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Home My WebLink About2006-09-12; City Council; 18726; Agreements: Olivenhain and Rancho Santa Fe RoadsCITY OF CARLSBAD - AGENDA BILL 21 18.726AB# MTG. 9/12/06 DEPT. ENG APPROVE AND AUTHORIZE REIMBURSEMENT AGREEMENTS FOR WIDENING OLIVENHAIN ROAD AND RANCHO SANTA FE ROAD PROJECT NO. 3860 CITY ATTY.^jg> CITY RECOMMENDED ACTION: Adopt Resolution No. 2006-272 to approve and authorize reimbursement agreements with the Olivenhain Municipal Water District and the City of Encinitas for widening Olivenhain Road and Rancho Santa Fe Road, Project No. 3860. ITEM EXPLANATION: The Olivenhain Municipal Water District (OMWD) obtained approval of Conditional Use Permit 02-01 to allow the expansion and continued operation of their headquarters and operations yard on property located at the corner of Olivenhain Road and Rancho Santa Fe Road. The approval includes a condition which states that prior to the issuance of Development Permits, the District shall enter into a reimbursement agreement with the City of Carlsbad for the improvements to Olivenhain Road and Rancho Santa Fe Road. The condition notes that OMWD shall design the full road improvements and the City shall construct the improvements. The improvements consist of roadway widening and utility improvements along Olivenhain Road and Rancho Santa Fe Road. In addition to the construction along the OMWD site, the project improvements extend to the northeast along Rancho Santa Fe Road and westerly along Olivenhain Road. The construction to the northeast of the OMWD site along Rancho Santa Fe Road will enable the widening to join existing improvements northeast of the intersection. The constructions of the improvements to the west along Olivenhain Road, in the City of Encinitas, are needed to facilitate and complete the widening of Olivenhain Road. Both OMWD and the City of Encinitas have approved their respective reimbursement agreements with the City of Carlsbad. The OMWD approved their agreement at their July 26, 2006 meeting and the City of Encinitas approved their agreement at their June 28, 2006 meeting. Together, these two reimbursement agreements will enable the entire scope of construction along Olivenhain Road and Rancho Santa Fe road to be awarded in a single contract which will facilitate the efficient and coordinated construction of the improvements. ENVIRONMENTAL IMPACT: Based on an agreement between the City of Carlsbad and OMWD, the District serves as the lead agency for the preparation of environmental documents; the City of Carlsbad is the responsible agency due to the permit authority over the development project. As lead agency, OMWD prepared the Mitigated Negative Declaration for the project which was adopted on August 27, 2003. As the responsible agency, the City made a finding in the approving resolution for the project that the environmental review is adequate to cover the proposed development and legislative actions. In regard to the improvements within the City of Encinitas, they performed an Environmental Initial Study in accordance with CEQA which was circulated for review and comment. The Encinitas City Council then adopted the Mitigated Negative Declaration on September 4, 2005. FOR CITY CLERKS USE ONLY. BOARD ACTION: APPROVED DENIED D CONTINUED Q WITHDRAWN D AMENDED Q CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page 2 FISCAL IMPACT: OMWD is responsible for and will fund the design and construction of the roadway widening improvements along their property frontage. The City of Carlsbad will utilize proposed CFD #2 (Rancho Santa Fe Road) funds for the roadway improvements not related to the OMWD/development frontage improvements including the improvements to the northeast along Rancho Santa Fe. The improvements to the west along Olivenhain Road within the City of Encinitas will be funded by the City of Encinitas. The following table summarizes the current estimate of project costs and funding: OLIVENHAIN ROAD AND RANCHO SANTA FE ROAD ( ITEM Planning and Design Construction (Contract) Construction Contingency (10%) Construction Management and Testing ESTIMATED COST CITY APPROPRIATION AVAILABLE (CFD#2) OMWD (REIMBURSEMENT AGREEMENT) ENCINITAS (REIMBURSEMENT AGREEMENT) CARLSBAD/ CFD#2 $466,000 $1,845,000 $185,000 $200,000 $2,696,000 $3,734,578 PROJECT NO. 3860) OMWD * $800,000 $80,000 $123,000 $1,003,000 $1,003,000 ENCINITAS * $739,000 $74,000 $114,000 $927,000 $927,000 * - These services were contracted and paid for by OMWD and Encinitas and as such the costs of these services do not have a fiscal impact on the City of Carlsbad. The subject Reimbursement Agreements provide for the payment of the actual project costs by OMWD and the City of Encinitas. OMWD and Encinitas will submit deposits to the City of Carlsbad after the construction bids are received and prior to the award of the construction contract. The deposits will be based on the successful bidders proposal and will include the cost of each agencies construction items plus a 10% contingency. If the deposits are insufficient to cover the actual costs of construction the agreements include provisions requiring OMWD and the City of Encinitas to make additional payments to fully fund the costs of their associated construction expenses. Sufficient funds have been appropriated by the City of Carlsbad for the City's share of the project costs. EXHIBITS: 1. 2. 3. 2006-272 approving and authorizing reimbursements agreements Location Map. Resolution No. _ with the Olivenhain Municipal Water District and the City of Encinitas for widening Olivenhain Road and Rancho Santa Fe Road, City Project No. 3860. Reimbursement Agreement between the City of Carlsbad and the Olivenhain Municipal Water District. 4. Reimbursement Agreement between the City of Carlsbad and the City of Encinitas. DEPARTMENT CONTACT: Marshall Plantz 760-602-2766 mplan@ci.carlsbad.ca.us LOCATION S/7E SITE PROJECT NAME PROJECT NUMBER 3860-1 OLIVENHAIN ROAD AND RANCHO SANTA FE ROAD WIDENING DRAm BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 7/11/06 C:\PLANNING & PROGRAMS\PLANTZ\3860-l.DWG 1 RESOLUTION NO. 2006-272 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE REIMBURSEMENT AGREEMENTS WITH THE OLIVENHAIN 4 MUNICIPAL WATER DISTRICT AND THE CITY OF ENCINITAS FOR WIDENING OLIVENHAIN ROAD AND RANCHO SANTA FE ROAD, 5 CITY PROJECT NO. 3860. 6 WHEREAS, the Olivenhain Municipal Water District (OMWD) is the Developer of the City 7 approved project known as the OMWD Campus Plan, CUP 02-01; and g WHEREAS, as described in the conditions of CUP 02-01, OMWD shall design full roadway improvements along Olivenhain Road and Rancho Santa Fe Road and the City shally construct the improvements; and 10 WHEREAS, the funding of the Olivenhain Road and Rancho Santa Fe Road 11 improvements associated with the project are a shared responsibility between OMWD and 12 proposed CFD #2; and 13 WHEREAS, the widening of Olivenhain Road along the OMWD site is facilitated by the 14 widening of Olivenhain Road within the City of Encinitas; and 15 WHEREAS, the City of Encinitas has caused plans to be prepared for the widening of 16 Olivenhain Road west of the OMWD site within the City of Encinitas; and WHEREAS, the funding of the improvements within the City of Encinitas are the responsibility the City of Encinitas; and 18 WHEREAS, the City Engineer has determined that having the roadway improvements in 19 the City of Carlsbad and the City of Encinitas constructed by the City of Carlsbad will facilitate the 20 efficient construction of Olivenhain Road and Rancho Santa Fe Road. 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 22 California, as follows: 23 1. That the above recitations are true and correct. 24 2. That the reimbursement agreements are hereby approved. 25 3. That the Mayor is hereby authorized to execute the reimbursement agreement with 26 the Olivenhain Municipal Water District. 27 4. That the Mayor is hereby authorized to execute the reimbursement agreement with the City of Encinitas. 