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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 r * P > 6 Qz ?L 2 tbmi .. z 0 5 4 1 0 z 3 0 0 t "7r'c:"- PC" (p.-?@ CIT)OF CARLSBAD - AGENDWILL rr."C. .- -I 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: e 0 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. 0 0 0 0 0 e @ 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. e 0 , 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 0 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) 0 0 (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) 0 0 (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) 0 0 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) e 0 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: / 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) 0 0 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" 0 0 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" r' 0 0 I 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 0 0 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 ) a 0 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 (3) (4) (5) (6) (7) (8) (9) (3) 0 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 y >b/&//b d 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 (5) i. b % 1 2 3 4 5 6 7 8 9 lo X’ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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 Ill /I/ Ill //I //i lli 3 , b 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 0 0 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) i 1 2 3 4 5 6 7 ' a 9 10 11 12 13 14 15 16 17 I.8 l9 20 21 22 23 24 25 26 27 28 0 0 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill "' 111 I// < I Y d 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 -, al 0 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)