HomeMy WebLinkAbout1991-12-17; City Council; 11488; APPROVAL OF AGREEMENTS WITH VISTA AND SAN MARCOS FOR CONSTRUCTION OF PALOMAR AIRPORT ROAD AND SAN MARCOS BLVD. FROM EL CAMINO REAL TO ACACIA AVENUEc
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CIT)OF CARLSBAD - AGENDWILL rr."C. .-
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AB#+ TITLE: APPROVAL OF AGREEMENTS WITH VISTA AND SAN MARCOS FOR CONSTRUCTION OF
PALOMAR AIRPORT ROAD AND SAN MARCOS BLVD. DEPT. ENG FROM EL CAMINO REAL TO ACACIA AVENUE
RECOMMENDED ACTION:
DEPT. i
CITY A1
CITY M(
MTG.1 /17/91
Adopt Resolutions Nos. 9 / - q c 6 and q/ - 5'07 approving agreements v
the cities of Vista and San Marcos providing for the joint construction of Palomar Air1
Road and San Marcos Boulevard between El Camino Real and Acacia Avenue.
ITEM EXPLANATION:
In April of 1990 it was determined that the Palomar Airport Road/El Camino R
intersection and the road segment east of El Camino Real failed to meet the Grov
Management standard. Security for a construction project was developed from Zonf
property owners and design initiated to improve both the roadway and intersection,
In order to insure that this segment of roadway continues to meet standards it is requir
that the roadway be improved east of the intersection of Palomar Airport Road \hi
Business Park Drive. This construction requires the cooperation of both the Cities
Vista and San Marcos. Over the past year and a half, staff has been pursuing the projc
design and right-of-way acquisition in cooper ation with both agencies.
Because the project costs are over 60% in the City of Carlsbad and because the proje
is dictated by the Growth Management Program, Carlsbad has taken the lead in projG
development.
The accompanying agreements establish Carlsbad's role as lead agency and detail tt
fiscal and cooperate arrangements which will be utilized through construction of tt
project.
Highlights of the two agreements are as follows:
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Carlsbad shall act as lead agency for contract administration,
Change orders except those involved !with safety, shall receive prior approval c
the jurisdiction affected.
Each agency shall designate a single point of contact authorized to act on beha
of the agency.
Carlsbad will obtain approval of each agency prior to award the contract.
Carlsbad will receive approval of other agencies prior to final acceptance of th<
project. Each agency has 10 days to respond to notice of final inspection. If nc
response is received it shall be deemed accepted.
Vista will post its entire estimated share of $83,674 within 20 days of receipt oi
billing following award of the contract.
San Marcos will pay $1 06,512 to cover design cost within 20 days of execution
of this agreement. Eight hundred fifty thousand dollars of the TRANSNET funds
will be posted 30 days prior to award of a construction contract. The remaining
funds estimated to total $1,639,175 will be billed as construction progresses.
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I PAGETWOOFAB# 11 Y8'8
The overall project when complete will provide grading for the full ultimate width bL
only construct an interim four-lane section with an unimproved median is
Construction will involve the upgrading of traffic signals at Business Park Drive, El F
and Acacia Avenue. The intersection of Palomar Airport Road and El Camino Re:
be improved as a separate project.
FISCAL IMPACT
The total project is estimated at $5,823,733. The agency distribution of costs ai
follows:
Carlsbad $3,896,022
San Marcos $1,844,037
Vista $ 83,674
Approximately 50% of the funding of the project will be drawn from Route 78 Cor
Reserve TRANSNET funds. Local matching funds are the responsibility of each agc
Carlsbad proposes to provide matching furids from its share of local TRANSNET fu
The proposed 1992 Capital Improvement Program( C.I.P.) allocates $2,150,000 in reg
TRANSNET funds and $2,300,000 in local TRANSNET funds to this project.
combined funding exceeds our current project estimates.
A portion of the costs of median construction will be reimbursed by Bedford Prop€
and Techbuilt Construction to satisfy development exactions required for the Carl!
Oaks Business Park, CT 74-21.
It is anticipated that owners of properties that are presently undeveloped fronting Pal(
Airport Road will reimburse the City's local Transnet contribution at the time
properties are developed.
EXHIBITS:
1. San Marcos Agreement
2. Vista Agreement
3. Resolution No. 4 I - 4Q b' approving an Agreement with the City of
Marcos to construct Palomar Airport Road and San Marcos Boule
Improvements.
Resolution No. 9 / - g@) approving an Agreement with the City of Vis
construct Palomar Airport Road .and San Marcos Boulevard Improvements.
4.
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE CITY OF SAN MARCOS FOR THE CONSTRUCTION OF
PALOMAR AIRPORT ROAD AND SAlN MARCOS BOULEVARD
IMPROVEMENTS FROM EL CAMINO REAL TO ACACIA AVENUE
THlSAGREEMENTismadethis 8th dayof October , 19 91 1 by an
between the CITY OF CARLSBAD, California a municipal corporation, hereinafter referred to 8
"CARLSBAD", and the CITY OF SAN MARCOS, California, a municipal corporation, hereinaftc
referred to as "SAN MARCOS."
