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HomeMy WebLinkAbout2007-06-19; City Council; 19035; Pavement overlay and reimbursement agreementCITY OF CARLSBAD - AGENDA BILL RECOMMENDED ACTION: Adopt Resolution No. 2007-139 awarding the contract to All American Asphalt for the construction of the 2007 Pavement Overlay Project No. 3667-15/6001-12 and approving the reimbursement agreement with Olivenhain Municipal Water District. ITEM EXPLANATION: The 2007 Pavement Overlay Project is part of the City's ongoing Pavement Management Program. This rehabilitation project will extend the life of various roadways in the City by applying a rubberized asphalt concrete layer over the existing pavement. The roadways were selected based on their age and the existing condition of the roadway surface (Exhibit 1). In addition to the streets listed in Exhibit 1, this project will also pave over the recycled water pipeline trenches created by Olivenhain Municipal Water District in Rancho Santa Fe Road and Calle Acervo, between Calle Barcelona and Camino de los Coches. The Olivenhain Municipal Water District has agreed to reimburse the City of Carlsbad for this work. This agreement has been approved by the Olivenhain Municipal Water District Board of Directors and has been approved as to form by Carlsbad's City Attorney (Exhibit 4). On April 25, 2007, six (6) sealed bids were received for the construction of this project as shown on the following table. CONTRACTOR All American Asphalt Hazard Construction Frank & Son Paving Silvia Construction Sim J. Harris Daley Corporation TOTAL< <53,611,285 54,021,886 $4,194,794 $4,252,051 $4,270,223 $4,676,299 The bid submitted by All American Asphalt contains minor clerical errors. Specifically, All American Asphalt has written the total dollar amount for each bid item in words instead of writing the unit price in words in those spaces provided on the bid sheet. However, the unit prices were written correctly in numbers in the space provided. A letter was received from Hazard Construction on April 26, 2007 requesting that the City recalculate the bid from All American Asphalt using the written words instead of the numbers for the unit prices. This would effectively remove All American Asphalt's bid and Hazard Construction would become the new low bidder. The Notice Inviting Bids section of the Contract does state, "In case of a discrepancy between words and figures, the words shall prevail." However, the same section of the Contract also states, "The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids." Since the minor clerical errors did not give All American Asphalt an unfair advantage, and the intent of the bidder is clear, staff recommends waiving the irregularity and awarding the contract to All American Asphalt in the amount of $3,611,285. This was reviewed by the City Attorney's Office and they concurred in waiving the irregularity. 8 AB# MTG. DEPT. 19.035 6/19/07 ENG AWARD OF CONTRACT FOR CONSTRUCTION OF THE 2007 PAVEMENT OVERLAY AND APPROVE REIMBURSEMENT AGREEMENT PROJECT NO. 3667-15/6001-12 DEPT. HEAD yO^^fJ CITYATTY. U^( CITYMGR. "^^ FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED nr'nn n n CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES nnnn Page 2 ENVIRONMENTAL IMPACT: This project is categorically exempt from the environmental review process under Section 15301 Class 1 (c) of Title 14 of the California Code of Regulations. FISCAL IMPACT: The estimated construction costs in the following table include the cost of repaving the trenches in Rancho Santa Fe Road and Calle Acervo as part of the reimbursement agreement with Olivenhain Municipal Water District. The cost of this reimbursable work is $61,620. Construction Contract Construction Contingency (7%) Project Administration, Testing & Inspection (7%) TOTAL ESTIMATE PROJECT COST AVAILABLE PAVEMENT MANAGEMENT FUNDS ADDITIONAL APPROPRIATIONS NEEDED $3,61 1 ,285 $252,790 $252,790 .