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of September, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: (SEAL) RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DGC# 2006-0692579 SEP 28, 2006 3:25 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY ,1 S MIT H. CO U N T Y RECORDER FEES: 0.00 PAGES: 24 SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT FOR REIMBURSEMENT OF PLANNING, ENVIRONMENTAL PLANNING, DESIGN AND CONSTRUCTION COSTS FOR RANCHO SANTA FE ROAD AND OLIVENHAIN ROAD Between CITY OF CARLSBAD, a Municipal Corporation AND OLIVENHAIN MUNCIPAL WATER DISTRICT a Municipal Water District ft fb -1 - AGREEMENT FOR REIMBURSEMENT OF PLANNING, DESIGN & CONSTRUCTION COSTS FOR RANCHO SANTA FE ROAD AND OLIVENHAIN ROAD (APN: 215-031-03,255-040-56) THIS AGREEMENT FOR REIMBURSEMENT OF PLANNING, ENVIRONMENTAL PERMITTING, DESIGN AND CONSTRUCTION COSTS OF IMPROVEMENTS OF RANCHO SANTA FE ROAD AND OLIVENHAIN ROAD ALONG THE FRONTAGE OF APN: 215-031-03 AND 255-040-56 ("Reimbursement Agreement"), dated as of ^QpfcrriimrM^ 2006 ("Effective Date"), is made at San Diego County, California, between the OLIVENHAIN MUNICIPAL WATER DISTRICT , a Municipal Water District ("District"), and the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), with reference to the following: RECITALS A. District is contemplating the construction of improvements on property identified as Assessor's Parcel Number 215-031-03 and 255-040-56 and known as the OMWD CAMPUS PLAN, CUP 02-01, ("Project") located southwest of the intersection of Rancho Santa Fe Road and Olivenhain Road. City's Planning Commission, by Planning Commission Resolution No. 5538, (Exhibit A) conditionally approved the Project on January 7, 2004. B. CUP 02-01 Condition of Approval No. 37 requires District to execute a Reimbursement Agreement with the City of Carlsbad to complete roadway and utility improvements along Rancho Santa Fe Road and Olivenhain Road adjacent to the project site. C. The improvements along Rancho Santa Fe Road and Olivenhain Road are connected to the City's Proposed CFD No. 2 and since it is in the best interest of both the District and City to construct both the District required frontage improvements and the remaining full width improvements at the same time by the same contractor, therefore certain costs incurred by District in performing the planning, environmental permitting and design of the Improvements are reimbursable from the City and certain construction costs incurred by the City are reimbursable from the District. NOW, THEREFORE, the City and District agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by this reference. 1 2. City Obligations. In consideration of District's payment and other undertakings as set forth herein, City agrees to perform the following in order to construct the improvements (collectively, the "City Obligations"). (a) Obtain City Council authorization to advertise the project for construction bids. (b) Advertise for bids and award the construction contract. (c) Construct project improvements per DWG 399-1; (d) Construction Management and Inspection of the project improvements except for the OMWD facilities. (e) Reimburse the District for Planning, Environmental Permitting and Design costs related to the improvements which are included in the proposed CFD #2 funding obligations. (f) Vacate that portion of the existing road easement currently bisecting the District properties that contains an existing paved road. City shall begin processing the street vacation documents after receipt of the required documents from the District. Both parties agree that completion of construction of the core and remainder improvements is intended to initiate the street vacation process to the District. 3. District Obligations. (a) Obtain planning approvals and environmental permits and prepare the project design for the construction of Rancho Santa Fe Road and Olivenhain Road, DWG 399-1. (b) Reimburse the City for the Construction costs related to the improvements in the City of Carlsbad which are not included in the proposed CFD #2 funding obligations. (c) District's agreement to have City construct the Rancho Santa Fe Road and Olivenhain Road Improvements shall constitute compliance with Condition 37 of CUP 02-01 excepting there from any remaining improvements required or as may be proposed by District. City's performance of the City's Obligations under this Agreement is expressly contingent upon the District obtaining planning approvals and environmental permits and preparing and obtaining approval of the design for construction of Rancho Santa Fe Road and Olivenhain Road shown on drawing (DWG 399-1) and District's payment of its initial deposit specified in paragraph 5(a)(1) of this Agreement. 4. Reimbursable Work. (a) All work giving rise to Reimbursable Expenses is referred to as "Reimbursable City Work" or "Reimbursable District Work". Reimbursable Work includes, but is not limited to, "Reimbursable Construction Work" and "Reimbursable Incidental Work" both of which are defined below. A preliminary cost estimate of all Reimbursable Work is shown in Exhibit B. -3- (b) With respect to all hard costs of construction for the Rancho Santa Fe Road and Olivenhain Road Improvements comprising Reimbursable Construction Work, City shall solicit bids from contractors. Reimbursable Construction Work shall be bid together with Non Reimbursable Construction work for that portion of the Improvements, which are being bid by such contractor. Upon selection of the contractor by City and agreement upon a contract amount, the costs thereof shall be allocated among the bid items consistent with the method and process used in the Exhibit B. The parties agree that the spreadsheet attached hereto as Exhibit B is a fair allocation of the costs under such contract as among the items of Reimbursable Work and Non Reimbursable Work. Costs shown in Exhibit B are subject to modification through change orders pursuant to Paragraph 4(c) of this Agreement. (c) All change orders affecting Construction Work shall be subject to approval by the City. At the time of approval, the City shall determine the portion of the change order that is allocated to Reimbursable Construction Work based upon the portion of this work shown as Reimbursable Construction Work on Exhibit B. In making such decisions, the City shall be guided by the principle that if a change order is necessary due to changed circumstances or oversight in original design, or if it is required in order to perform the applicable portion of the Rancho Santa Fe Road or Olivenhain Road Improvements in an orderly, reasonable and prudent manner according to the standard engineering and construction practice applicable to the improvements, then the allocation of the portion to Reimbursable Work should be in proportion to the allocation as between Reimbursable Work and Non-Reimbursable Work in Exhibit B for that portion of the Improvements. A copy of any proposed change order exceeding fifty thousand dollars ($50,000) in Reimbursable District Work costs shall be provided to the District for review and comment prior to approval. The City agrees to consider the comments of the District on any change order work. (d) Reimbursable City Work will also include the expense to the City for construction management and inspection of the Rancho Santa Fe Road and Olivenhain Road Improvements (collectively "Reimbursable Incidental City Work"). The City currently estimates the total cost of Reimbursable Incidental City Work as $120,000 including the 4% overhead allocation specified in Paragraph 4(g) of this agreement. (e) During the performance of any Reimbursable Construction or Incidental City Work, City shall retain detailed payment records for all items of Reimbursable City Work, for review by District. City's requests for reimbursement (each, a "Reimbursement Request") shall include copies of bids received, invoices, lien releases and other documentation reasonably required by District to evidence the completion and payment for each item of Reimbursable City Work. (f) Exhibit B sets forth the preliminary cost estimate for both the Reimbursable City Work and Reimbursable District Work stated in Paragraph 4(a) above. Exhibit B also shows the portions of this work payable by the District and Carlsbad CFD #2. It is understood by the parties that Exhibit B is an estimate only and that the actual prices to be paid will be determined based upon the actual bid approved by the City and any Change Orders. Once the bid items are known, the portions of these bid items payable by the District shall be determined using the percentages or units for each of these bid items as shown in the columns entitled "Quantity Funded By OMWD" in Exhibit B. The parties acknowledge that Exhibit B is for illustrative purposes only and that District and City are responsible for payment of all costs as requested by the City in accordance with the procedures of Paragraphs 5 and 6 below. (g) City shall be