RECITALS
1. CARLSBAD and SAN MARCOS have received TRANSNET SR78 Corridor fundir
for the improvement to portions of Palomar Airport Road and San Marcos Boulevard extendir
from El Camino Real in CARLSBAD to Acacia Avenue in SAN MARCOS.
2. CARLSBAD and SAN MARCOS desire to cooperate in construction of TRANSNE
highway improvements consisting of:
A. The design and construction of improvements to Palomar Airport ROE
from El Camino Real to Business Park Drive to prime arterial standarc
including full width grading of 1 :26 feet, paved for two 12-foot traffic lanc
in each direction, two 6-foot bike lanes, an 18-foot raised median islar
with no landscaping or paving, iritersection improvements and traffic sign
modifications at El Camino Real, El Fuerte Street and Business Park Driv
required drainage improvements and public utilities appurtenant to tt
roadway construction.
The design and construction of San Marcos Boulevard from Business Pa
Drive to Acacia Avenue to prirne arterial standards including full wid
grading of 126 feet paved for two 12-foot traffic lanes in each direction, h,
6-foot bike lanes, an 18-foot raised median island with no landscaping
B.
(1 1
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paving, street lights, intersection improvements and traffic signa
modification at Business Park Drive and Acacia Street, required drainagc
improvements and public utilities appurtenant to the roadway construction
Said improvements referred to herein as the "PROJECT'.
CARLSBAD and SAN MARCOS do mutually desire to jointly participate in thc
construction of PROJECT and desire to specify herein the terms and conditions under whicl
PROJECT is to be constructed, financed and maintained.
3.
SECTION I
CARLSBAD AGREES:
(1) To act as lead agency for purpose of design anld environmental review and to provide a labor, materials, tools and equipment for the PROJECT including advertising, awarc
contract administration, Resident Engineer, material source inspection, independer
assurance and specialty testing, and such other construction engineering as may b
required for satisfactory completion of the PROlJECT.
To construct the PROJECT by a properly executed public works contract in accordanc
with plans and specifications prepared by CARLSBAD and approved by SAN MARC05
said plans being referred to as Improvement Plans for Palomar Airport Road, Drawing Nc
(2)
31 4-3.
(3) To establish a separate PROJECT account into which it shall deposit SAN MARC0
funds. All interest earned on the account shall be deposited to this account. The accour
shall be held in the nature of a trust and shall ble spent only for costs attributable to SA1
MARCOS under this Agreement.
To submit initial billing in the amount of $850,000 to SAN MARCOS upon receipt c
TRANSNET funding from the San Diego Association of Governments (SANDAG) but nc
later than thirty (30) days prior to award of a construction contract.
Thereafter, to prepare and submit to SAN MARCOS, as appropriate, monthly billings fc
SAN MARCOS' share of monthly progress payments to the contractor, said invoices t
begin upon depletion of the deposit provided in Paragraph (4) of Section 1.
To not approve any change order or other construction contract amendment increasin
the cost to SAP4 MARCOS or affecting the time of completion or changing the plans (
specifications of the PROJECT in SAN MARCOS without the prior written approval of SA
MARCOS, which approval shall not be unreasonably withheld.
(4)
(5)
(6)
(2)
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(7) Upon completion of PROJECT and all work incidental thereto, to furnish SAN MARCO: with a detailed statement of the total actual costs of construction and services fc
PROJECT, including the cost of any contract claims which have been allowed to th
construction contractor. Services shall include costs of providing personnel resource
and their equipment and all direct and indirect costs (functional and administrativ
overhead assessment) or portion of services attributable to such work. CARLSBAI
thereafter shall refund to SAN MARCOS any amount of SAN MARCOS' deposits an
payments CARLSBAD is holding after actual costs to be borne by CARLSBAD have bee
deducted, or to bill SAN MARCOS for any additional amount required to complete SA1
MARCOS financial obligations pursuant to this Agreement.
To designate a project Resident Engineer who shall represent CARLSBAD as the sing1
point of contact for PROJECT administration.
To obtain SAN MARCOS' approval prior to PROJECT advertisement.
To consult with SAN MARCOS in resolution of any contract claims associated with WOI
within SAN MARCOS' portion of the PROJECT.
To coordinate relocation of public utilities necessitated by the PROJECT and, to th
extent authorized by law, require the public utility owning the facility to bear the cost (
re locat ion.
(8)
(9)
(1 0)
(11)
SECTION II
SAN MARCOS AGREES:
(1)
(2)
To designate a single project representative authorized to act on behalf of SAN MARCO
in relation to contract change orders and overall PROJECT coordination.
