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HomeMy WebLinkAboutVista, City of; 1991-10-22;December 20, 1991 Jo Seibert, City Clerk City of Vista 600 Eucalyptus Ave. Vista, CA 92085 CONSTRUCTION OF PALOMAR AIRPORT ROAD IMPROVEMENTS AT BUSINESS PARK DRIVE The Carlsbad City Council, at its meeting of December 17, 1991, ad Resolution No. 91-407 approving an agreement with the City of Vista fov construction of Palomar Airport Road Improvements at Business Park Drive. Enclosed for your records is a fully executed original agreement, as well copy of Resolution No. 91-407. C1 erk Encs. 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2 0 a , *. \. .c AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF VISTA FOR THE CONSTRUCTION OF PALOMAR AIRPORT ROAD IMPROVEMENTS AT BUSINESS PARK DRIVE THIS AGREEMENT, executed this 22nd day of October , 19 91 , by between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to "CARLSBAD", and the CITY OF VISTA, a municipal corporation, hereinafter referred tc "VISTA" RECITALS 1. CARLSBAD, SAN MARCOS and VISTA desire to cooperate in constructic highway improvements consisting of: A. The design and construction of improvements to Palomar Airport F from El Camino Real to Business Park Drive to prime arterial stand including full width grading of 126 feet, paved for two (2) traffic Ian each direction, two (2) 6-foot bike lanes, an 18-foot raised median i: with no landscaping or paving, intersection improvements and traffic s modifications at El Camino Real, El Fuerte Street and Business Park and required drainage improvements appurtenant to the roal construction. The design and construction of San Marcos Boulevard from Business Drive to Acacia Avenue to prime arterial standards including full i grading of 126 feet paved for two (2) traffic lanes in each direction, t~ 6-foot bike lanes, an 18-foot raised median island with no landscapi paving, street lights, intersection improvements and traffic ! modification at Business Park Drive and Acacia Street and rec drainage improvements appurtenant to the roadway construction. B. (1) e 0 . .1 C. The design and construction of modifications to the intersectior Palomar Airport Road and Business Park Drive including installation free right-turn lane, traffic signal modification and appurtenant roadway drainage improvements. Said improvements referred to herein as the "PROJECT". CARLSBAD and VISTA do mutually desire to jointly participate in the construc of PROJECT and desire to specify herein the terms and conditions under which PROJECT be constructed, financed and maintained. 2. SECTION I CARLSBAD AGREES: (1) To act as lead agency for the purpose of design and environmental review and to prc all labor, materials, tools and equipment for PROJECT including advertising, a\ contract administration, Resident Engineer, material source inspection, indeper assurance and specialty testing, and such other construction engineering as mE required for satisfactory completion of PROJECT. To construct PROJECT by contract in accordance with plans and specifications preF by CARLSBAD and approved by VISTA, said plans being referred to as Improve Plans for Palomar Airport Road, Drawing No. 31 4-3. To establish separate PROJECT accounts to accumulate charges for all costs to be for by VISTA pursuant to this Agreement. To submit initial billing in the amount of $83.674 to VISTA upon award of constri contract. To receive from VISTA'S designated PROJECT representative prior approval of all ct- orders for work within their jurisdiction before implementation, except when necessi the safety of motorists and/or pedestrians or for the protection of property. Upon completion of PROJECT and all work incidental thereto, to furnish VISTA \ detailed statement of the total actual costs of construction and SERVICES for PROl including the costs of any contract claims which have been allowed to the constri contractor. SERVICES shall include cost of providing personnel resources anc equipment and all direct or indirect costs (functional and administrative ove assessment) or portion of services attributable to such work. CARLSBAD thereafte refund to VISTA any amount of VISTA'S deposits and payments CARLSBAD is h after actual costs to be borne by CARLSBAD have been deducted, or to bill VISTA f additional amount required to complete VISTA'S financial obligations pursuant 1 (2) (3) (4) (5) (6) (2) 0 a . 