-.ttiiiftfli* $5,510,000 -0- The Engineer's Estimate for this project was $5,510,000. The unused funds are being returned to the Gas Tax Fund. EXHIBITS: 1. 2. 3. 4. 2007 Pavement Overlay Street List. Resolution No. 2007-139 awarding the contract to All American Asphalt for the construction of the 2007 Pavement Overlay Project No. 3667-15/6001-12 and approving the reimbursement agreement with Olivenhain Municipal Water District. Bid sheets submitted by All American Asphalt. Reimbursement Agreement with Olivenhain Municipal Water District. DEPARTMENT CONTACT: Jon Schauble, (760) 602-2762, ischa@ci.carlsbad.ca.us Owen I 2007 PAVEMENT OVERLAY PROJECT STREET FROM TO AMBROSIA LN AVENIDA ENCINAS AVIARA PY BEACON BAY DR BLACK RAIL RD BUTTERCUP RD CAMINITO AZUL CAMINITO ESTRADA CAMINITO MADRIGAL CAMINITO ROSA CAMINITO VERDE CAMINO DE LAS ONDAS CAMINO DEL PRADO CARLSBAD BLVD southbound CARNATION DR CASSIA RD COSMOS CT DOVE LN ELDER CT ISLAND WY NIGHTSHADE RD PASEO DEL NORTE POINSETTIA LN SEASCAPE DR ADAMS ST A VI LA AV CIELO PLACE COLLEGE BL CORDOBA PL EL CAMINO REAL EL CAMINO REAL MONROE ST PARK DR REFUGIO AV REFUGIOAV SEVILLA WY VIAAREQUIPA CORMORANT DR EMBARCADERO ANEMONE WY KETCH WY POINSETTIA LN CARNATION DR end end end end end HARBOR POINT RD HARBOR POINT RD SOLAMAR SUNFLOWER WY KALMIC CR CORTE DE LA PINA MOORHEN PL CLOVER CT SURFSIDELN TOWHEE LN CAMINITO MADRIGAL 1-5 CAMINO DE LAS ONDAS CHESTNUT AV NEBLINADR DEL RAY AVE EL CAMINO REAL SEVILLA WY CHESTNUT AV 1-78 MARRON RD COVE DR CORDOBA PL CORDOBA PL VALENCIA AV PARKDR AVIARA PY POINSETTIA LN CAMINO DE LAS ONDAS HIDDEN VALLEY RD AVIARA PY BATIQUITOS DR CAMINO DEL PRADO PASEO DEL NORTE PASEO DEL NORTE CAMINO DEL PRADO CAMINO DEL PRADO PASEO DEL NORTE CAMINO DE LAS ONDAS BREAKWATER south end EL CAMINO REAL end EL CAMINO REAL PASEO DEL NORTE FRANCISCAN RD end CAMINO DE LAS ONDAS AVIARA PY BUTTERCUP RD TAMARACK AV CORDOBA PL end FARADAY AV HILLSIDE DR CARLSBAD VILLAGE DR MARRON CARLSBAD VILLAGE DR MARINA DR HILLSIDE DR end CORDOBA PL end 1 RESOLUTION NO. 2007-139 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE 2007 PAVEMENT OVERLAY 4 PROJECT NO. 3667-15/6001-12 AND APPROVING THE REIMBURSEMENT AGREEMENT WITH OLIVENHAIN 5 MUNICIPAL WATER DISTRICT. 6 WHEREAS, on March 13, 2007, the City Council of the City of Carlsbad approved plans 7 for the construction of the 2007 Pavement Overlay Project No. 3667-15/6001 -12; and 8 WHEREAS, the City Council believes that it is in the public's best interest to repave over 9 the trenches in Rancho Santa Fe Road and Calle Acervo as part of the 2007 Pavement Overlay 10 Project No. 3667-15/6001 -12; and 11 WHEREAS, the City Council approves the Reimbursement Agreement with the 1 2 Olivenhain Municipal Water District for repaving over the trenches in Rancho Santa Fe Road and 13 Calle Acervo; and 14 WHEREAS, six (6) sealed bids were received on April 25, 2007 by the City of Carlsbad 15 for the construction of the 2007 Pavement Overlay Project No. 3667-15/6001 -12; and "1R0 WHEREAS, the lowest responsive and responsible bid to construct said project was submitted by All American Asphalt in the amount of $3,611,285; and 1 ft WHEREAS, the bid submitted by All American Asphalt contained clerical errors; and 19 WHEREAS, the contract documents allow the City of Carlsbad to waive any minor 20 irregularity or informality in such bids; and 21 WHEREAS, there are sufficient funds available to complete the project; and 22 WHEREAS, subsection 3.28.040(C)(6) of the Carlsbad Municipal Code authorizes the 23 City Manager to approve change orders in the amount equal to the contingency set at the time of 24 project award. 25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 26 California, as follows: 27 1. That the above recitations are true and correct. 28 1 2. That the Mayor is hereby authorized to sign the reimbursement agreement with 2 Olivenhain Municipal Water District for repaving over the trenches in Rancho Santa Fe Road and 3 Calle Acervo. 