To relinquish to CARLSBAD rights in the maintenance and operation of the constructic
zone within the boundaries of SAN MARCONS for the duration of construction an
authorizes CARLSBAD to act as its authorized algent to direct contractor for traffic contrc
signal timing and other measures deemed necessary for construction and administratic
of the PROJECT.
To bear 100 percent of the total actual construlction cost of PROJECT located within tt
jurisdiction of SAN MARCOS estimated to be $1,639,175, delineated in detail in Exhit
A, including the cost of any furnished materials', supplemental work, change orders, an
contract claims paid to the construction contractor, and the costs of defense of i
PROJECT-related claims which may be filed by said contractor. The actual constructic
costs of PROJECT shall be determined after completion of all work and upon fin
accounting of costs.
To bear certain percentage of the actual cost of SERVICES for PROJECT, as estimate
on Exhibit 'IB'. Said costs of SERVICES shlall include costs of providing personn
resources and their equipment and all dirlect and indirect costs (functional ar
administrative overhead assessment) or portion of SERVICES attributable to such wo
applied in accordance with standard accounting procedures. The actual cost
SERVICES for PROJECT shall be determined after completion of all work and upon fin
accounting of costs.
(3)
(4)
(3)
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(5) To pay to CARLSBAD within 20 days of the date of this Agreement the amount of $1 06.51 2 for previously expended design cost of SAN MARCOS’ portion of PROJE(
design.
To pay to CARLSBAO not later than ten (1 0) working days upon receipt of invoice eat month, SAN MARCOS’ proportionate share 01 contractor monthly progress payment.
To pay CARLSBAD upon completion of all work and within 25 working days of receipt
a detailed statement made upon final accounting of costs therefor any amount over ar
above the aforementioned deposits and payments required to complete SAN MARCO:
financial obligation pursuant to this Agreement.
Provide all rights of way required fpr construction of PROJECT within their jurisdiction.
Coordinate and bear all appropriate costs of utility relocations within the jurisdiction (
SAN MARCOS prior to or coordinated with PROJECT construction.
To approve PROJECT plans and specifications within 10 days of final submittal b
CARLSBAD.
Within ten (1 0) days of completion of the PROJIECT and notification by CARLSBAD, SAh
MARCOS shall inspect all work performed on the PROJECT within SAN MARCOS anc
determine whether the work was completed in accordance with SAN MARCOS’ approvec
plans and specifications. If the work is not acceptable to SAN MARCOS, it may so notifi
CARLSBAD in writing setting forth the unacceptable work. If by the end of this ten (10)
day period, SAN MARCOS has not notified CARLSBAD in writing through the City
Engineer that the work materially varies from the) approved plans, SAN MARCOS shall be
deemed to have accepted the PROJECT in accordance with the approved plans and
specifications. CARLSBAD shall not approve a notice of completion for the PROJECT
over the written objection of SAN MARCOS unless SAN MARCOS has accepted or has
been deemed to have accepted the PROJECT within SAN MARCOS.
(6)
(7)
(8)
(9)
(10)
(1 1)
SECTION 111
IT IS MUTUALLY AGREED AS FOLLOWS:
(1)
(2)
CARLSBAD shall not award a contract to construct PROJECT until after receipt of SAN
MARCOS’ deposit required in Paragraph (5) of Section 11.
If, after opening bids for PROJECT, the lowesl responsible bid is not more than the
Engineer’s Estimate, CARLSBAD may award the contract, except that immediately after
opening of bids CARLSBAD and SAN MARCOS may conduct a joint review of the bid item
prices if so requested by SAN MARCOS.
If SAN MARCOS does not agree with the aforementioned bid item prices, SAN MARCOS
may terminate this Agreement within 25 days of the opening of bids pursuant to the
provisions of Article (5) of this Section 111.
If upon opening of bids for PROJECT it is found that the lowest responsible bid exceeds
the Engineer’s estimate, CARLSBAD and SAN M,ARCOS shall consult upon a course of
action. If after 30 days a course of action is not agreed upon, this Agreement shall be
(3)
(4)
(4)
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deemed to be terminated by joint consent.
(5) Prior to award of the construction contract for PROJECT, SAN MARCOS may termin: this Agreement in writing provided that SAN MARCOS pays CARLSBAD all PROJE(
related costs incurred by CARLSBAD for work conducted within the jurisdiction of SC
MARCOS.
In the construction of the PROJECT, SAN MARCOS shall at no cost to CARLSBAD furni! a representative. Said representative and CARLSBAD’s Engineer will cooperate ar
consult with each other, but the decisions of CARLSBAD’s Resident Engineer shall pcev:
as final, binding and conclusive in 5111 matters concerning PROJECT construction contra!
except as provided in Paragraph (6) of Section 1.
SAN MARCOS shall not be a party to the construction contract, but shall be an intereste
third party beneficiary thereof.
