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HomeMy WebLinkAbout1996-12-17; City Council; 13973; SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF CARLSBAD AND ENCINITAS FOR THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENTS ROADS.c , , 7 '.e .- . ,f ~ elm OF CARLSBAD - AGENB~ BILL f' " Tz EL EL a 2 0 F 0 J a - 0 2 0 2 0 AB# 13,97 3 TITLE: SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF CARLSBAD AND MTG. 12-1 7-96 ENClNlTAS FOR THE CONSTRUCTION OF VARIOUS DEPT. HD. CITY ATTY CIRCULATION ELEMENTS ROADS DEPT. ENG CITY MGR RECOMMENDED ACTION: Adopt Resolution No. 96- 74/ authorizing the Mayor to execute the Second Amer agreement between the City of Carlsbad and the City of Encinitas for the constructil circulation element roads within the cities of Carlsbad and Encinitas dated June 14, 19! I ITEM EXPLANATION: On June 14, 1994, the Cities of Carlsbad and Encinitas entered an agreerr responsibilities for various circulation element roadways of mutual concern to both agc that time, various refinements to the Circulation Systems have occurred in both cities \n to the need for the proposed Second Amendment to the agreement which was approvt 1996. The City of Encinitas has requested that the intersection of Piraeus Street and La Cos signalized as a part of the current La Costa Avenue Interchange construction project. design of this intersection blocks northbound to westbound turn movements from F onto La Costa Avenue. The proposed signalization will provide full access to F coordinated with access to the Caltrans park-n-ride lot. Staff has analyzed the proposed modification with Caltrans and finds that the proposec will have minimal impact on the operational capacity and safety of the interchange recommends adoption of this Second Amendment to the circulation agreement. ~ Summary of Aareement 0 The agreement modifies Section V (B.) and (C.) to stipulate that Carlsbad will proc order to the La Costa Avenue/l-5 interchange project to include signalization of Pi All costs to be borne by Encinitas. Encinitas will post all funds prior to the execution of the change order. 0 Encinitas agrees to indemnify, hold harmless, and defend Carlsbad from any actio 0 A separate maintenance agreement will be complete within six (6) months of ex( second amendment. Carlsbad retains the right to remove the signal after five years and following a I where the signal is found to represent a detriment to the public health, safety anc for Traffic on La Costa Avenue. 0 The Second Amendment also deletes provision IV (B.) (3.) and V (B.) (4.) wt follows: of the design or construction of the Piraeus Street signalization. IV B. Carlsbad Agrees: 3. To require that prior to building occupancy subsequent to recordation oi Tentative Map 92-08, La Costa Avenue shall be completed to full stam I-5/La Costa Avenue shall be completed to full standards and the Avenue interchange improved. ,f 0 0 I, L Page 2 of Agenda Bill No. /3,9 r> 3 V B. Carlsbad Agrees: 4. To require that prior to building occupancy subsequent to recordation of ( Tentative Tract Map 92-08, La Costa Avenue shall be completed to fi and the "La Costa Avenue interchange improved. Both of these provisions relate to the original Green Valley Tentative Tract Map significantly modified subsequent to the approval of the original circulation agreement. I these provisions will place the Green Valley development in the same position , development in the City. Development can proceed unless the Council determines tt- Management failure exists which would require development to be stopped. FISCAL IMPACT: All costs of implementing the provisions of this Second Amendment will be borne b: Encinitas. EXHIBITS: 1. Vicinity Map 2. Location Map La Costa Avenue - 1-5 Interchange 3. Resolution No. (?b- vy/ authorizing the Mayor to execute the second amen various circulation element roads within the cities of Carlsbad and Encinitas da 1996. agreement between the City of Carlsbad and the City of Encinitas for the co 4. Second amendment to agreement between the cities of Carlsbad and Enci construction of various Circulation Elements Roads. 5. Original Agreement between the City of Carlsbad and the City of Encir construction of various circulation element roads within the cities of Carlsbad a - '1 ~ VUC-INITY , MAP CITY OF gJ\Jql-~~J\rJ CITY CP _I m Cll\IlT~\ 5 NOT TO SCALE PRoJECT NAME 2ND AMENDMENT TO CARLSBAD El ENClNlTAS CIRCULATION AGREEMENT DRAWN BY: SCOTT EVANS, CARLSEAD ENGINEERING DEPT. ST 0 0 LOCATION MAP 1-5 / LA COSTA AVENUE INTERCHANGE .1 ~ t 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 I 0 0 RESOLUTION NO. 96 - 4 4 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF ENCINITAS FOR THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS WITHIN THE CITIES OF CARLSBAD AND ENCINITAS. WHEREAS, ENCINITAS AND CARLSBAD entered into an AGREEMENT CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS (Agreement) or 1994; said Agreement being amended on July 23, 1996; and WHEREAS, the intensity and character of Circulation Systems anticipate Agreements have subsequently been refined in both ENCINITAS and CARLSBAD; E WHEREAS, both cities now find it desirable to revise said Agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 01 California, as follows: 1. That the above recitations are true and correct. 