entitled to an overhead allocation of four percent (4%) of actual Reimbursable Construction Expenses in lieu of other reimbursement for City's costs incurred for salary and benefits for office staff of City's engineering department, purchasing department, finance department, field supervision above the level of on-site inspector, and general legal and accounting fees. (h) During the performance of any Reimbursable District Work, District shall retain detailed payment records for all items of Reimbursable District Work, for review by City. District's request for reimbursement (each a "Reimbursement Request") shall include copies of invoices, and other documentation reasonably required by City to evidence the completion and payment for each item of Reimbursable District Work. (i) District shall be entitled to an overhead allocation of four percent (4%) of actual Reimbursable District Expenses in lieu of other reimbursement for District's costs incurred for salary and benefits for office staff of District's engineering department, purchasing department, finance department, field supervision above the level of on-site inspector, and general legal and accounting fees. 5. Payment of Reimbursable City Expenses. (a) Payment for Reimbursable City Expenses shall be made by District in the following stages: 1) Deposit in an amount equal to the estimated Reimbursable City Incidental Work plus the contractor's bid amount for Reimbursable City Construction Work plus ten percent (10%) for potential change orders within 60 calendar days after City receives bids on the Improvements and prior to award of contract by City. (0 2) Payment of actual Reimbursable City Expenses including the overhead allocation of four percent (4%) less deposits shall be made within 60 calendar days after the date of City's Reimbursement Request. (b) At such time as the Reimbursable City Expenses are known to exceed the total payments made by District for the Project, then District shall make payment of any additional Reimbursable City Expenses within 60 calendar days after the date of City's Reimbursement Request. (c) After the Notice of Completion is filed and the District has paid the actual final Reimbursable City Expenses as required in the Paragraphs 5 (a) and 5 (b) above, the City will return any excess deposits that exceed the total of the actual Reimbursable City Expenses plus the four percent overhead allocation pursuant to this agreement, within 60 days. 6. Payment of Reimbursable District Expenses. (a) District may submit Reimbursement Requests once the City has determined that the District has: i) completed the environmental processing, ii) obtained all necessary environmental approvals and permits and construction permissions, and iii) completed the construction documents to the satisfaction of the City. 1) Reimbursement Requests shall include but not be limited to: i) Copies of Contracts, ii) Copies of all Contract Modifications, iii) Copy of all Invoices, iv) Copy of all payment slips, v) Copy of cancelled checks (front and back) and vi) Copy of lien releases (If any notices were made) (b) Districts reimbursement requests will be processed and audited by an Auditing Engineer. c) The Auditor shall review the reimbursement request and shall within sixty (60) days after receipt thereof issue to the City Engineer and District a letter report either accepting Districts submittal or specifying with particularity and reimbursement amounts not approved. Any reimbursement items or amounts not approved by the Auditing Engineer may be further pursued by the District using the dispute resolution procedure of Paragraph 7 below. (d) Payment for Reimbursable District Expenses including the overhead allocation of 4% shall be made within sixty (60) days of approval by the Auditing Engineer. -6- 7. Disputes/Claims. If a dispute should arise regarding the performance or interpretation of this Agreement, the following procedure shall be used to resolve any question of fact or interpretation not informally resolved by the parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement shall be reduced to writing by the General Manager of District or the City's Director of Public Works (the "Director"). A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Manager, or General Manager, upon receipt, shall reply to the letter, including a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to either of the parties, the parties agree to submit the dispute to mediation before JAMS located in Carlsbad, California. The mediation fees shall be paid in equal shares by the parties. In the event this mediation does not resolve the dispute, either of the parties shall be free to pursue their legal rights. 8. Termination and Release. This Agreement and the covenants contained herein shall be binding upon and inure to the benefit of the District and City. Upon performance of the obligations referred to in Section 5 for the Project and after City has filed the Notice of Completion for the Improvements; the provisions of this Agreement shall no longer apply and shall automatically terminate as to the Project. Upon the request of District, City shall execute and deliver to District any further documents and/or instruments reasonably necessary to evidence that the Project is thereafter fully released and free from the provisions of this Agreement, provided that the cost of preparing such documents and/or instruments shall be paid by District. 9. Assignment of Agreement. District shall not assign this agreement or any part thereof or any monies due thereunder without the prior written consent of the City. 10. Notices. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, address as specified herein. Notices required to be given to District shall be addressed as follows: Olivenhain Municipal Water District Attn: General Manager 1966 Olivenhain Road Encinitas, CA 92024 Phone: (760) 753-6466 Fax: (760) 753-5640 Notices to City shall be delivered to the following: CITY OF CARLSBAD Engineering Department Attention: Public Works Director 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2730 FAX: (760)602-8562 Each party shall notify the other immediately of any changes of address that would require any notice delivered hereunderto be directed to another address. 11. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one and the same instrument. 12. Governing Law and Venue. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California. 13. Complete Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein, and supersedes all negotiations, discussions, and prior drafts with respect to this subject matter. 14. Amendment. This Agreement may only be amended by a written instrument executed by both City and District (including for this purpose any successors of District, to the extent of their ownership of real property within Project). 15. No Third Party Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit. 16. Severabilitv. The invalidity or unenforceability of any provision of this Agreement, as finally determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. n 17. Exhibits. The following exhibits are attached to and by this reference incorporated into and made a part of this Reimbursement Agreement: A. Planning Commission Resolution NO. 5538 B. Preliminary Estimate of Reimbursable Expenses IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. DISTRICT: OLIVENHAIN MUNICIPAL WATER DISTRICT, a Municipal Water District CITY OF CARLSBAD, a municipal corporation of the State of California Printed Name: David C. McCollom ATTEST: Title: General Manager (Proper notarial acknowledgment of execution by Contractor must be attached. ''''?,, * ^0>N Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: )eputy City Attorney -9- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of . }(/|O >!•''V<AD }ss <J ' On oulM, ££/ 2<^4. before me. /H^ hfJ""t £- • LsntiSC i/Jf-kr^ PdL)is _J Date _-^^ personally appeared I )w x/F i^ffifo CommlMlont 186710* IY«iffP!