3. Agreement. To designate a project Resident Engineer who shall represent CARLSBAD as the si1 point of contact for PROJECT administration. To consult with VISTA in resolution of any contract claims associated with work w VISTA'S portion of the PROJECT. (7) (8) SECTION I1 VISTA AGREES: (1) To designate a single project representative authorized to act on behalf of VIST, relation to contract change orders and overall PROJECT coordination. To relinquish to CARLSBAD rights in the maintenance and operation of the construc zone within the boundaries of VISTA for the duration of construction and authoi CARLSBAD to act as its authorized agent to direct contractor for traffic control, si timing and other measures deemed necessary for construction and administration o PROJECT. To bear certain percentages of the actual cost of SERVICES for PROJECT, as estim on Exhibit "B". Said costs of SERVICES shall include costs of providing perso resources and their equipment and all direct and indirect costs (functional administrative overhead assessment) or portion of SERVICES attributable to such \ applied in accordance with standard accounting procedures. The actual coz SERVICES for PROJECT shall be determined after completion of all work and upon accounting of costs. To deposit with CARLSBAD within 20 days of receipt of billing therefor, the amount $83,674, to cover VISTA'S share of construction costs. as estimated on Exhibit "A Exhibit "B". To pay Carlsbad upon completion of all work and within 25 working days of receipt detailed statement made upon final accounting of costs therefor any amount over above the aforementioned deposits and payments required to complete VISTA'S fina obligation pursuant to this Agreement. Provide all rights of way required for construction of PROJECT within VISTA'S jurisdic Coordinate and bear all costs of utility relocations within the jurisdiction of VISTA pri or coordinated with PROJECT construction. To approve PROJECT plans and specifications within 10 days of final submitt: CARLSBAD. Within ten (1 0) days of completion of the PROJECT and notification by CARLSBAD, V shall inspect all work performed on the PROJECT and determine whether the work completed in accordance with VISTAS approved plans and specifications. If by the of this ten (10) day period, VISTA has not notified CARLSBAD in writing through ths (2) (3) (4) (5) (6) (7) (8) (9) (3) 0 0 . .. Engineer that the work materially varies from the approved plans, VISTA shall be dee to have accepted the PROJECT in accordance with the approved plans specifications. SECTION Ill IT IS MUTUALLY AGREED AS FOLLOWS: (1) In the construction of PROJECT, VISTA shall at no cost to CARLSBAD furni: representative. Said representative and CARLSBAD’S Engineer will cooperate consult with each other, but the decisions of CARLSBAD’S Resident Engineer shall pr as final, binding and conclusive in all matters concerning PROJECT construction con except as provided in Paragraph (5) of Section I. Upon completion and acceptance of the PROJECT construction contract by CARLSE CARLSBAD will accept control of and maintain at it own cost and expense those port of PROJECT lying within CARLSBAD’S right of way. VISTA will accept control and maintain at its own cost and expense the portions of prc lying within VISTA’S right of way. Maintenance of traffic signal at Business Park [: shall be the joint responsibility of VISTA and SAN MARCOS subject to the terms separate agreement. Upon