4 3. That the City Council waives the irregularity in the bid submitted by All American 5 Asphalt. 6 4. That the low bid of $3,611,285 submitted by All American Asphalt, for the 7 construction of the 2007 Pavement Overlay Project No. 3667-15/6001-12, is accepted and the 8 Mayor is hereby authorized to execute a contract for this project. 9 5. That the City Manager is hereby authorized to approve construction change 10 orders up to $252,790. 11 6. That the award of this contract is contingent upon the bidder submitting the 12 lowest responsible bid executing the required contract and submitting the required bonds and 13 insurance policies, as described in the contract, within twenty (20) days of adoption of this ^ resolution. The City Manager may grant reasonable extensions of time. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 19th day of June, 2007, by the following vote to wit: AYES: Council Members Lewis, Hall and Packard NOES: None ABSENT: Council Members Kulchin and Nygaard ATTEST: a M.WOpq, City Clerk--£,•; 7 (SEAL)^ ^ =>f CITY OF CARLSBAD 2007 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-15 > CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read, the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3667-15 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: BID SCHEDULE "A'? Total Item No. A-1 Description Mobilization at •QpafV /jn^T/VMni i^>sJ Vu-c\Ac</fe Approximate Quantity and Unit 1 LS $ ! i£Wx. Unit Price S-I.SOD" A-2 Dollars (Lump Sum) Public Notification of Work at 1 LS $3.CQfV Dollars (Lump Sum) A-3 Traffic Control at 1LS $ \Q6"3PO' Dollars (Lump Sum) - A-4 Remove Thermoplastic at 1LS Si $105.300 Dollars (Lump Sum) Revised 11/01/06 Addendum No. 1 - Contract No. 3667715 Page 1 of 9 Pages "7 Item No. Description A-5 Remove and Replace 5" AC on7"ABat Approximate Quantity and Unit 250 SF $ Unit Price Dollars per Square Foot A-6 MIRAFI 600X Fabric at rr^C* Dollars per Ton A-8 Asphalt Rubber Hot Mix (ARHM) at Dollars per Ton A-9 Cold Milling 5' Width at Dollars per Linear Foot A-10 old Milling 10' Width at Dollars per Linear Foot A-11 Cold Milling 20'Width at A[iiLr4iM larsperDollars per Linear Foot A-12 3-Inch AC Remove and Replace at Dollars per Square F 5,000 SF $__£#> Dollars per Square Foot A-7 Asphalt Concrete 1-in Leveling Course at DM. 1,726 TONS $ 27,308 TONS $_fH_ ^/j-fcfvl f^CVA * 98,164 LF $ 1.' 10,192 LF $ 1.326LF $ 136,800 SF $ Total $• $300.760." Revised 11/01/06 Addendum No. 1 - Contract No. 3667-15 Page 2 of 9 Pages Approximate Item Quantity Unit No. Description and Unit Price Total A-13 Full Raise of Sewer and 189EA $_ Storm Drain Manholes and ' Sewer Cleanouts at •fi)urfv>i Dollars Each A-14 Full Raise of Valve Boxes, 437 EA $ *3o&*' $ Monument Boxes, etc. at u^4w 'Dollars Each A-15 Traffic Signal Detector Loops 20 EA $ .3 70"* $ Type E at Dollars Each . ; A-16 Install Blue Fire Hydrant 63 EA $ AS"" $ 8V? Markers at .Dollars Each « Install Temporary Pavement 1 LS $ Ca^xO $ Markers at . Dollars (Lump Sum) A-18 4" Dashed Yellow Centerline 50 LF $ - per Caltrans Detail 1 or 5 at Dollars per Linear Foot A-19 Lane Line per Caltrans Detail 3,800 LF 10 at Dollars per Linear Foot Revised 11/01/06 Addendum No. 1 - Contract No. 3667-15 Page 3 of 9 Pages Approximate Item Quantity Unit No. Description and Unit Price Total A-20 4° White Lane Line per 38,889 LF $ ~3O $ )l Caltrans Detail 8 or 12 at / Dollars per Linear F.oot A-21 A" White Lane Line per 1.350LF $ Caltrans Detail 13 at &hj. per Caltrans Detail 21 or 22 at Dollars per Linear Foot .A-23 4" Yellow Edge Line per 5,315 LF $. Caltrans Detail 24 at Dollars per Linear Foot A-26 4" Double Yellow Two-Way 3.100LF $ , jaV Turn Lane per Caltrans Detail 32 at € \ Doflafs per Linear Foot Dollars per Linearroot A-22 4" Double Yellow Centerline 7,702 LF $ „ CV3 $ Dollars peH-inear Foot A-24 4" White Edge Line per 2,120 LF S.cpvS' $ Caltrans Detail 27B at Dollars per Linear Foot A-25 