2. That in the best interests of regional cooperation and to further the imprl circulation element improvements serving the cities of Carlsbad and Encinitas, the Cit: the City of Carlsbad hereby authorizes the Mayor to execute the second amenc Ill Ill /I/ Ill Ill Ill Ill Ill Ill 111 ~ //I I .f 0 e 1 '.' r 1 2 3 agreement between the City of Carlsbad and the City of Encinitas for the construction circulation element roads within the cities of Carlsbad and Encinitas dated June 14, amended on July 23, 1996. 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C held on the 17th day of December , 1996 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hal. NOES: None ABSENT: None I/* &L/#&((,,,,~~;~; //L ('7 , L' lc DE . LEVA ,mayor ATTEST A ALWd~iiek\ (SEAL) I . I1 .I * .i 0 0 XGUND AF(I€NDFJI€MT TO AGR€€M€NT B€W€€N THE CITY OF CARLSBAD AND THE CITY OF ENClNiTAS CITIES OF CARLSBAD AND ENCINITAS FOR THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS WITHIN TI THIS SECOND AMENDMENT TO AGREEMENT, is made and entered into as of 20th day of DECEMBER 1996, by and between the CITY OF CARLSBAD, a munic corporation, hereinafter referred to as “CARLSBAD”, and the CITY OF ENCINITAS, a munic corporation, hereinafter referred to as “ENCINITAS”. RECITALS WHEREAS, ENCINITAS AND CARLSBAD entered into an AGREEMENT FOR 1 CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS (Agreement) on June 1994; said Agreement being amended on July 23,1996; and WHEREAS, the intensity and character of the circulation systems anticipated by : Agreement and Amendment has subsequently been refined in both ENCINITAS CARLSBAD; and WHEREAS, both cities now find it desirable to revise said Agreements. NOW THEREFORE, in consideration of the above recitals, CARLSBAD and ENClNll do hereby mutually and jointly agree that the following sections of the Agreement are ament as follows: IV. LA COSTA AVENUE WIDENING B. CARLSBAD AGREES: Delete item 3. (Original Agreement) 1 't e e .. - V. LA COSTA AVENUEhNTERSTATE 5 INTERCHANGE IMPROVEMENTS 8. CARLSBAD AGREES: Delete item 4. (Original Agreement) Item 5 is revised to read as follows: 5. Request that Caltrans process a change order to the La Costa Aver 1-5 Interchange construction contract, to construct a traffic signal sys' to provide full access to Piraeus Street from La Costa Avenue. C. ENCINITAS AGREES: To add the following: 7. Pay all costs for design, processing and construction change ordel accomplish the signalization of La Costa Avenue and Piraeus Strc Funds to be deposited with the City of Carlsbad prior to execution of contracts required to accomplish that work. 8. Enter into a maintenance agreement within six (6) months following effective date of this Second Amendment to Agreement agreeing to mi annual payments to Carlsbad for all costs to operate the La Cc Avenue/Piraeus/Park-n-Ride Lot signal system. 9. The City of Encinitas, at its sole expense, agrees to defend and indem and hold the City of Carlsbad and Carlsbad's officers, offici employees and agents harmless from and against any and all liabilit claims, demands, causes of action, losses, damages and costs, incluc all costs of defense thereof, arising out of, or in any manner connec directly or indirectly with the design and construction of the traffic sic at La Costa Avenue and Piraeus Street. IO. Agrees that five (5) years following the date of execution of this SECO AMENDMENT TO AGREEMENT, Carlsbad shall have the sole righ remove the traffic signal at Piraeus Street after it makes findings L public hearing that said traffic signal represents a detriment to the pul health, safety and convenience for traffic on La Costa Avenue. Encini shall be given thirty (30) days notice of any such hearing and opportunity to present evidence against such action. 2 .. - 'I 4D 1) COMPLETE AGREEMENT The foregoing constitutes the full and complete agreement of the parties. There are oral understanding or agreements not set forth in writing herein. All terms and conditions the original Agreement not amended by this SECOND AMENDMENT TO AGREEMEI remain in full force and effect. IN WITNESS WHEREOF, this SECOND AMENDMENT TO AGREEMENT is execut by the CITY OF CARLSBAD and by the CITY OF ENCINITAS pursuant to action taken by I City Council. CITY OF ENCINITAS, a municip orporation s Y*, &=cz DAVIS, Mayor fke: 4 - b Date: December 19, 1996 ATTEST: ATTEST: I A DEBORAH CERVONE \ 2 City Clerk City Clerk APPROVED AS TO FORM: RONALD R. BALL City Atto BY: > City Attorney DATE: /2"-/ 8 .