/ Ion Otego County1 MBJ^MyComm.I»plniMay6.2009 Place Notary Seal Above _ Name and Title of Officer (e.g., "Jane Doe, Nofary Public") *~J ' " ' — d L> ,JY\rC<?no^\ Name(s) of Signer(s) JZrpersonally known to me D proved to me on the basis of satisfactory evidence to be the person^) whose name^arf is/ace subscribed to the within instrument and acknowledged to me that he/she/they executed i the same in his/har/their authorized i capacity (ies), and that by h is/he r/lll£ir signature^ on the instrument the person^ or the entity upon behalf of which the person(s) ^ acted, executed the instrument. WI^NEfeS my hand andcfficiaj seal. r\rt-rif\iLt A i Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Tvpeof Document:/VVfMr\4--v>~ / c*- Cft^^WSf mjnJ- sv A/^vnV-r / Jlr\VfW Document Date: ~? - 7,/ -ffk ' ^ it"^ r il~~v\. /T~ t/l Number of Paaes: m . , />,/-, ^ -r^HwViC Signer(s) Other Than Named Above: Lj8A£j-ytrJ L //M f\r\ ^^ fi^O)^ Capacity(ies) Claimed by Signer Sianer s Name: LJ Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Sianer Is Representing: L// J/i I/^J& ^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H Rlf -iH 1 I HI 1MHPPINT ^^^H ••••^^^^^^^^^^^^^^•^^^^^^^^^^^^^^^fl OF 5=;i(lNFR ^^H Top of thumb here X$<Z£X3<$<Z<3<2X^^ 1!1i t>-M KU^,U £J ! Ii O 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT II State of California County of >G 1ss. On i Date personally appeared _, before me, Narrieand Title of Officer (e.g., "Jarfe Doe, Ndfary~Pu|Jlic") ft/ Pu|Jli Av?-/y-tft/ R)h)(C,.~ 3HBLA R0ME COOAN ComnMton* 1599631 Notary PuMc - CdKomta Son Otogo County Name(s) of Signer(s) £<( personally known to me D proved to me on the basis of satisfactory evidence to be the person(s)^ whose name(s)- is/«H=e- subscribed to the within instrument and acknowledged to me thaCBgXshe/thpy.executed the same in QijT|/her/thGir authorized capacity(4es), and that by CKj§yher/their signature(s)'on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Si&neture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Exhibit A 1 PLANNING COMMISSION RESOLUTION NO. 5538 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION 4 AND CONTINUED OPERATION OF THE OLIVENHAIN 5 MUNICIPAL WATER DISTRICT HEADQUARTERS AND OPERATIONS YARD ON PROPERTY GENERALLY 6 LOCATED AT THE SOUTHWEST CORNER OF OLIVENHAIN ROAD AND RANCHO SANTA FE ROAD IN LOCAL 7 FACILITIES MANAGEMENT ZONE 11. CASE NAME: OMWD CAMPUS PLAN 8 CASE NO.: CUP 02-01 9 WHEREAS, Olivenhain Municipal Water District, "Developer/Owner," has 10 filed a verified application with the City of Carlsbad regarding property described as 12 Portion of Lots 10 and 13 of the Subdivision of Rancho Las Encinitas, according to Map No. 848, filed in the Office of the 13 County Recorder of the County of San Diego on June 27,1898, in the City of Carlsbad, County of San Diego, State of 14 California 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "KK" dated January 7, 2004, on file in the Carlsbad18 19 Planning Department, OMWD CAMPUS PLAN - CUP 02-01, as provided by Chapter 21.42 20 and/or 21.50 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 7th day of January 2004, hold 22 a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 4*J 25 relating to the CUP. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES OMWD CAMPUS PLAN - CUP 02-01, based on the following findings and subject to the following conditions:4 5 Findings; 6 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and 7 is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the expansion of the Olivenhain Municipal Water District headquarters and operations facility is desirable to accommodate the 9 growth in water demand due to increased population in the area; the proposed water district headquarters and operations facility is consistent with the 10 Governmental Facilities land use designation; and the operations facility will be screened from neighboring residential uses with a solid wall and/or landscaping. 12 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed buildings, parking areas, landscaping, and other features all fit 13 within the existing site without the need for expansion of property boundaries or variances for reduced setbacks from property lines. 14 . - 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be 16 provided and maintained, in that the proposed improvements can accommodate a screening wall with landscaping along the southern property boundary to screen the 17 operations facility from nearby residential uses; 18 4. That the street system serving the proposed use is adequate to properly handle all traffic 19 generated by the proposed use, in that the project site will generate 600 average daily trips and is served by Rancho Santa Fe Road, a secondary arterial with a capacity of 20 up to 20,000 average daily traffic trips, and Olivenhain Road, a prime arterial with a capacity of 40,000 or more average daily traffic trips. 22 5. The Planning Commission finds that all feasible mitigation measures identified in the Mitigated Negative Declaration as prepared by the Olivenhain Municipal Water 23 District for the OMWD Campus Plan project acting as lead agency for CEQA purposes, and as certified by the Olivenhain Municipal Water District Board of 24 Directors on August 27, 2003, which are appropriate have been incorporated into this 25 Project. 26 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 27 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project.28 PCRESONO. 5538 -2- Conditions; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or 3 building permit, whichever occurs first. 4 1. If any of the following conditions fail to occur; or if they are, by their terms, .to be e implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 6 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy 7 issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of 9 this Conditional Use Permit 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 12 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment 16 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 17 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 and costs, including court costs and attorney's fees incurred by the City arising, directly 22 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- 23 discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 24 without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not 26 validated. 27 6. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 28 PC RESO NO. 5538 -3- 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 2 Director from the Encinitas Union Elementary and San Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. 3 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: 6 9. Building permits will not be issued for this project unless the local agency providing 7 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and mat water and sewer capacity and 9 facilities will continue to be available until the time of occupancy. 10 10. This Conditional Use Permit shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the 13 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 14 - 11. This Conditional Use Permit is granted. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on 16 surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 17 12. This approval is granted subject to the approval of SP 196(A), SDP 02-01, and SUP 03- 01 is subject to all conditions contained in Planning Commission Resolutions No. 5537, 5539, and 5540 for those other approvals incorporated herein by reference. 20 13. Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have 22 to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution 23 and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor's) in interest shall pay the 24 linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this 27 project will not be consistent with the General Plan and approval for this project will become null and void. 28 PCRESONO. 5538 14. Developer shall submit and obtain Planning Director approval of a Final Landscape and 2 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 3 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.4 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the 6 project's building, improvement, and grading plans. 7 16. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall 9 include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 10 17. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 12 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 13 18. Prior to the issuance of the grading or building permit, whichever occurs first, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a 16 Conditional Use Permit, Site Development Plan, and Special Use Permit - Floodplain by Resolutions No. 5538, 5539, and 5540 on the property. Said Notice of 17 Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the i o authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 20 19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high 21 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the 23 satisfaction of the Planning Director. 