completion of all work under this Agreement, ownership and title to mater equipment and appurtenances which are installed within CARLSBAD’S right of wa) automatically be vested in CARLSBAD, and materials, equipment and appurtenai which are installed within VISTA’S right of way will be vested in VISTA. No fui agreement will be necessary to transfer ownership as hereinabove stated. Liability and Indemnification: Pursuant to Section 895.4 of the Government C CARLSBAD and VISTA agree that each will assume the full liability imposed upon it or of its officers, agents or employees for injury caused by a negligent or wrongful ac omission occurring in the performance of this agreement, and each party agree indemnify and hold harmless the other party for any loss, cost or expense that ma imposed upon such other party by virtue of Sections 895.2 and 895.6 of the Governr Code. The indemnity provisions are not limited in any way by the extent of any polic insurance currently in force and held by either party. CARLSBAD agrees tha construction contracts for the PROJECT shall include indemnity provisions and insun provisions, whereby the contractor indemnifies CARLSBAD and VISTA and adds Cities as additional insureds on Insurance Policy. Unless otherwise specifically provided in this Agreement, all notices, demands or c communications given hereunder will be in writing and will be deemed to have been delivered upon personal delivery or as of the second business day after mailing by Ut States mail, return receipt requested, postage prepared and addressed as follows: (2) (3) (4) (5) (6) (4) e e . .. If to VISTA: William Hughes City Engineer 600 Eucalyptus Avenue P.O. Box 1988 Vista, CA 92083 If to CARLSBAD: Lloyd Hubbs City Engineer 2075 Las Palmas Drive Carlsbad, CA 92009-4859 (7) (8) This Agreement may not be modified, amended, or otherwise changed unless b amendment, in writing, executed by the parties hereto. This Agreement shall terminate after completion of the PROJECT and payment ( amounts due under the terms of this Agreement. Duplicate originals are on file in the offices of the City Clerks. (9) IN WITNESS WHEREOF, this Agreement is executed by the City of CARLSBAD an1 the CITY OF VISTA pursuant to action taken by the City Council. CITY OF VISTA, A municipal corporation CITY OF CARLSBAD, a municip: DATE: /b -J-:”‘Y/ DATE: /d- Ir e ?/ ATTEST: ATTEST: 6?-!- LEE RAUTENKRANZ, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: RON NULL City Attorney By: (5) e e t- CITY OF VISTA PORTION OF PALOMAR AIRPORT ROAD ENGINEER'S ESTIMATE (lOO+OO - 245+15) ITEM QUANTITY/UNIT I, COST PERMANENT IMPROVEMENTS: Clearing L Grubbing 2 a.c. $2,00p.O0 691 A.C. Paving 7,500 s.f. 0.85 Mobilization LUMP SUM 911 Class I1 Base 8,500 s.f. 6.55 4.511 Class XI Subbase & Prep. 8,500 s.f. 0.20 7.51' Recycled Material Subbase 8,500 s.f. 0.30 Sawcut Existing Pavement 300 1.f. 1.00 Recompact Basement Subgrade 8,500 s.f. 0.13 2" (average) A.C. Overlay 1,200 s.f. 0.45 6" Type lrB-lll Median Curb 197 1.f. 5.00 6" Type lrG*n Curb L Gutter 385 1.f. 6.00 Remove Existing Paving 2,150 s.f. 0.50 Remove Existing Curb 195 1.f. 3.00 Street Lights 1 ea. 3,000. 00 Street Lights (Relocated) 1 ea. I, 500.00 Remove Existing Dike 95 1.f. 1.00 Final Striping LUMP SUM Final Signing LUMP SUM Inlet Apron 1 ea. 1,250.00 is11 R.C.P. Drain (135042) 22 1.f. 50 . 00 24" R.c.P. Drain (1350-D) 21 1.f. 60.00 Type IrBtl Brow Ditch 2,415 1.f. 9.00 Type 11A-481 Cleanout 1 ea. 3,000.00 Ving Headwall 3. ea. 2,580.00 SUBTOTAL - PERMANENT IMPROVEMENTS 15% Contingencies TOTAL - PERMANENT IMPROVEMENTS TEMPORARY IMPROVEMENTS : TOTAL - ALL IMPROVEMENTS EX H I B I T I' A" e e 9 -' ? .- PALOMAR AIRPORT ROAD DESIGN AND CONSTRUCTION COST ESTIMATES CONSTRUCTION Carls bad .&.. ,v $3,46: San Marcos 1,63! Vista 71 TOTAL $5,17. % CONSTRUCTION COST Carlsbad $3,463,432/$5,177,107 = 6 San Marcos $1,639,175/$5,177,107 = 3 Vista $74,500/$5,177,107 = EXHIBIT 'I B"