Upon completion and acceptance of the PROJECT construction contract by CARLSBAL
CARLSBAD will accept control of and maintain ,at it own cost and expense those portion’
of the PROJECT lying within CARLSBAD’S right of way.
Upon completion and acceptance of the PROJECT construction contract by SAb
MARCOS, SAN MARCOS will accept control and maintain at its own cost and expensc
the portions of project lying within SAN MARCOS right of way. Maintenance of traffic
signal at Business Park Drive shall be the join1 responsibility of SAN MARCOS and thc
City of Vista subject to the terms of a separate agreement.
Upon completion of all work under this Agreement, ownership and title to materials,
equipment and appurtenances which are installled within CARLSBAD’s right of way will
automatically be vested in CARLSBAD, and miaterials, equipment and appurtenances
which are installed within SAN MARCOS’ right of way will be vested in SAN MARCOS. No further agreement will be necessary to transfer ownership as hereinabove stated.
Upon SAN MARCOS’ acceptance of that portion of the PROJECT in SAN MARCOS City
limits:
To the extent authorized by law, SAN MAACOS shall indemnify, defend and save
CARLSBAD and CARLSBAD’s agents, officers and employees harmless from and
against any and all active and passive liability, claims, suits, actions, damages,
and/or causes of action arising out of any personal injury, bodily injury, loss of life
or damage to property, violation of ariy Federal, State or municipal law or
ordinance, or other cause in connection with any activities under this Agreement,
or on account of the performance or character of the work, unforeseen difficulties,
accidents, occurrences, or other causes, and from and against all cost, counsel
fees, expenses incurred in obtaining expert testimony and the attendance of
witnesses, expenses and liabilities incurred in and about any such claim, the
investigation thereof, or the defense of any action or proceeding brought thereon,
and from and against any order, judgments, or decrees which may be entered
therein.
(6)
(7)
(8)
(9)
(10)
(1 1)
(5)
0 4
(1 2) a. For the portion of the PROJECTwithin CARLSBAD boundaries and outsid
SAN MARCOS limits:
To the extent authorized by law, CARLSBAD shall indemnify, defend an
save SAN MARCOS and its agents, officers and employees harmless fro1
and against any and all active and passive lability, claims, suits, action.
damages and/or cause of action arising out of any personal injury, bodi
injury, loss of life or damage to property, violation of any Federal, State (
municipal law or ordinance or other cause in connection with any activitic
under this agreement on account of the performance or character of th
work, unforeseen difficulties, accidents, occurrences, or other causes,.an
from and against all 'costs, courisel fees, expenses incurred in obtainin
expert testimony and the attendance of witnesses, expenses and liabilitie
incurred in and about any such claim, the investigation thereof, or th
defense of any action or proceeding brought thereon, and from an
against any orders, judgements, or decrees which may be entered thereir
During construction of the PROJECT and while exercising authority ovc Palomar Airport Road/San Marcos Boulevard, CARLSBAD shall indemnif! defend and save SAN MARCOS and its agents, officers and employee
harmless from and against any and all active and passive liability, claim:
suits, actions, damages and/or cause of action arising out of any person;
injury, bodily injury, loss of life or damage to property, violation of an
Federal, State or municipal law or ordinance or other cause in connectio with any activities under this agreement on account of the performance c character of the work, unforeseen difficulties, accidents, occurrences, o
other causes, and from and against all costs, counsel fees, expense
incurred in obtaining expert teslimony and the attendance of witnesse3 expenses and liabilities incurred in and about any such claim, thl investigation thereof, or the defense of any action or proceeding brougt thereon, and from and against any orders, judgments, or decrees whicl
may be entered therein. SAN hAARCOS to the extent feasible shall full
cooperate in the defense of said claims.
b.
(13) The indemnity provisions are not limited in any way by the extent of any policy c
insurance currently in force and held by either party. CARLSBAD agrees that a
construction contracts for the PROJECT shall include indemnity provisions and insuranc
provisions, whereby the contractor indemnifies CARLSBAD and SAN MARCOS and add
both Cities as additional insureds on any Insurance Policy required of the contractor.
Notices. Unless otherwise specifically provided in this Agreement, all notices, demand
or other communications given hereunder will Ibe in writing and will be deemed to havc been duly delivered upon personal delivery or as of the second business day after mailin! by United States mail, return receipt requested, postage prepared and addressed a
follows:
(1 4)
If to SAN MARCOS:
Kenneth J. Gerdes
Capital Improvements - Division Director
570 Rancheros Drive
San Marcos, CA 92069
(6)
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If to CARLSBAD:
Uoyd Hubbs
City Engineer
2075 Las Palmas Drive Carlsbad, CA 92009-4859
(15)
(16)
(1 7)
This Agreement may not be modified, amended, or otherwise changed unless by E amendment, in writing, executed by the parties hereto.
This Agreement shall terminate after completion of the PROJECT and payment of i
amounts due under the terms of this Agreement.
Duplicate originals are on file in the offices of the City Clerks.