24 20. No outdoor storage of materials other than that approved by an Outdoor Storage Plan, shall occur onsite unless required by the Fire Chief. The Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, prior to issuance of any certificate of occupancy, and thereafter comply with the approved plan. 27 21. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 28 including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RESO NO. 5538 -5- I * 22. Compact parking spaces shall be located in large groups, and in locations clearly marked 2 to the satisfaction of the Planning Director. 3 23. Upon completion of the entire development, the Developer shall have constructed, installed and striped not less than 241 parking spaces, as shown on Exhibits "BM and 4 "F," dated January 7,2004. 24. That OMWD trucks, heavy equipment, and service vehicles use the signalized access 6 on Rancho Santa Fe Road for ingress from the east. 1 Engineering; 8 _General 9 25. Prior to hauling dirt or construction materials to or from any proposed construction site 10 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 12 26. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is 13 formally established by the City. 14 27. Developer shall install and maintain sight distance corridors at all street intersections in accordance with Engineering Standards. 16 Fees/Agreements 17 28. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 19 29. Prior to approval of any grading or building permits for this project, Developer shall 20 cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street 21 Lighting and Landscaping District No. 1 and/or to the formation or annexation into an 22 additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 23 29. Developer shall enter into a Prepayment Agreement with the City for prepayment of 24 the developer obligation for the funding to improve Rancho Santa Fe Road, which will satisfy the special condition in the Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho Santa Fe Road. 26 Grading 27 30. Based upon a review of the proposed grading and the grading quantities shown on the 28 Site Plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for PCRESONO. 5538 -6- the project. 2 31. Prior to the issuance of a grading permit or building permit, whichever occurs first, 3 Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board.4 32. Construction phasing is approved with this project as described on the Site Plan. The first phase of construction shall not interfere with old Olivenhain Road for use as a public 6 street until this street is vacated pursuant to City Council action. No other subsequent construction phases shall be permitted until old Olivenhain Road is vacated. 7 33. Developer shall secure written approval from the westerly adjacent properly regarding the proposed joint access as shown on the Site Plan prior to its reciprocal 9 use. No work shall occur on the westerly adjacent property without prior written approval. Developer shall also provide evidence of a private access easement 10 benefiting said westerly property to memorialize the proposed joint access prior to its use. Proof of such approval and private access easement shall be provided to the 11 satisfaction of the City Engineer. 12 Dedications/Improvements 13 34. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for all public streets and other easements shown on the Site Plan. The offer shall be made by .. separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 17 35. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent * ° with any grading or building permit. 19 36. In accordance with a Reimbursement Agreement (Agreement) between the 20 Developer and the City of Carlsbad (parties), full-width road and utility improvements sball be completed along the project frontage of Rancho Santa Fe Road and Olivenbain Road. These improvements are a shared-responsibility between the Developer and proposed CFD No. 2, as outlined in the Agreement, and are therefore funded by fair-share costs. With the combined efforts of the parties, 23 these improvements include, but are not limited to: 24 a) Full-width grading, paving, curb, gutter, sidewalk, street lights, median hardscape, median landscaping, parkway landscaping, and utility 25 improvements to Rancho Santa Fe Road along the project frontage as shown on the Site Plan. Improvements shall include transitional improvements to match existing improvements beyond the frontage of the 27 project. 28 b) Full-width grading, paving, curb, gutter, sidewalk, street lights, median hardscape, median landscaping, parkway landscaping, guardrail, and PC RESO NO. 5538 -7- underground utility improvements to Olivenhain Road along the project 2 frontage as shown on the Site Plan. Improvements shall include transitional improvements to match existing improvements beyond the 3 frontage of the project 4 c) Design and install a fully-activated traffic signal, including all appurtenances, at the intersection of Rancho Santa Fe Road and Olivenhain Road to the satisfaction of the City Engineer. The traffic signal 6 shall not be installed until such time that written approval is received from the City Engineer. 7 d) Design and install a fully-activated traffic signal, including all appurtenances, at the project entry along Rancho Santa Fe Road to the 9 satisfaction of the City Engineer that is necessary to serve this project The traffic signal shall not be installed until such time that written approval fs 10 received from the City Engineer. 37. Prior to issuance of Development Permits, Developer shall enter into a 12 reimbursement Agreement (Agreement) with the City of Carlsbad. Per the Agreement, the Developer may be eligible for reimbursement for certain 13 improvements to Rancho Santa Fe Road and Olivenhain Road from proposed CFD No. 2, including processing, design and environmental costs incurred. Eligible reimbursable work relates to the core improvements to both these road segments, which includes full-width grading, two 18-foot lanes, median curb, and drainage facilities and the traffic signal modification at the intersection of Rancho Santa Fe Road and Olivenhain Road. All remaining improvements (along the project frontage) not defined under core improvements shall be the responsibility of the 17 Developer. Developer shall be responsible to pay the City for non-core improvements. Per the Agreement, Developer shall design full road improvements, 18 and the City shall construct the full road improvements. The Agreement shall be 19 prepared to the satisfaction of the City Attorney and City Engineer and approved by City Council. 20 38. Developer shall prepare separate construction plans necessary for the ultimate public improvements to Rancho Santa Re Road and Olivenhain Road, including the traffic signal modifications at the intersection. Developer shall prepare construction specifications to Carlsbad's standards with a bid schedule that allows separation of 23 reimbursable improvements, Developer improvements, and City of Encinitas improvements so that project costs may be monitored, separated and tracked during 24 construction. 25 39. Per the Agreement, Developer shall cause Owner to waive direct access rights, with the exception of the proposed access openings, by separate document and provide proof of recordation to the City Engineer prior to the issuance of a building permit for the project 27 abutting Olivenhain Road and Rancho Santa Fe Road. Developer shall pay easement processing fees in accordance with the approved schedule of fees, latest version. 28 PC RESO NO. 5538 -8- 40. Per the Agreement, Developer shall coordinate with the City of Encinitas to secure 2 approval to perform the offsite road improvements to Olivenhain Road within City of Encinitas boundary. If this approval cannot be secured, Developer shall revise 3 these plans to exclude these improvements as shown on the site plan. 41. Prior to issuance of Development Permits, Developer shall coordinate with NCTD regarding transit facility requirements for this project and Developer shall provide written approval from NCTD stating that they do not object to this project. 