- 96. 3 't ,. c 0 a Exhi AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF ENCINITAS FOR THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS WITHIN THE CITIES OF CARLSBAD AND ENCINITAS I+ THIS AGREEMENT, made and entered into as of the * day ' + , 1994, by and between the CITY OF CARLSBAD, a municip corpgation, hereinafter referred to as "CARLSBAD", and the CITY OF ENCINITAS, municipal corporation, hereinafter referred to as "ENCINITAS. RECITALS WHEREAS, CARLSBAD and ENCINITAS share a common city limit boundary; an WHEREAS, said city limit boundary crosses, runs along or otherwise divides ti established and/or future right-of-way of La Costa Avenue, El Camino Real, Leucac Boulevard, Olivenhain Road and Rancho Santa Fe Road; and, WHEREAS, said roads are integral to the circulation element plans for Carlsba Encinitas and the North County Region in general; and, WHEREAS, traffic impacts from development along and adjacent to said roal within the Cities of Carlsbad and Encinitas will adversely impact the proper functionil and level of service standards of said roads unless certain major street and highw infrastructure improvements are installed prior to or concurrent with the needs creatl by said development; and, WHEREAS, the Cities of Carlsbad and Encinitas acknowledge the importance maintaining established minimum level of service standards on said roads for the prop functioning of the local and regional circulation network; and, 1 REV. 6/22 I. T ‘1 m e WHEREASI the Gities of Garlsbad and EnGinitas desire ts establi$h mutual agreed upon responsibilities for the funding, design, construction and maintenance of tt major street and highway improvements ne.cessary to maintain the established minimul level of service standards on said roads. NOW THEREFORE, in consideration of the above recitals, CARLSBAD ar ENClNlTAS do hereby mutually and jointly agree to participate in the funding, desig construction and maintenance of said street and highway infrastructure improvements i follows: 1. ENCINITAS AND CARLSBAD MUTUALLY AGREE: To participate in a joint San Diego Association of Governments (SANDA( coordinated traffic study to determine the traffic impactsfissues between the tvl jurisdictions. The study will focus on Circulation Element roads (El Camino Rei Olivenhain Road, La Costa Avenue, Leucadia Boulevard, Via Cantebria, ar ’ Rancho Santa Fe Road) shared by the two cities, and address existing, plannc and proposed land uses. This study will provide the basis to evaluate areas of mutual concern and potent significant adverse traffic impacts created by future development and mitigatic measures which may be required beyond those identified specifically in tt agreement. II. EL CAMINO REAL ROAD WIDENING AND INTERSECTION IMPROVEMENTS A. PROJECT DESCRIPTION 1. The El Camino Real road widening and intersection improvemer referenced in this section are more particularly described as falloM a. The widening and improvement of El Camino Real betwe1 Garden view Road and Olivenhain Road to augmented prir arterial road standards including three through lanes and o auxiliary right turn/through lane in each direction, bikelam raised landscaped median, curbs, gutters, sidewalks a1 streetlights exclusive of the intersection and bridge/culvl improvements described in Section VIII. .. 2 REV. 6/22 - . , .< -1 0 0 b. The widening and improvement of El Camina Real betwc La Costa Avenue and Oliienhain Road to prime art€ standards including three through lanes in each direct bikelanes, raiscd landscaped median, curbs, guttc sidewalks and streetlights exclusive of the intersed improvements described in Section VIII. other appurtenant improvements at the El Camino F intersections with Garden view Road, Woodley Road, C Barcelona, Levante Street and La Costa Avenue. C. The construction 0.: traffic signals, additional turn lanes i d. The construction of traffic signal modifications, additional t lanes and other appurtenant improvements to the intersed of El Camino Real and Olivenhain Road exclusive of the r( improvements described in Sections VI and VIII. e. All environmental mitigation measures, utility and drain; improvements necessary to construct the aforementior improvements. B. CARLSBAD AGREES: 1. To require Carlsbad developers to fully mitigate for buildout imp; to the El Camino Real intersections with Calk Barcelona and Leva Street. Improvements necessary to serve a particular projed phase to be in place prior to occupancy. 