IN WITNESS WHEREOF, this Agreement is executed by the City of CARLSBAD and b
the CITY OF SAN MARCOS pursuant to action taken by the City Council.
CITY OF SAN MARCOS, A municipal
corporation corporation CITY OF CARLSBAD, a municipal
*-* LEE THIBADEAU, Mayor CLAUDEA. LEWIS, Mayor
DATE: h7-7- 9/ DATE:
AITEST:
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SHELIA KENNED , Ci Clerk LEE RAUTENKRANZ, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
By:
&&
City Attorney
(7)
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Crry OF SAN MARCOS PORTION OF 05-0
PALxlMAR AIRPQRT ROAD 1020
mG-'S ESTIMATE (100+00 - 4 245+15) ?V P9 5
TOTA COST ITEM Q-=V-
PEmmNEm =RomxENTs:
Mobilization IiuMPSuM $ 17 Clearing t Grubbing U ac.$2,000.00 22 Excavation t Embankment 67,500 coy. 5.50 37' Hydroseed f Jute Matting 129.,500 s. f 1.00 12!
g** Class XI Base 213 , 500 s. f. 0.55 11;
Recompact Basement Subgrade 2Uf1500 s.f. 0.13 2:
sawcut Existing pavement 400 1.f. 1.00
8" P.V.C. Median Landscape Sleeve :312 Lf. 10 0 00
6" Type nE-L" Median curb 5,;B67 1.f. 5.00 2!
6" Type nG'l Cllr3¶ f Gutter '900 1.f. 6.00 I
4" P.C.C. Sidewalk 2,940 s.f. 1.50
Remove Existing Dike 900 1.f. 1. 00
Remove Existing Sidewalk 2,990 Sofa 1-00
street Lights 1% ea0 3,000.00 3
Traffic Signal System @ Business Park LUmm l Final Striping XDMPSoM
Final Signing UJNPSuEI Type nE-Lcc Inlet (20') I ea. 4,000.00
Type "AO~~ Cleanout 3 ea. 3,000.00
nL" Headwall 1 ea. 2,000.00
18" R.C.P. Dmh (1350-0) 275 1.f. so. 00
Type "BW Cutoff Walls 3 ea. 100 . 00 Type nBtr Brow Ditch 65 1.f. 9.00 Type nD9m Terrace Ditch 1,810 1.f. 12.00
61' A.C. Paving 202, CIOO SI f . 0.85 171
4: 4.5" Class II Subbase t Prep. 2l3,500 s. f .
7. S1' Recycled Material Subbase 213 , 1500 s. f. 0.30 611
2" (average) A.C. Overlay 16,200 Sofa 0.45
7.5" P. C. C. Local, Depression :E0 sofa 3.00
0.20
61 0.50 Remove Existing Paving 128,750 S-f. Rexnove mting m 598 Lf* 3.00
Street tights (Relocated) 2 -0 3.,500.00 Street Survey Monuments 6 ea. 400 . 00
Type "G" Reflective Pavt Markers 186 a. 18 . SO
Type nF-Ln Delineators 36 ea. 45.00
Wing Headnall 2 -0 2,SOOoOO
24" R.C.P. Drab, (1350-0) 220 1.f. 60 00
Riprap 63 Coy* 2OOeOO Filter Blanket 27 Coy- 1OOoOO
EX H I BIT " A"
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CITY OF SAN MARCCIS PORTXON OF 05-i
PALO- AXRFCIRT ROAD 102[
E%JGINEERrS ESTIMATE (:LOO+aO - 2454-15) pg 6
n ZTEM clmrm.ITy/Ut& COST ,
Slurry Plug misting Drain Pipe 25 c.-y- roo*oo 4 I Remove existln ' 9 Drain Pipe 3u5 1.f. ro.00 Relocate Traffic eOntrol sign 4 ea. 100 0 00 Relocate Barricade 25 1.f. 10 00 Relocate Guardrail :L50 1.f. 20*00 Relocate Fence 85 1-f. IO 0 00 Relocate Building LVMP SUM 1
SUBTOTAL - pERMA"T IMPROVEMENTS $ 1,3 15 % Contingencies 1
TOTAL - - IMPROVEMENTS $ 195
TmEQRARY IMPROVEMENTS:
Add'l mcavatfon b Embdqhnent 3,400 C-y- $ 5-50 $ 1
2 2" Temporary Pavhg 69,800 sofa 0.40
41' Untreated Ease 69,800 s-f. 0.30 2 Traf f fc Control LUMP SUM 4
SUBTOTAL - TEMPORARY IHPROVEKENTS $ 13 15 % Cnntingencies 3
TOTAL - -0RARY -0VEMENTS $ 1;
TOTAL - AIL IMPRCWEHENTS $ 191
EX H I B IT I' A"
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PALOMAR AIRPORT ROAD DESIGN AND
,, CONSTRUCTION COST ESTIMATES
CONSTRUCTION
Carlsbad ..:<.; )e , $3,463,43:
San Marcos 1,639,17:
Vista 74,501
TOTAL $5,177,1oi
t
% CONSTRUCTION COST
Cads bad $3,463,432/$5,177,107 = 66.99
San Marcos $1,639,175/$5,177,107 = 31.79
Vista $74,500/$5,177,107 = 1.49
MH I BIT "6
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AGREEMENT BETWEEN THE CIIN 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 and
between the CITY OF CARLSBAD, a municipal clorporation, hereinafter referred to as
"CARLSBAD", and the CITY OF VISTA, a municipal corporation, hereinafter referred to as
"VISTA".