6 Developer shall incorporate the construction of NCTD facilities with this project 7 42. Developer shall submit, process and receive approval of a general street vacation for ~ that portion of old Olivenhain Road that bisects the project as shown on the Site Plan. This street vacation shall not be processed until the ultimate road 9 improvements to Rancho Santa Fe Road and Olivenhain Road have been completed to the satisfaction of the City Engineer. Developer shall pay all processing fees for a 10 general street vacation in accordance with the approved schedule of fees, latest version. Until this street vacation is approved, this street shall remain available for public use. 12 43. After old Olivenhain Road is vacated, Developer shall submit for and receive 13 approval of a lot line adjustment to merge the two parcels of land into one parcel. The lot line adjustment shall be prepared to the satisfaction of the City Engineer. Developer shall pay lot line adjustment processing fees in accordance with the .- approved schedule of fees, latest version. 16 44. Developer shall be responsible to perform maintenance on the proposed private water quality basin to ensure its effectiveness in reducing pollutants to the 17 watershed. 18 45. Developer shall underground all existing overhead utilities within the project boundary, 19 consistent with the approved phasing plan. 20 46. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the 22 "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such 23 improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of 24 the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. 27 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain PCRESONO. 5538 -9- or storm water conveyance systems. Use and disposal of pesticides, fungicides, 2 herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective 3 containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants e when planning any changes to the landscaping and surface improvements. 6 47. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan 7 (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce 9 to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: 10 a. include all content as established by the California Regional Water Quality Control Board requirements; b. include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; 13 c. recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants 14 from storm water to the maximum extent practicable before discharging to City right- of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special 16 considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 17 48. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan 19 (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by 20 the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent .. practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 23 a. identify existing and post-development on-site pollutants-of-concem; 24 b. ensure that numeric sizing criteria is met; c. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 2/r d. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum 27 extent practicable before discharging to City right-of-way; e. establish specific procedures for handling spills and routine clean up. Special 28 considerations and effort shall be applied to (EMPLOYEE) education on the proper procedures for handling clean up and disposal of pollutants; PCRESONO. 5538 -10- f. ensure long-term maintenance of all post construct BMPs in perpetuity; and 2 g. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent 3 practicable. 49. Developer shall apply for and obtain approval by the City Engineer for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. 6 The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the 7 building or grading plan review whichever occurs first. 50. Developer shall obtain approval from Leucadia Wastewater District regarding the 9 necessary sewer facilities to serve this project. Proof of such approval shall be provided to the satisfaction of the City Engineer. 10 Code Reminders; The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 13 51. Developer shall exercise special care during the construction phase of this project to 14 prevent offsite siltation. Planting and erosion control shall be provided hi accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 16 52. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on 17 the Site Plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 19 53. Developer shall pay a landscape plan check and inspection fee as required by Section 20 20.08.050 of the Carlsbad Municipal Code. 21 54. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 23 55. The project shall comply with the latest non-residential disabled access requirements 24 pursuant to Title 24 of the State Building Code. 56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 27 57. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning 28 Director prior to installation of such signs. PC RESO NO. 5538 -11- 1 NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 3 reservations, or other exactions hereafter collectively referred to for convenience as . fees/exactions."4 5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or o annul their imposition. 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of January 2004 by the 15 following vote, to wit: 16 AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, Segall, and Whitton 18 NOES: None 19 ABSENT: None 20 ABSTAIN: None21 22 23 MELISSA WHITE, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 MICHAEL J. HO Planning Director PC RESO NO. 5538 -12- Exhibit B Estimate of Reimbursable Expenses for Project 3860 per Drawing 399-1 (OMWD Campus Plan, CUP 02-01) Item 1 2 3 4 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 . v--^ 1 2 „ * • 2 3 t c 0 7 8 Description Construction Contract Bid Items Construction Schedule Construction Schedule (Weekly Upcoming_Work Report) Traffic Control Temporary AC Pavement Access to 1877 Olivenhain Road /Alternative Access Shoring^ Bracing Class "A" Field Office Mobilization and Preparatory^ Work Modify Traffic Signal at Olivenhain Road/Rancho Santa Fe Road Traffic Signal at Ranch Santa Fe Road/Old Olivenhain Road Street Lights (Encinitas) Street Lights (Carlsbad) Temporary Fence Southern Willow Scrub Protection Clearing and Grubbing Unclassified Excavation Unclassified ExcavationJSta 36*79.25 to 40+10.06) Foundation Stabilization mported Borrow mported Borrow (Sta 36+79.25 to 40+10.061 Prepare and Implement SWPPP Crushed Aggregate Base AC Pavement Transitions Adjust Sewer Manhole Adjust Handhole Asphalt Concrete Pavement Curb Inlet - Type A Curb Inlet- Type B Curt) Inlet- Type B-1 Storm Drain Cleanout - Type A4 Curt) Outlet - Type A Wing Headwall Rip Rap Energy Dissipator Median Inlet - Type J Pipe Collar Retaining_Wall No. 2 - Masonry detaining Wall No. 3 - Masonry Retaining Wall No. 4 - Masonry Sound Wall 6" Type "G" Curb & Gutter Median Curb Mod. Median Curb w/Gutter 4" P.C.C. Sidewalk 6" P.C.C. Driveway^ Cross Gutter Durb Ramp Type A Curb Ramp Type B Colored Textured Concrete Detaining Wall No. 1 - Modular Concrete Retaining Wall Concrete Barrier -Type 26A Modified 'edestrian Protective Railing Tubular Hand Railing Chain Link Fence 18"RCP(2000-D) 24" RCP (2000-D) 30" RCP (2000-D) 36" RCP (2000-D) 1 2" PVC Water Pipeline & Appurtenances Landscape & Irrigation Landscape & Irrigation (Sta 36+79.25 to 40+10.06) Traffic Striping and PavementWarking (Sta 23+75 to 40+10.06) Traffir, Striping and Pavomont Marking in Carlsbad Traffic Signs in Calrsbad Traffic Signs (Sta 23+75 to 40+10.061 Inlet Filter Baskets Pavement Markers in Carlsbad Pavement Markers (Sta 23+75 to 40+10.06) Rubberized Emulsion - Aggregate Slurry Construction Work Item Subtota 10% Contingency Reimbursable Construction Contract Work Total Reimbursable Incidental City Work City Overhead Allocation at 4.0% Construction Inspection and Testing at 10% Reimbursable liiekfental City Work Total, 4 - --J - * - ' ' Reimbursable City Work Tola Reimbursable OMWD Work OMWD Overhead Allocation at 4.0% Construction Document Preparation Geotechnical Reports Traffic Analysis Title ReportsEnvironmental Documentation CEQA Supplemental Biological Studies Environmental Permitting Reimbursable OMWD WorkTota Project Quantity 1 1 1 3,196 1 1 1 1 1 1 1 8 500 1 1 9,324 451 150 1.569 2,672 1 12,680 3,250 11 1 5,460 1 5 2 2 1 1 1 1 4 200 860 1,600 1,741 4,787 3,509 1,305 14,710 64 1,285 2,566 288 17,191 5,230 196 300 196 185 533 214 38 128 1 1 1 1 1 1 1 2 1 1 11,870 1 1 1 1 1 1 1 1 1 1 Unit Lump Sum Lump Sum Lump Sum Square Yard Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Each Each LF. Lump Sum Lump Sum Cubic Yard Cubic Yard Cubic Yard Cubic Yard Cubic Yard Lump Sum Ton Square Foot Each Each Ton Each Each Each Each Each Eacti Each Each Each Square Foo Square Foot Square Foot Square Foo L.F. L.F. L.F. Square