2. To require Carlsbad developers to share in the cost for the fund of the traffic mitigation improvements to the El Camino F intersections with La Costa Avenue with the Encinitas developers a fair share basis as determined from the combined traffic stud; 3. To require Carisbad developers to construct full improvements tc Camino Real within the City limits of Cartsbad. C. ENClNlTAS AGREES: 1. To require the Encinitas developers to fully mitigate for build impacts to the El Camino Real intersections with Woodley Road i Garden View Road. Improvements necessary to serve a partic1 project or phase to be in place prior to occupancy. 2. To require the Encinitas developers to share the cost for the func of the traffic mitigation improvements to the E. ':amino F intersections with La Costa Avenue with the Carlsba .leveloper$ a fair share basis as determined from the combine. :raffic stud 3 REV. Si2 ., -i 0 0 3. To require Encinitas developers to construct full improvements to l Camino Real south of Olivenhain Road. 4. To require Encinitas Ranch developer to improve the west half of t Camino Real adjacent to the Encinitas Ranch open space propefl north of Olivenhain Road. 111. RANCHO SANTA FE ROAD WIDENING - SOUTH OF OLlVENHAlN ROAD A. PROJECT DESCRIPTION 1. The Rancho Santa Fe Road widening improvements referenced i this section are more particularly described as follows: a. The widening and improvement of Rancho Santa Fe Roa from Olivenhain Road to approximately 400 feet south of Call Acervo/Avenida La Posta to secondary arterial standarc including two lanes in each direction, bikelanes, curb! gutters, sidewalks, streetlights, a painted median, an associated transitions. b. All environmental mitigation. measures, utility and drainas improvements necessary to construct the above mentione improvements. B., CARLSBAD AGREES: 1. To require CARLSBAD developers to fund and construct fL improvements to Rancho Santa Fe Road south of Olivenhain Roa as described above. 2. To act as lead agency in the review and processing of environment; documents. C. ENCINITAS AGREES: 1. To expeditiously review and approve required permits to allo construction within jurisdictional boundaries. IV. LA COSTA AVENUE WIDENING A. PROJECT DESCRIPTION 1. The La Costa Avenue widening improvements referenced in th section are more particularly described as follows: 4 REV. 6/22/! 0 . & .I '* 0 0 a. The widening and improvement of La Costa Avenue from Camino Real to Piraeus Street to modified major arte standards including two lanes in each direction, bikelane: 8 foot wide raised landscaped median, curbs, gutte sidewalk along the north side only and streetlights. b. All environmental mitigation measures, utility and drgjna improvements necessary to construct the above mention improvements. 8. CARLSBAD AGREES: 1. To act as Lead Agency in design, construction, and permitting. 2. To provide full funding for project with no funding participation frl ENClNlTAS or from property owners within the jurisdiction ENClNlTAS unless such property is proposed for development PI to construction of La Costa Avenue. 3. To require that prior to building occupancy subsequent shall be completed to full standards and the I-5/La Costa Aver interchange improved. recordation of Green Valley Tentative Map 92-08, La Costa Aver C. ENClNlTAS AGREES: 1. To accept roadway right-of-way for widening within their jurisdictio boundaries. 2. To cooperate in obtaining dedication of rights-of-way. 3. To consent to condemnation, if required, within their jurisdiction, 4. To cooperate in efforts to obtain appropriate permits to compl project. 5. To expeditiously review and approve any required permits construct within jurisdiction. 6. To require any proposed development abutting La Costa Avenuc cmstrxt frontage improvements if the proposed developmen prcr ?d and approved prior to the construction of ! 7 Cc Aver This requirement would be a condition on projec Jpro 5 REV. Si2 .. .I I . '( '9 e e V. LA COSTA AVENUEIINTERSTATE 5 INTERCHANGE IMPROVEMENTS A. PROJECT DESCRIPTION 1. The La Costa Avenuehterstate 5 interchange improvemen referenced in this section are more particularly described as follow a. Widening and seismic retrofitting of the existing La Cos Avenue overpass to accommodate four through lanes, dL southbound left turn lanes, bikelanes and sidewalks. Widenir and improvement to the La Costa Avenue bridge approach accommodate two through lanes in each direction, 01 additional right turn lane onto the on-ramps in each directic bikelanes, curbs, gutters, sidewalks and streetlights. B. b. Widening and improvement to the existing on-ramps q accommodate two lanes of traffic. Widening and irnproveme to the off-ramps to accommodate three traffic lane installation of two traffic signals at each of the on/off-ran intersections including a traffic signal interconnect. c. All environmental mitigation measures, utility and drainah improvements necessary to construct the above mentionc improvements. CARLSBAD AGREES: 1. To act as Lead Agency with Caltrans for environmental revie permits, and construction including all administration and inspectio 2. To provide full funding for the La Costa Avenue/lnterstate interchange improvements. 