District shall provide authority to construct upon District property. 3. District shall designate a single project representative authorized to act on behalf of the District regarding inspection, discussion of contract changes orders with the City, and overall project coordination. The project representative shall respond expeditiously to all construction inquiries so as to avoid delaying the contractors work. 4. District shall pay to the City fifty (50%) of all school egress driveway costs for design, construction, and construction management. Payment to the City shall be within thirty (30) calendar days of receiving an invoice. CITY and DISTRICT mutually agree that: 1. City shall not advertise a construction contract until it has received written approval from District approving plans, specifications, and estimates for the school egress driveway project. Said approval by the District shall be within thirty (30) calendar days of receipt of the plans, specifications, and estimates. 2. Upon completion of the school egress driveway project, ownership and title to materials and appurtenances that are installed within City's right of way will automatically be vested in and maintained by City. Materials and appurtenances that are installed on the District's property will automatically be vested in and maintained by the District. 3. Pursuant to Section 895.4 of the Government Code, City and District agree that each will assume the full liability imposed upon it or any of its elected officials, officers, -2- agents, or employees for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, and each party agrees to indemnify, defend 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. 4. District shall not assign this agreement or any part thereof or any monies due thereunder without the prior written consent of the City. 5. This agreement may not be modified, amended, or otherwise changed unless by an amendment, in writing, executed by the parties hereto. 6. This agreement shall terminate after the egress driveway improvements contemplated by the agreement have been constructed, after all payments required under this agreement have been made, and maintenance responsibilities have been assumed by the City and the District in accordance with the terms of the agreement. 7. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery services), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, address as specified herein. Notices required to be given to District shall be addressed as follows: Carlsbad Unified School District Attn: Superintendent 6225 El Camino Real Carlsbad, CA 92009 Phone:(760)331-5000 Fax:(760)431-6707 Notices to the City shall be delivered to the following: City of Carlsbad Engineering Department Attn: City Engineer 1635 Faraday Avenue Carlsbad, CA 92008 Phone: (760) 602-2752 Fax: (760) 602-8562 Each Party shall notify the other immediately of any changes of address that would require any notice delivered hereunder to be directed to another address. 8. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California. -3- 9. This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein, and supersedes all negotiations, discussions, and prior drafts with respect to this subject matter. 10. This Agreement may only be amended by a written instrument executed by both City and District. 11. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit. 12. The invalidity or unenforceability of any provision of this Agreement, as finally determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. 13. The following exhibits are attached to and by this reference incorporated into and made a part of this Reimbursement Agreement: A. Exhibit A - Location Map -4- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. DISTRICT: Carlsbad Unified School District ohn A. Roach Ed. D. Superintendent CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:. Deputy City Attorney ATTEST: LORRAINE M. WOOD City Clerk -5- LOCATION MAP is CO1 CONOSA WAY NOT TO SCALE PROPOSED IMPROVEMENTS COQ PROJECT NAMEAMBROSIA LANE/AVIARA OAKS SCHOOL EGRESS DRIVEWAY SIDEWALK IMPROVEMENTS EXHIBIT A