Foot Cubic Yard Square Foot Square Foo Square Foo Square Foot Square Foo L.F. LF. LF. L.F. L.F. LF. LF. LF. Lump Sum Lump Sum Lump Sum Lump SumLump Sum Lump Sum Lump Sum Each Lump Sum Lump Sum Square Yarc LS LS LS LS LS LS LS LS LS LS tstimated unit Price $20,000.00 $5,000.00 $80,000.00 $15.25 $2,000.00 $50,000.00 $20,000.00 $145,000.00 $150,000.00 $150,000.00 $4,000.00 $4,000.00 S10.00 $5,000.00 $27.000.00 $17.25 $17.25 $60.00 $32.25 $32.25 $17,000.00 $26.00 $90.00 $500.00 $500.00 $80.00 $5,000.00 $5.000.00 $5,500.00 $5,800.00 $2,000.00 $3,500.00 $4,000.00 $5,000.00 $1,000.00 $36.40 S41.00 $36.40 $22.00 $20.00 $16.00 $22.50 S5.0D $400.00 $8.50 $5.00 $5.00 $6.00 $45.00 $67.00 $135.00 $135.00 $20.00 $110.00 $120.00 $130.00 $140.00 $50,000.00 $65,000.00 $13,000.00 $4,000.00 $9,000.00 $8.000.00 $6,000.00 $1,000.00 $4,000.00 $6,000.00 $2.50 $15,380.00 $243,500.00 $11,000.00 $7,000.00 $1,OOO.OC $75,000.00 $22.000.00 $25,000.00 $399,880.01 Quantity funded by OMWD 0.24 0.24 0.24 0 0 0.24 0.24 0.24 0.25 1 0 6 0 0 0.24 1642 0 0 419 0 0.24 2340 0 0 0 1070 0 1 0 0 1 0 0 0 0 0 860 0 0 2010 930 510 4440 0 1120 1443 288 11110 0 196 0 196 0 64 0 0 0 1 0 0 0 0 0 0 0 0 0 0 Quantity Funded by OMWD $4,709 $1.177 $18,836 $0 $0 $11,773 $4,709 $34,141 $37,500 $150,000 $0 $24,000 $0 $0 $6,357 $28,325 $0 $0 $13,513 $0 $4,003 $60,840 $0 $0 $0 $85,600 $0 $5,000 SO $0 $2,000 $0 $0 $0 $0 SO $35,260 $0 $0 $40,200 $16,740 $11,475 $22,200 $0 $9,520 $7,215 $1,440 $66,660 $0 $13.132 $0 $26,460 SO $7,040 $0 $0 $0 $50,000 $0 $0 $0 i»0'.a $0 $0 $0 $0so $799,824 $79,982 , . $879,807 $35,192 $87,961 - $123,173 $1,004,980 ' AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF ENCINITAS FOR THE CONSTRUCTION OF OLIVENHAIN ROAD WITHIN THE CITIES CARLSBAD AND ENCINITAS THIS AGREEMENT, made and entered into as of the ' day of XJtpZji^xJno^. 2006, by and between the CITY OF CARLSBAD, a murficipal corporation, hereinafter referred to as "CARLSBAD", and the CITY OF ENCINITAS, a municipal corporation, hereinafter referred to as "ENCINITAS". RECITALS WHEREAS, CARLSBAD and ENCINITAS share a common city limit boundary; WHEREAS, said city limit boundary crosses, runs along or otherwise divides the established right-of-way of Olivenhain Road, shall be referred to hereinafter as "ROAD"; WHEREAS, the ROAD is integral to the circulation element plans for CARLSBAD, ENCINITAS, and the North County Region in general; WHEREAS, traffic impacts from development along and adjacent to the ROAD with the Cities of CARLSBAD and ENCINITAS will adversely impact the proper functioning and level of service standards of the ROAD unless certain major street infrastructure improvements are installed prior to or concurrent with the needs created by said development; WHEREAS, the Cities of CARLSBAD and ENCINITAS acknowledge the importance of maintaining established minimum level of service standards on the ROAD for the proper functioning of the local and regional circulation network; and WHEREAS, the Cities of CARLSBAD and ENCINITAS desire to establish mutually agreed upon responsibilities for the funding, design, construction and maintenance of the major street improvements necessary to maintain the established minimum level of service standards on Olivenhain Road. NOW THEREFORE, in consideration of the above recitals, CARLSBAD and ENCINITAS do hereby mutually and jointly agree to participate in the funding, design, construction, and maintenance of said major street infrastructure improvements to the ROAD as follows: I. OLIVENHAIN ROAD IMPROVEMENTS A. PROJECT DESCRIPTION 1. CARLSBAD improvements shall be those improvements to widen Olivenhain Road including pavement widening, curb, gutter, sidewalk, storm drains, signage, striping, streetlights, traffic signal, raised landscaped median and parkway landscaping improvements within CARLSBAD per CARLSBAD Drawing No. 399-1. 2. ENCINITAS improvements shall be those improvements to Olivenhain Road and adjacent private property including grading, pavement widening, curb, gutter, sidewalk, retaining walls, storm drains, water services, appurtenances, signage, streetlights, striping and private driveway improvements, within the City of Encinitas per CARLSBAD Drawing No. 399-1. 3. The Improvement described in CARLSBAD Drawing No. 399-1 shall be referred to hereinafter as the "PROJECT." B. CARLSBAD OBLIGATIONS: 1. Carlsbad shall obtain the necessary approvals for CARLSBAD Drawing No. 399-1 and the associated contract documents and advertise the related project for construction bids. 2. Carlsbad shall construct improvements per CARLSBAD Drawing No. 399-1 and perform construction administration and inspection of the same. Carlsbad shall authorize ENCINITAS to inspect Encinitas improvements and to retain final approval authority of the same. 3. Carlsbad shall identify and itemize the Encinitas improvements in the bid schedule of the PROJECT contract documents. 4. Carlsbad shall track and record charges for all costs to be paid for by ENCINITAS pursuant to this Agreement. 5. Carlsbad shall receive from ENCINITAS' designated project representative approval of all construction changes relating to Encinitas improvements before implementation, except when CARLSBAD otherwise deems it necessary to take action to ensure the safety of motorists and/or pedestrians for the protection of property or the public in general. 6. Carlsbad shall designate a construction manager who shall represent CARLSBAD as the single point of contact during all phases of project construction. 7. Upon completion of PROJECT and all work incidental thereto, CARLSBAD shall furnish ENCINITAS with a detailed statement of the total actual cost of construction, project inspection, and soils testing, including the cost of any contract claims or change orders. CARLSBAD thereafter shall refund to ENCINITAS any amount of ENCINITAS' deposit CARLSBAD is holding after actual costs borne by CARLSBAD have been deducted or bill ENCINITAS for any additional amount required to complete ENCINITAS' financial obligations pursuant to this Agreement. C. ENCINITAS OBLIGATIONS: 1. Encinitas shall be responsible for the design and environmental documentation of the ENCINITAS improvements. 2. Encinitas shall be responsible for obtaining right-of-way and authority to construct within its jurisdiction. 3. Encinitas shall expeditiously review and approve any required permits to construct within Encinitas. 4. Encinitas shall designate a single project representative authorized to act on behalf of ENCINITAS regarding inspection, contract change orders and overall project coordination. The project representative shall respond expeditiously to all construction change inquiries so as to avoid delaying the contractors work. 5. Encinitas shall submit a deposit to CARLSBAD in an amount equal to contractors bid for the ENCINITAS improvements plus ten percent (10%) for potential change orders and four percent (4%) overhead allocation as described in paragraph D.3 within 30 calendar days after Carlsbad receives and opens bids for the PROJECT. See Estimate of ENCINITAS deposit attached as Exhibit "A." 6. Encinitas shall relinquish to CARLSBAD, rights in the maintenance and operation of the construction zone within the boundaries of ENCINITAS for the duration of construction and authorize CARLSBAD to act as its authorized agent to direct contractor for traffic control and other measures deemed necessary for construction and administration of the PROJECT. 7. Encinitas shall pay CARLSBAD upon completion of all work and within thirty (30) days of receipt of a detailed statement made upon final accounting costs for any amount over and above the aforementioned deposits and payments required to complete ENCINITAS' financial obligation pursuant to this Agreement. D. ENCINITAS and CARLSBAD mutually agree that: 1. CARLSBAD shall not advertise a construction contract that includes bid items for the ENCINITAS improvements until it has received written approval from ENCINITAS approving plans, specifications, and estimates for the Encinitas Improvements. 2. CARLSBAD shall not award a Construction Contract that includes the ENCINITAS improvements until ENCINITAS has submitted the deposit as described in paragraph C.5 to CARLSBAD. 