3. To negotiate and acquire necessary rights-of-way. 4. To require that prior to building occupancy subsequent recordation of Green Valley Tentative Tract Map 92-08, La Cos Avenue shall be completed to full standards and the WLa Cos Avenue interchange improved. 5. To cooperate with ENCiNITAS in the realignment and signalizatic of the intersection of La Costa Avenue and Piraeus Street as separate project. * 6 REV. 6/22 . , .a 11 e 0 C. ENClNlTAS AGREES: 1. To act as responsible agency in the review and processing environmental documents. 2. To expeditiously review and recommend approval of appropri environmental documents, 3. To cooperate in the acquisition of required rights-of-way i clearance of utilities. 4. To consent to condemnation of rights-of-way as required. 5. To cooperate with CARLSBAD and Cattrans in efforts to sec required permits. 6. To expeditiously review and approve required permits ' to al construction within jurisdiction. VI. LEUCADIA BOULEVARD EXTENSION AND WIDENING A. PROJECT DESCRIPTION 1. The Leucadia Boulevard extension and widening improvemc referenced in this section are more particularly described as folic a. The widening and improvement of Leucadia Boulevard fl interstate 5 to Sidonia Street to majcr arterial stand; including two through lanes in each direction, bikelal raised iandscaped median, curbs, gutters, sidewalks streetlights. b. The extension of Leucadia Boulevard from Sidonia Strec El Camino Real to major arterial standards including through lanes in each direction, bikelanes, raised landsca median, curbs, gutters, sidewalks and streetlights including additional through, turn lanes and right-of-way ai intersection with El Camino Real. c, improvement of the Leucadia Boulevard/lnterstate interchange including bridge widening, ramp signaliz; ramp widening and appurtenant improvements as require( Cakrans. 7 REV. 61; I;? ~ I* 'I e 0 d. All environmental mitigation measures, utility and drainagc improvements necessary to construct the above mentionec improvements including any traffic signal modification at tht intersection with El Camino Real. 6. ENClNlTAS AGREES: 1. To act as Lead Agency for environmental review, permits, desigl and construction. 2. To secure funding for construction of all roadway improvements we: of El Camino Real to and including the interchange with Interstate with no funding participation from CARLSBAD or from propert owners within the jurisdiction. of CARLSBAD. 3. To require that concurrent with the occupancy of the first phase (nc to exceed 475,000 sq. ft. of commercial uses) of the Encinitas Ranc project, Leucadia Boulevard shall be required to be improved to th following standards: a. Full improvements from El Camino Real to Via Cantebria; an b. Full width grading and two (2) lanes of improvements from vi Cantebria to Sidonia Street. Prior to the completion of the remainder of the Encinitas Rand Leucadia Boulevard shall be developed to full improvements (fol lanes to 1-5) and M/Leucadia Boulevard interchange improved. The above requirements to be conditions of the tentative maps fc Encinitas Ranch. C. CARLSBAD AGREES: 1. To cooperate with ENCINITAS in environmental review and approv; 2. To cooperate in obtaining required permits to construct Leucad Boulevard, 3. To act as responsible agency in the review and processing environmental documents. 4. To expeditiously review and recommend approval of appropria environmental documents. a REV. 61221 .I . . 1' 0 0 5. To condition Green Valley Tentative Maps or subsequ development approvals fronting Leucadia Boulevard to dedic appropriate rights-of-way to allow for construction of Leuca Boulevard. 6. To cooperate in acquisition of rights-of-way, if required. 7. To consent to condemnation of rights-of-way, if required. 8. To expeditiously review and approve required permits to a~ construction within jurisdictional boundaries. VII. VIA CANTEBRIA ROAD EXTENSION A. PROJECT DESCRIPTION 1. The Via Cantebria Road extension improvements referenced in section are more particularly described as follows: a. The extension of Via Cantebria from its current nod- terminus to Leucadia Boulevard to secondary art standards including a minimum of two through lanes in E direction, bikelanes, curbs, gutters, raised landsw median, sidewalk along the west side only and streetligt b. The extension of Via Cantebria from Leucadia Boule northerly into the Green Valley area of Carlsbad to mod secondary arterial standards including curbs, gut bikelanes, sidewalks and streetlights. The road width number of through lanes shall be as determined CARLSBAD and ENClNlTAS after completion of the comb traffic study. c. AI1 environmental mitigation measures, utility and drair improvements necessary to construct the above mentic improvements including any new traffic signals. B. CARLSBAD AGREES: I. To require the developer to realign and constnrct, to the city lim CARLSBAD, Via Cantebria (Street "A") in the general configur shown on Exhibit "A". This would not, however, preclude reloc Street "A" (on Exhibit A) further west should the developer finc beneficial to the land use planning of Green Valley Master PIa 9 RW, 6, ; c: . . 