RECITALS
1. CARLSBAD, SAN MARCOS and VISTA desire to cooperate in construction o
highway improvements consisting of:
A. The design and construction of improvements to Palomar Airport Roac
from El Camino Real to Business Park Drive to prime arterial standard!
including full width grading of 126 feet, paved for two (2) traffic lanes ir
each direction, two (2) 6-foot bike lanes, an 18-foot raised median islanc
with no landscaping or paving, in1,ersection improvements and traffic sign:
modifications at El Camino Real, El Fuerte Street and Business Park Driv
and required drainage improvements appurtenant to the roadwa
construction.
The design and construction of San Marcos Boulevard from Business Par
Drive to Acacia Avenue to prime arterial standards including full widt
grading of 126 feet paved for two (2) traffic lanes in each direction, two (2
&foot bike lanes, an 18-foot raised median island with no landscaping c
paving, street lights, intersection improvements and traffic sign;
modification at Business Park Drive and Acacia Street and require
drainage improvements appurtenant to the roadway construction.
B.
(1 )
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C. The design and construction of modifications to the intersection of
Palomar Airport Road and Business Park Drive including installation on
free right-turn lane, traffic signal modification and appurtenant roadway and
drainage improvements.
Said improvements referred to herein as the “PROJECT.
CARLSBAD and VISTA do mutually desire to jointly participate in the construction
of PROJECT and desire to specify herein the terms and conditions under which PROJECT is tc
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 providt
all labor, materials, tools. and equipment for PROJECT including advertising, award
contract administration, Resident Engineer, material source inspection, independen
assurance and specialty testing, and such other construction engineering as may bc
required for satisfactory completion of PROJECT.
To construct PROJECT by contract in accordance with plans and specifications prepare1
by CARLSBAD and approved by VISTA, said plans being referred to as lmprovemer
Plans for Palomar Airport Road, Drawing No. 314-3.
To establish separate PROJECT accounts to accumulate charges for all costs to be pai
for by VISTA pursuant to this Agreement.
To submit initial billing in the amount of $83,674 to VISTA upon award of constructio
contract.
To receive from VISTAS designated PROJECT representative prior approval of all chang
orders for work within their jurisdiction before irniplementation, except when necessary fc
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 with
detailed statement of the total actual costs of construction and SERVICES for PROJEC‘
including the costs of any contract claims which have been allowed to the constructio
contractor. SERVICES shall include cost of providing personnel resources and the
equipment and all direct or indirect costs (;functional and administrative overhea
assessment) or portion of services attributable to such work. CARLSBAD thereafter shz
refund to VISTA any amount of VISTAS deposits and payments CARLSBAD is holdin
after actual costs to be borne by CARLSBAD have been deducted, or to bill VISTA for ar
additional amount required to complete VISTA’S financial obligations pursuant to th
(2)
(3)
(4)
(5)
(6)
(2)
0 0
Agreement.
To designate a project Resident Engineer who shall represent CARLSBAD as the singlt point of contact for PROJECT administration.
To consult with VISTA in resolution of any contract claims associated with work withir
VISTA'S portion of the PROJECT.
(7)
(8)
SECTION II
VISTA AGREES:
(1)
(2)
To designate a single project representative authorized to act on behalf of VISTA in
relation to contract change orders and overall PROJECT coordination.
To relinquish to CARLSBAD rights in the maintenance and operation of the constructior
zone within the boundaries of VISTA for the duration of construction and authorizes
CARLSBAD to act as its authorized agent to direct contractor for traffic control, signal
timing and other measures deemed necessary for construction and administration of the
PROJECT.
To bear certain percentages of the actual cost of SERVICES for PROJECT, as estimated
on Exhibit "B. Said costs of SERVICES shall include costs of providing personnel
resources and their equipment and all direct and indirect costs (functional and
administrative overhead assessment) or portion of SERVICES attributable 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 deposit with CARLSBAD within 20 days of receipt of billing therefor, the amount of
$83,674, to cover VISTA'S share of constructiori costs. as estimated on Exhibit "A" and
Exhibit "8".
To pay Carlsbad upon completion of all work anid within 25 working days of receipt of a
detailed statement made upon final accounting of costs therefor any amount over and
above the aforementioned deposits and payments required to complete VISTA'S financial
obligation pursuant to this Agreement.