3. CARLSBAD shall be entitled to an overhead allocation of four percent (4%) of the contractors bid for the ENCINITAS Improvements in lieu of other reimbursements for CARLSBAD costs incurred for salary and benefits for office staff of CARLSBAD engineering department, purchasing department, finance department, field supervision above the level of project inspector, and general legal and accounting fees. 4. CARLSBAD'S performance of CARLSBAD obligations as described, in Section B herein is expressly agreed by ENCINITAS to be contingent upon ENCINITAS' entry into and performance under this Agreement. II. OWNERSHIP AND MAINTENANCE A. ROAD IMPROVEMENTS Upon completion of the PROJECT under this Agreement, ownership and title to materials, equipment, and appurtenances that are installed within CARLSBAD'S right-of-way will automatically be vested in and maintained by CARLSBAD. Materials, equipment, and appurtenances that are installed within ENCINITAS' right-of-way will automatically be vested in and maintained by ENCINITAS. III. LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Government Code, CARLSBAD and ENCINITAS agree that each will assume the full liability imposed upon it or any of its elected officials, officers, agents, or employees for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, and each party agrees to indemnify, defend and hold harmless the other party for any loss, cost, or expense that may be imposed upon such other party by virtue of Sections 895.2 and 895.6 of the Government Code. IV. NOTIFICATIONS Unless otherwise specifically provided in this Agreement, all notices, demands, or other communications given hereunder will be in writing and will be deemed to have been duly delivered upon personal delivery or as of the second business day after mailing by United States mail, return receipt requested, postage prepared and addressed as follows: ENCINITAS: Director of Engineering Services City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024-3633 CARLSBAD: Director of Public Works City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92009 V. MODIFICATIONS This Agreement may not be modified, amended, or otherwise changed unless by an amendment, in writing, executed by the parties hereto. VI. TERMINATION This Agreement shall terminate after all the street and highway improvements contemplated by this Agreement have been constructed, after all payments required under this Agreement have been made, and maintenance responsibilities for the respective street and highway improvements have been assumed by the respective cities in accordance with the terms of this Agreement. VII. SEVERABILITY If one or more clauses, sentences, paragraphs, provisions or terms of this agreement shall be held to be unlawful, invalid, or unenforceable, it is hereby agreed by the cities that the remainder of this agreement shall not be affected hereby. VIM. HEADINGS The headings of articles and paragraphs of this agreement are for convenience only, and no presumption or implication of the intent of the parties as to the construction of this agreement shall be drawn there from. IX. COUNTERPARTS This agreement may be executed by the cities in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. X. CHOICE OF LAW This Agreement shall be governed by the laws of the State of California and venue shall be proper in the San Diego Superior Court, North County Branch or such other venue as provided by law. 31, XI. COMPLETE AGREEMENT The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CARLSBAD and by the CITY OF ENCINITAS pursuant to action taken by the City Council. CITY OF ENCINITAS, a municipal corporation Christy Guerin, Mayor Date. ATTEST: Deborah Cervone City Clerk Approved as to form: Glenn Sabine/ City Cl Claude A. Lewis, Mayor Date: ATTEST: Lorraine Wood City Clerk Approved as to form Ronald R. Ball Exhibit A Estimate of Distribution of Expenses - City of Encinitas Project 3860 per Drawing 399-1 Item 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 ';.' xtjp « 1 2 *~ s**pp$i£t~ JZ&'tf * Description Reimbursable Construction Contract Bid Items Construction Schedule Construction Schedule (Weekly Upcoming Work Report) Traffic Control Temporary AC Pavement Access to 1877 Ollvenhain Road / Alternative Access Shoring & Bracing Class "A" Field Office Mobilization and Preparatory Work Modify Traffic Signal at Olivenhain Road/Rancho Santa Fe Road Traffic Signal at Ranch Santa Fe Road/Old Olivenhain Road Street Lights (Encinitas) Street Lights (Carlsbad) Temporary Fence Southern Willow Scrub Protection Clearing and Grubbing Unclassified Excavation Unclassified Excavation (Sta 36+79.25 to 40+10.06) Foundation Stabilization Imported Borrow Imported Borrow (Sta 36+79.25 to 40+10.06} Prepare and Implement SWPPP Crushed Aggregate Base AC Pavement Transitions Adjust Sewer Manhole Adjust Handhole Asphalt Concrete Pavement Curb Inlet - Type A Curb Inlet - Type B Curb Inlet - Type B-1 Storm Drain Cleanout - Type A4 Curb Outlet - Type A Wing Headwall Rip Rap Energy Dissipator Median Inlet - Type J Pipe Collar Retaining Wall No. 2 - Masonry Retaining Wall No. 3 - Masonry Retaining Wall No. 4 - Masonry Sound Wall 6" Type "G" Curb & Gutter Median Curb Mod. Median Curb w/Gutter 4" P.C.C. Sidewalk 6" P.C.C. Driveway Cross Gutter Curb Ramp Type A Curb Ramp Type B Colored Textured Concrete Retaining Wall No. 1 - Modular Concrete Retaining Wall Concrete Barrier - Type 26A Modified Pedestrian Protective Railing Tubular Hand Railing Chain Link Fence 18" RCP (2000-D) 24" RCP (2000-D) 30" RCP (2000-D) 36" RCP (2000-D) 12" PVC Water Pipeline & Appurtenances Landscape & Irrigation Landscape & Irrigation (Sta 36+79.25 to 40+10.06) Traffic Striping and Pavement Marking (Sta 23+75 to 40+10.06) Traffic Striping and Pavement Marking in Carlsbad Traffic Signs in Calrsbad Traffic Signs (Sta 23+75 to 40+10.06) Inlet Filter Baskets Pavement Markers in Carlsbad Pavement Markers (Sta 23+75 to 40+10.06) Rubberized Emulsion - Aggregate Slurry Construction Contract Work Item Subtotal 10% Contingency Rilmburtabl. Construction Contract Work Reimbursable Incidental City Work City Overhead Allocation at 4.0% Construction Inspection and testing at 10% RW^fwWtfl^WfnttlClty Worti Total"*.?"- „"* =*i«fH4* FP5SBPJS*«fli; f-tv** " "-"-"**>. '^r^-Tottl Estimate Project Quantity 1 1 1 3,196 1 1 1 1 1 1 1 8 500 1 1 9,324 451 150 1.569 2,672 1 12,680 3,250 11 1 5,460 1 5 2 2 1 1 1 1 4 200 860 1,600 1,741 4,787 3,509 1,305 14,710 64 1,285 2,566 288 17,191 5,230 196 300 196 185 533 214 38 128 1 1 1 1 1 1 1 2 1 1 11,870 ^^n^ff 1 1 -*S&ftTP»- Unit Lump Sum Lump Sum Lump Sum Square Yard Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Each Each LF. Lump Sum Lump Sum Cubic Yard Cubic Yard Cubic Yard Cubic Yard Cubic Yard Lump Sum Ton Square Foot Each Each Ton Each Each Each Each Each Each Each Each Each Square Foot Square Foot Square Foot Square Foot L.F. L.F. L.F. Square Foot Cubic Yard Square Foot Square Foot Square Fool Square Foot Square Foot L.F. LF. L.F. L.F. L.F. L.F. L.F. L.F. Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Each Lump Sum Lump Sum Square Yard BW*J-5* LS LS "fTFF Estimated Unit Price $20,000.00 $5,000.00 $80,000.00 $15.25 $2,000.00 $50,000.00 $20,000.00 $145,000.00 $150,000.00 $150,000.00 $4,000.00 $4,000.00 $10.00 $5,000.00 $27,000.00 $17.25 $17.25 $60.00 $32.25 $32.25 $17,000.00 $26.00 $90.00 $500.00 $500.00 $80.00 $5,000.00 $5,000.00 $5,500.00 $5,800.00 $2,000.00 $3,500.00 $4,000.00 $5,000.00 $1,000.00 $36.40 $41.00 $36.40 $22.00 $20.00 $18.00 $22.50 $5.00 $400.00 $8.50 $5.00 $5.00 $6.00 $45.00 $67.00 $135.00 $135.00 $20.00 $110.00 $120.00 $130.00 $140.00 $50,000.00 $65,000.00 $13,000.00 $4,000.00 $9,000.00 $8,000.00 $6,000.00 $1,000.00 $4,000.00 $6,000.00 $2.50 ypsb&ie*.: -•*! 'fifeSSlPpiBP Quantity funded by Encinitas 0.22 0.22 0.22 771 1 0.22 0.22 0.22 0 0 1 0 0 0 0.22 0 451 0 0 2762 0.22 1440 0 0 0 560 0 2 0 2 0 1 1 0 3 200 0 0 1741 837 69 45 1970 64 165 238 0 631 5230 0 0 0 185 16 214 38 128 0 0 1 1 0 0 1 2 0 1 1420 - " ^sfitf^ ** ii^fSlSii5Ss8?- Quantity Funded by Encinitas $4,380 $1,095 $17,521 $11,758 $2,000 $10,951 $4,380 $31,758 $0 $0 $4,000 $0 $0 $0 $5,913 $0 $7,780 $0 $0 $89,075 $3,723 $37,440 $0 $0 $0 $44,800 $0 $10,000 $0 $11,600 $0 $3,500 $4,000 $0 $3,000 $7,280 $0 $0 $38,302 $16,740 $1,242 $1,013 $9,850 $25.600 $1,403 $1,190 $0 $3,786 $235,350 $0 $0 $0 $3,700 $1,760 $25,680 $4,940 $17,920 $0 $0 $13,000 $4,000 $0 $0 $6.000 $2,000 $0 $6,000 $3,550 $738,979 $73,898 J"V--*8J2.«f7 $32,515 $81,288 •RHHRVSiNS *SS W-tKMMMO 1 Widening Olivenhain Road and Rancho Santa Fe Road Widening Olivenhain Road and Rancho Santa Fe Road Approve and Authorize Reimbursement Agreements Location MapLocation Map 2 Site MapSite Map SITE MAP SITE MAP 3 Estimated Construction Cost $927,000$1,003,000$2,230,000 ENCINITASOMWDCARLSBAD