19 .* 0 0 C. ENCINITAS AGREES: 1. To require the developer to realign and construct, to the city limits c ENCINITAS, Via Cantebria (Street ''A'') in the general configuratic! shown on Exhibit "A". This would not, however, preclude relocatill Street "A (on Exhibit A) further east should the developer find th beneficial to the land use planning of Encinitas Ranch. VIII. OLIVENHAIN ROAD WIDENING - EL CAMINO REAL TO 1,400 FEET EAST A. PROJECT DESCRIPTION 1. The description of the Olivenhain Road widening improvement hereinafter referred to as "PROJECT", shall be as follows: a. The widening and improvement of Olivenhain Road from Camino Real to 1,400 feet east to Carlsbad's prime arteri standards including three through lanes in each directio bikelanes, curbs, gutters, an 18-foot wide raised landscapc median, sidewalks and streetlights. b. Modifications to the intersection of El Camino Real ar Olivenhain Road including traffic signal modificatior appurtenant roadway and drainage improvements and ti extension of the existing bridge/culvert, exclusive of ti improvements described in Sections II and VI. c. All environmental mitigation measures, utility and draina! improvements necessary to construct the above mentionc including the construction of a major offsite retention baz necessary to mitigate potential flooding of the El Carnil Real/Olivenhain Road intersection. 6. CARLSBAD AGREES: 1. To act as lead agency for the purpose of design and environmen review and to provide all labor, materials, tools and equipment ' PROJECT including permit acquisition, advertising, award, contn administration, Resident Engineer, material source inspectic independent assurance and specialty testing, and such ott construction engineering as may be required for satisfactr completion of PROJECT. 2. To construct PROJECT by contract in accordance with plans a specifications prepared by CARLSBAD and approved ENCINITAS. said plans being referred to as Improvement Plans Olivenhain Road and Improvement Drawing No. 336-5. 10 REV. 6/2; .* 7' ' e 0 3. To establish separate PROJECT accounts to accumulate charges f all costs to be paid for by ENCINITAS pursuant to this Agreernel 4. To submit initial billing in the amount of $ 100,OOO to ENCINITI within thirty (30) days of the execution of a design agreement. 5. To receive from ENCINITAS' designated PROJECT representati prior approval of all change orders before implementation, exce when necessary for the Safety of motorists and/or pedestrians or 1 the protection of property. 6. Upon completion of PROJECT and all work incidental thereto, furnish ENClNtTAS with a detailed statement of the total actual COI of construction and SERVICES for PROJECT, including the costs any contract claims which have been allowed to the constructic contractor. SERVICES shall include cost of providing personr resources (direct salaries and benefits). CARLSBAD thereafter sh refund to ENCINITAS any amount of ENClNITAS' deposits pl accrued interest and payments CARLSBAD is holding after act1 costs to be borne by CARLSBAD have been deducted, or to I ENCINITAS for any additional amount required to compk ENCINITAS' financial obligations pursuant to this Agreement. 7. To designate a project Resident Engineer who shall represt. CARLSBAD as the single point of contact for PROJE( administration. 8. To consult with ENCINITAS in resolution of any contract clair associated with work. 9. To acquire necessary right-of-way to allow construction of PROJE( north of roadway centerline. 10. To fund one-half of the total PROJECT costs. 11. To fund one-half of the uti1.W relocation costs associated with t road construction. C. ENCINITAS AGREES: I. Ta designate a single project representative authorized to act behalf of ENCINITAS in relation to contract change orders a overall PROJECT coordination. Said representative and CARLSBAl Engineer will cooperate and consutt with each other, but 1 decisions of CARLSBAD's Resident Engineer shall prevail as fir binding and conclusive in all matters concerning PROJE construction contract. 11 REV. 6/22 .L ). ' 2. 3. 4. 5. 6. 7. 