Provide all rights of way required for construction of PROJECT within VISTAS jurisdiction.
Coordinate and bear all costs of utility relocations within the jurisdiction of VISTA prior to
or coordinated with PROJECT construction.
To approve PROJECT plans and specifications within 10 days of final submittal by
CARLSBAD.
Within ten (1 0) days of completion of the PROJECT and notification by CARLSBAD, VISTA
shall inspect all work performed on the PROJECT and determine whether the work was
completed in accordance with VISTA'S approved plans and specifications. If by the end
of this ten (10) day period, VISTA has not notified CARLSBAD in writing through the City
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Engineer that the work materially varies from the approved plans, VISTA shall be deemed
to have accepted the PROJECT in accordance with the approved plans and
specifications.
SECTION Ill
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) In the construction of PROJECT, VISTA shall at no cost to CARLSBAD furnish a
representative. Said representative and CARLSBAD’S Engineer will cooperate and
consult with each other, but the decisions of CARLSBAD’S Resident Engineer shall prevail
as final, binding and conclusive in all matters concerning PROJECT construction contract
except as provided in Paragraph (5) of Section I/.
Upon completion and acceptance of the PROJECT construction contract by CARLSBAD,
CARLSBAD will accept control of and maintain a1 it own cost and expense those portions
of PROJECT lying within CARLSBAD’S right of way.
VISTA will accept control and maintain at its own cost and expense the portions of projeci
lying within VISTA’S right of way. Maintenance of traffic signal at Business Park Drive
shall be the joint responsibility of VISTA and SAN MARCOS subject to the terms of a
separate agreement.
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 wil
automatically be vested in CARLSBAD, and materials, equipment and appurtenances
which are installed within VISTAS right of way will be vested in VISTA. No furthei
agreement will be necessary to transfer ownership as hereinabove stated.
Liabilitv and Indemnification: Pursuant to Section 895.4 of the Government Code
CARLSBAD and VISTA agree that each will assume the full liability imposed upon it or an)
of its officers, agents or employees for injury ciaused by a negligent or wrongful act 01
omission occurring in the performance of this agreement, and each party agrees tc
indemnify and hold harmless the other party for any loss, cost or expense that may bc
imposed upon such other party by virtue of Sections 895.2 and 895.6 of the Governmen
Code.
The indemnity provisions are not limited in any way by the extent of any policy c
insurance currently in force and held by either party. CARLSBAD agrees that a
construction contracts for the PROJECT shall include indemnity provisions and insurancr
provisions, whereby the contractor indemnifies CARLSBAD and VISTA and adds bot1
Cities as additional insureds on Insurance Policy.
Unless otherwise specifically provided in this Agreement, all notices, demands or othe
communications given hereunder will be in writing and will be deemed to have been dul
delivered upon personal delivery or as of the second business day after mailing by Unitel
States mail, return receipt requested, postage prepared and addressed as follows:
(2)
(3)
(4)
(5)
(6)
(4)
L 0 0
CITY OF VISTA PORTION OF
PALOMAR AIRPORT ROAD
ENGINEER'S ESTIMATE (lOO+OO - 245+15) E
ITEM QUANTIlfY/UNIT .;", COST
PERMANENT IMPRO-S:
Clearing t Grubbing 2 a.c. $Z,Oop.oo ! Mobilization LUMP SUM
4.5" class I1 Subbase t Prep. 8,500 s.f. 0.20
Sawcut Existing Pavement 300 1.f. 1.00
Remove Existing Paving 2,150 s.f. 0.50
Remove Existing Dike 95 1.f. 1.00
Final Striping LUMP SUM
Final Signing LUMP SUM
611 A.C. Paving 7,500 s.f. 0.85
91' Class I1 Base ' 8,500 s.f. 0.55
7.58' Recycled Material Subbase 8,500 s.f. 0-30
Recompact Basement Subgrade 8,500 s.f. 0.13 2" (average) A. C. Overlay 1,200 s.f. 0.45