0. e 0 To relinquish to CARLSBAD rights in the maintenance and operatic of the construction zone within the boundaries of ENCINITAS for tt duration of construction and authorizes CARLSBAD to act as I authorized agent to direct contractor for traffic control, signal timin and other measures deemed neGessary for construction ar administration of the PROJECT. To bear fifty (50) percent of the actual cost of SERVICES 1 PROJECT. Said costs of SERVICES shall include costs of providil personnel resources and including the cost of any furnish1 materials, supplemental work, change orders and contract clair paid to the construction contractor, and the defense of all projt related claims which may be filed by the contractor or portion SERVICES attributed to such work applied in accordance w standard accounting procedures. The actual cost of SERVICES PROJECT shall be determined after completion of all work and up final accounting of costs. The total amount due shall be reduced one-half of the cost of ENCINITAS personnel resources (dirr salaries and benefits) attributable to the project. To deposit with CARLSBAD wrthin thirty (30) days of award of 1 construction contract, one-half of total PROJECT costs, to co1 ENCINITAS' share of construction costs, including utility relocati and environmental mitigation measures and a ten percl contingency fund. To pay CARLSBAD upon completion of all work and within twer five (25) working days of receipt of a detailed statement made UF final accounting of costs, therefore, any amount over and above 1 aforementioned deposits and payments required to compll ENCINITAS' financial obligation pursuant to this Agreement. To provide all rights-of-way required for construction and necess, mitigation within ENCINITAS' jurisdiction. To fund one-half of the util'v relocation costs associated with ' road construction. To approve PROJECT plans and specifications within ten (10) di of final submittal by CARLSBAD. 1 2 REV. 6i2 1 .., S* 0 0 9. Within ten (1 0) days of completion of the PROJECT and notificai by CARLSEAD, ENCINITAS shall inspect all work performed on PROJECT and determine whether the work was completed accordance with ENCINITAS’ approved plans and specifications by the end of this ten (10) day pdriod, ENClNlTAS has not notii CARLSBAD in writing through the City Engineer that the w materially varies from the approved plans, ENClNlTAS shall deemed to have accepted the PROJECT in accordance with approved plans and specifications. 10. To cooperate in obtaining required permits. 11. To expeditiousty review and approve any required permits construction of PROJECT within jurisdiction. C. ENCINITAS and CARLSBAD mutually agree that: 1. CARLSBAD shall not advertise a construction contract until it received written approval from ENClNlTAS approving pl: specifications, and estimates. 2. If, after opening bids for PROJECT, the lowest responsible bid is more than the Engineer’s Estimate, CARLSBAD may award contract. 3. If, upon opening of bids for PROJECT, it is found that the lov responsible bid exceeds the Engineer’s Estimate, CARLSBAD ENCINITAS shall consult and agree upon a course of action. 4. If, after thirty (30) days, no agreement is reached CARLSBAD z reject all bids. IX. BOUNDARY ADJUSTMENTS A. CARLSBAD and ENClNlTAS mutually agree to pursue jurisdictil boundary adjustments through Local Agency Formation Commis (IAFCO) upon completion of roadway improvements as follows: 1. Along La Costa Avenue from approxjmately 400 feet west c Camino Real to Interstate 5, move the city limit boundary to coin1 with the south right-of-way line of La Costa Avenue. 2. Along Leucadia Boulevard, west of El Camino Real where roadway enters Cartsbad city limits, move the city limit bounda coincide with the north right-of-way line of Leucadia Boulevard. 13 REV. 61: .,. .* ** e 0 3. Along Olivenhain Road from El Camino Real to approximately 4,01 feet east of El Camino Real, move the city limit boundary to coincic with the construction centerline of Olivenhain Road. 4, Along Rancho Santa Fe iload from approximately 1,200 feet no1 of Calle AcewolAvenida La Posta to approximately 400 feet south Calle Acervo/Avenida La Posta, move the city limit boundary to ti construction centerline of Rancho Santa Fe Road. X. FUTURE PROJECT REQUIREMENTS CARLSBAD and ENClNlTAS agree that, to the degree allowed by law, if a projf within the land use jurisdiction of either city will cause a significant adverse tral impact on either or both cities, the responsible city shall condition the approval such project to contribute its fair share of costs to mitigate or otherwise constn appropriate mitigation measures to relieve such adverse traffic impacts. XI. REGIONAL FUNDING CARLSBAD and ENCINITAS agree to actively pursue regional funds to ass construction of regional arterial roadway and freeway interchange projects. XII. QWNERSHIP AND MAINTENANCE A. ROAD IMPROVEMENTS Upon completion of all work under this Agreement, ownership and title materials, equipment, and appurtenances which are installed witt CARLSBAD’s right-of-way will automatically be vested and maintained ’ CARLSBAD. Materials, equipment, and appurtenances which are install within ENCINITAS’ right-of-way will be vested and maintained ENCINITAS. Upon completion of any jurisdictional boundary adjustment betwe ENCINITAS and CARLSBAD, the road improvements affected by 1 boundary adjustment shall automatically become vested and be maintain by the respective City having jurisdiction over the improvement. No furtl agreement will be necessary to transfer ownership as hereinabove statc B. TRAFFIC SIGNAL IMPROVEMENTS Traffic signal improvements shall be owned and maintained by the C located. having jurisdiction over the intersecting streets at which the traffic signa 14 REV. 6/22 ,’ <.* .+ .- . 0 Where the jurisdictional boundary bisects one or both of the intersec streets, maintenance responsibility for the traffic signal shall be administe by the City which has jurisdiction of the traffic signal controller. The cot maintain a multi-jurisdictional traffic signal shall be shared by both Ci based upon a ratio of each Cities jurisdictional control of the corresponc comers of the intersection. CARLSBAD and ENCINITAS may alternatively enter into a separate tr; signal maintenance agreement based on any mutually agreed upon ter X111. LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Government Code, CARLSBAD and ENCINll agree that each will assume the full liability imposed upon it or any of its offici agents, or employees for injury caused by a negligent or wrongful act or omis5 occurring in the performance of this agreement, and each party agrees indemnify and hold harmless the other party for any loss, cost, or expense 1 may be imposed upon such other party by virtue of Sections 895.2 and 895.r the Government 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. All construction contra- any project which spans the jurisdictional baundary between CARLSBAD ENClNlTAS shall include indemnrty provisions and insurance provisions, wher the contractor indemnifies both CARLSBAD and ENClNlTAS and adds both Ci as additional insured on Insurance Policy. XIV. NOTIFICATIONS Unless othennrise specifically provided in this Agreement, all notices, demands other communications given hereunder will be in writing and will be deemec have been duly delivered upon personal delivery or as of the second business I after mailing by United States mail, retum receipt requested, postage prepa and addressed as follows: if to ENCINITAS: Alan Archibald Director of Engineering Services CRY OF ENClNITAS 505 S. Vulcan Avenue Encinitas, CA 92024-3633 If to CARLSBAD: Lloyd Hubbs City Engineer CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, CA 92009-4859 15 REV. 6i2 e' 4 */ .. * .- .. 0 0 XV. MODIFICATIONS This Agreement may not be modified, amended, or otherwise changed unless t an amendment, in wfiting, executed by the pmes hereto. XVI. TERMINATION This Agreement shall terminate after all the street and highway improvemer; contemplated by this agreement have been constructed, after all paymer: required under this agreement have been made, after all city bounda adjustments have been accomplished and, after all maintenance responsibilitil for the respective street and highway improvements have been assumed by ti respective cities in accordance with the terms of this agreement. XVII. COUNTERPARTS This agreement may be executed by the cities in separate counterparts, each which when so executed and delivered shall be an original, but all su counterparts shall together constitute one and the same instrument. XVIII. CHOICE OF LAW XIX. This agreement shall be governed by the laws of the State of California and ven shall be proper in the San Diego Superior Court, North County Branch or su other venue as provided by law. SEVERABILITY If one or more clauses, sentences, paragraphs, provisions or terms of tl agreement shall be held to be unlawful, invalid, or unenforceable, it is here agreed by the cities that the remainder of this agreement shall not be affect hereby. XX. HEADINGS The headings of articles and paragraphs of this agreement are for convenier only, and no presumption or implication of the intent of the parties as to construction of this agreement shall be drawn therefrom. .... .... .... .... I 16 REV. 6/Z .. > . * .4 *I e e XXI. COMPLETE AGREEMENT The foregoing constitutes the full and complete agreement of the parties. Tt are no oral understandings or agreements not set forth in wilting herein. IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CARLS€ and by the CITY OF ENClNlTAS pursuant to action taken by the City Council. CITY OF ENCINITAS, a municipal corporation a GAI HANO, Mayor DATE: 619 ?/Y F. DATE: 74'4 / A'ITEST: AlTEST: * City E. JANE Cler OOL, KAREN R. KUNDTZ, Assistant City Cler APPROVED AS TO FORM: APPROVED AS TO FORM: ROGER KRAUEL RONALD R. BALL City Attorney City Attorney By: By: L (2.0- City Attorney City Attorney 7. /v..~v, 17 RRI. 6/22 I ,+ 1- CANTEBRIA EXT ( STREET "A" I 1 i li VIA scu 1' - 300 St, I I m I I j I.& * EL 'TF-$ CAM0 REAL i "~,""""""--- I EXHIBIT ". L