611 Type nB-llm Median Curb 19Y 1.f. 5.00 6.00 611 Type "G" Curb & Gutter 3813 1.f.
Remove Existing Curb 195 1.f. 3-00
31 ea. 3,000 . 00 Street Lights
Street Lights (Relocated) It ea. 1,500.00
Inlet Apron IL ea. I, 250.00
Type 1wA-4*m Cleanout IL ea. 3,000 . 00
It ea. 2,500.00
18'' R.C.P. Drain (1350-11) 22 1.f. 50 . 00
24" R.C,P. Drain (1350-1)) 2!L 1.f. 60 . 00
SUBTOTAL - PERMANENT DERO-TS
15% Contingencies
TOTAL - PERMANENT IMPROVEMENTS
TEMPORARY IMPROVEXENTS :
TOTAL - ALL IMPROVEMENTS
Ving Headwall
Type rtBrc Brow Ditch 2,415 1.f. 9.00 4
$f
$'
$'
EX H I B IT I' A"
.. 0 0
.. PALOMAR AIRPORT ROAD DESIGN AND
CONSTRUCTION COST ESTIMATES
CONSTRUCTION
Carlsbad +.. fi $3,463,432
San Marcos. l,639,17t
Vista 74,w
TOTAL $5,l77,lo;
% CONSTRUCTION COST
Carlsbad $3,463,432/$5,177,107 = 66.99
San Marcos $1,639,175/$5,1 77,107 = 31.79
Vista $74,500/$5,177,107 = 1.47
EXHIBIT "B"
e 9
If to VISTA:
William Hughes
600 Eucalyptus Avenue
P.O. Box 1988
Vista, CA 92083
, City Engineer
If to CARLSBAD:
Lloyd Hubbs
City Engineer
2075 Las Palmas Drive
Carlsbad, CA 92009-485!3
t
(7)
(8)
(9)
This Agreement may not be modified, amended, or otherwise changed unless by a
amendment, in writing, executed by the parties; hereto.
This Agreement shall terminate after completion of the PROJECT and payment of i
amounts due under the terms of this Agreement.
Duplicate originals are on file in the offices of the City Clerks.
IN WITNESS WHEREOF, this Agreement is executed by the City of CARLSBAD and k
the CITY OF VISTA pursuant to adion taken by the Ciity Council.
CITY OF VISTA, A municipal
corporation corporation
CITY OF CARLSBAD, a municipal
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GLORIA MCCLELLAN, Mayor
DATE: 10-23 f 91 DATE:
ATTEST: ATTEST:
CLAUDE A. LEWIS, Mayor
JO S@ERf, City Clerk
APPROVED AS TO FORM:
RON NULL
City Attorney City Attorney
LEE RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
By: - City Attorney By: &2&4
City Attorney
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RESOLUTION N0.S. - 4 0 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT
MARCOS FOR THE CONSTRUCTION OF PALOMAR AIRPORT
ROAD AND SAN MARCOS BOULEVARD IMPROVEMENTS
FROM EL CAMINO REAL TO ACACIA AVENUE. PROJECT
NUMBER 3341.
BETWEEN THE CITY OF CARLSBAD AND THE CITY OF SAN
WHEREAS, the City of Carlsbad and the City of San Marcos have received TRANS
SR78 corridor funding for the improvement to portions of Palomar Airport Road and
Marcos Boulevard between El Camino Real andl Acacia Avenue; and
WHEREAS, the City of Carlsbad and the City of San Marcos desire to coopera
construction of TRANSNET SR78 corridor facilities described in an agreement dated Oct
8, 1991 and executed by certain City of San Mamos officials on October 9, 1991 ; and
WHEREAS, the City Council of the City of Carlsbad hereby finds it necessary, desii
and in the public interest to approve said agreement.
NOW THEREFORE, BE IT RESOLVED a!; follows:
1.
2.
That the above recitations are true and correct.
That the Agreement between the City of San Marcos and the City of Carl
is hereby approved and the Mayor and City Clerk are hereby authorized and directc
execute said agreement.
3. Following the Mayor’s signature of said Agreement the City Clerk is fi
authorized and directed to forward copies of said Agreement to Shelia Kennedy, City C
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City of San Marcos, 105 West Richmar Avenue, San Marcos, California, 92096 and the
Engineer of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Coi
held on the l7 th day of DechT 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and 1
NOES: None
ABSENT: None
ATTEST:
hJLd? 6LLJLLL -
ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)
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RESOLUTION NO. 911-407
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE CITY OF VISTA
FOR THE CONSTRUCTION OF PALOMAR AIRPORT ROAD AND
VISTA BOULEVARD IMPROVEMENTS FROM EL CAMINO REAL
TO ACACIA AVENUE. PROJECT NUMBER 3341.
WHEREAS, the City of Carlsbad and tlhe City of Vista desire to cooperate
construction of facilities described in an agreement dated October 22, 1991 and executed
certain City of Vista officials on October 23, 19911 ; and
WHEREAS, the City Council of the City of Carlsbad hereby finds it necessary, desira
and in the public interest to approve said agreement.
NOW THEREFORE, BE IT RESOLVED as follows:
1.
2.
That the above recitations are true and correct.
That the Agreement between the City of Vista and the City of Carlsbac
hereby approved and the Mayor and City Clerk arcs hereby authorized and directed to exec
said agreement.
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3. Following the Mayor’s signature of said Agreement the City Clerk is fb
authorized and directed to forward copies of said Agreement to Jo Sebert, City Clerk,
City of Vista, 600 Eucalyputs Avenue , Vista, California, 92085 and the City Engineer c
City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cc
held on the 17thday of kcdr, 1991 by the lollowing vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and
NOES: None
ABSENT: None
ATTEST:
aeexG.2. w -
ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)