Yellow Median Island per 1.345LF $ ^6>C> . $ %>0~}. Caltrans Detail 28 or 29 at O ; Revised 11/01/06 Addendum No. 1 - Contract No. 3667-15 Page 4 of 9 Pages Item No. Description A-27 Paint 8" White Channelizing Line per Caltrans Detail 37B, 38, or 38A at A-28 Paint 8" White Channelizing Line per Caltrans Detail 38C Approximate Quantity . and Unit ' 6,950 LF $ Dollars Oer Linear Foot $j^fc^W0oU fV\A Ss»Ufgi>xf«^N. Dollars beflinear Foot /~ A-30 12" White Limit Line- Thermoplastic at 24 EA Unit Price 1.200LF $ »5"7 A-29 6" White Bike Lane Line per 49,921 LF $ .cP7 Caltrans Detail 39 or 39A at Total $ ^ l~7D ' $ 1 8&1« $ I ? */?%!. ~) • $ / Dollars Each A-31 12" White or Yellow Two-Line Cross Walk - Thermoplastic at Dollars Each A-32 12" White Line -Paint at DdlTars per Linear Foot A-33 "BIKE LANE" Pavement Legend & Arrow - Thermoplastic at Dollars Each 26 EA 560 LF 59 EA $ $ /.^ $ (/>% $_ $ $ Revised 11/01/06 Addendum No. 1 - Contract No. 3667-15 Page 5 of 9 Pages // Item No. A-34 A-35 A-36 A-37 Approximate Quantity Description and Unit "STOP AHEAD" Pavement 2 EA Legend - Thermoplastic at •o ) Dollars Each "SIGNAL AHEAD" Pavement Legend - Thermoplastic at \v\».t\Atti/4 ^?ourW< Dollars Each | "STOP" Pavement Legend - Thermoplastic at ^^*3C?">X«NO<JLSQ'ttrt (\\*JL \\\A*vk*4 S».\***A«ji- Dollars Each j. _. "PED XING" Pavement Legend - Thermoplastic at 1 32 EA 18EA 2EA Dollars Each A-38 Caltrans Pavement Arrows (All Types) - Thermoplastic Dollars Each A-39 Crack Seal at Dollars per Linear Foot A-40 Operational Video Detection System at Unit Price $ $ 37 $ 133 EA $ 200 LF $ 6 CAMERAS $ Dollars per Camera Total amount of bid in words for Schedule Total $ $ $ $ •Cwt. V\Ajr\fW<} Total amount of bid in numbers for Schedule "A" $ Revised 11/01/06 Addendum No. 1 - Contract No. 3667-15 Page 6 of 9 Pages BID SCHEDULE "B" Trench repair on Rancho Santa Fe Road and Calle Acervo between Calle Barcelona and Camino De Los Coches Item No. Description B-1 Mobilization at Dollars (Lump Sum) B-3 Traffic~Control at. Dollars (Lump Sum) B-4 Asphalt Rubber Hot Mix (ARHM)at ' \Vo DolFars per Ton B-5 Cold Milling 1-1/2 Inches Deep at SvX ^UH5dtfers j>er Approximate Quantity and Unit 1 LS Unit Price $ Dollars (Lump Sum) B-2 Public Notification of Work at 1 LS $ ^00 * 1 LS $ 380 TONS $*"? 8* 6,700 SF $ < Ddtfers j>er Square Foot B-6 Cold Milling 2 Inches Deep at 25,000 SF $ .f|0 Dollars per Square Foot B-7 Install Temporary Pavement Markers at 1 LS Dollars (Lump Sum) Total $ $ $ $ $ Revised 1 1/01/06 Addendum No. 1 - Contract No. 3667-15 Page 7 of 9 Pages Item No. Description B-8 4" White Lane Line per Caltrans Detail 12 at . Approximate Quantity and Unit Dollars per Linear Foot B-9 4" Double Yellow Centerline per Caltrans Detail 22 at \*M Dollar^ per Linear Foot B-10 6" White Bike Lane Line per Caltrans Detail 39 or 39A at Dollars per Linear Root B-11 12" White or Yellow Two-Line Cross Walk - thermoplastic at Dollars Each B-12 "BIKE LANE" Pavement Legend & Arrow - Thermoplastic at Qt\JL V Dollars Each B-13 "STOP AHEAD" Pavement Legend - Thermoplastic at Dollars Each B-14 "SIGNAL AHEAD" Pavement Legend - Thermoplastic at Dollars Each 44 LF SEA 2 EA 1 EA 1 EA Unit Price 2,425 LF $ 3P $.Lff$~ 550 LF $ .3*5" $ $ $ Total $ $ $ l3"7- $ $ 370 Revised 1 1/01/06 Addendum No. 1 - Contract No. 3667-15 Page 8 of 9 Pages /¥ Approximate Item Quantity Unit No. Description and Unit Price . . Totat B-15 Caltrans Pavement Arrows - 1 EA $ ~75" $ Thermoplastic at Dollars Each Total amount of bid in words for Schedule "B" S>O Total amount of bid in numbers for Schedule "B" $ Total amount of bid in words including Schedules "A" and "B'^TVxffcC nv* \\torv €a\fc \uutArea &itpk^t<A- fljvl Total amount of bid in numbers including Schedules "A" and "B" $ 3 (_& The basis of award will be the total amount of Schedules "A" and "B." The City of Carlsbad reserves the right to delete any or all Bid Items from Schedules "A" and "B" without penalty or change in the price of other Bid Items. Bid quantities are only estimates. Payment shall be based upon actual quantities measured in the field by the Engineer or other City Representative. . . Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) Nofe).^! 4fc«a _ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and. understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. OPENED, WITNESSED AND I 0Revised 11/01/06 Addendum No. 1 - Contract No. 3667-15 ^" """Page 9 of 9 Pages AGREEMENT FOR REIMBURSEMENT OF COSTS FOR COLD MILLING AND REPAVING WITH RUBBERIZED ASPHALT OF RANCHO SANTA FE ROAD AND CALLE ACERVO FOR NORTHWEST QUADRANT RECYCLED WATER PIPELINES BETWEEN CALLE BARCELONA AND CAMINO DE LOS COCHES Between CITY OF CARLSBAD AND OLIVENHAIN MUNICIPAL WATER DISTRICT -1 - AGREEMENT FOR REIMBURSEMENT OF COSTS FOR COLD MILLING AND REPAYING WITH RUBBERIZED ASPHALT OF RANCHO SANTA FE ROAD AND CALLE ACERVO FOR NORTHWEST QUADRANT RECYCLED WATER PIPELINES BETWEEN CALLE BARCELONA AND CAMINO DE LOS COCHES This Agreement for Reimbursement of Costs for the Repaying with Rubberized Asphalt of Rancho Santa Fe Road and Calle Acervo for Northwest Quadrant Recycled Water Pipelines between Calle Barcelona and Camino De Los Coches, dated as of 2007 ("Agreement") is made at San Diego County, California, by and between the CITY OF CARLSBAD (City), and OLIVENHAIN MUNICIPAL WATER DISTRICT (Olivenhain), a Water District operating pursuant to Water Code S71000, et seq., with reference to the following recitals: RECITALS A. Olivenhain is constructing recycled water pipelines in the area within the District boundaries known as Northwest Quadrant ("Project") located in the City of Carlsbad, California (the "City"), more particularly described as Northwest Quadrant Recycled Water Facilities in construction plans SD-O01-632-00 on file at Olivenhain, which have been reviewed and approved by the City for work within City streets. B. The City requires that rubberized asphalt be used for the surface course paving on these particular streets to match existing pavement. This condition requires that a change order be issued by Olivenhain to their Contractor because this is a new requirement not identified in the construction plans. Since rubberized asphalt is not manufactured all year, the cost quoted by the Contractor for this amount of paving with rubberized asphalt is excessive. Combining this work with the upcoming City rubberized asphalt paving project this summer will lower the cost substantially. C. The City agrees that the traffic control, cold milling, paving with rubberized asphalt, and striping for the areas to be repaved because of pipelines installed by Olivenhain's Contractor in these City streets may be included in the City's project, to be paid for at the unit prices bid in the City's upcoming paving contract. D. Olivenhain agrees to reimburse the City for the costs of this work for quantities agreed to between the parties at the unit prices bid in the City's contract. The quantities and unit costs are to be reviewed and agreed upon between the City and Olivenhain. NOW, THEREFORE, the City and Olivenhain agree as follows: 1. Recitals. The Recitals, above, are true and correct and are incorporated herein by this reference. 2. Satisfaction of Obligation. City's agreement to perform the Work, as set forth herein, and the actual construction thereof, shall fully satisfy and constitute compliance with all requirements regarding the Project solely with respect to the Street Repaving Work as described above in paragraph C. -2- n 3. General Olivenhain Obligations. (a) In consideration of the City's undertakings as set forth herein, Olivenhain agrees to identify the areas to be repaved on the Northwest Quadrant plans, as shown in the attached Exhibit "A", which are incorporated herein by this reference: (i) Street Repaving Work on Rancho Santa Fe Road includes all work to resurface the areas affected by recycled water pipeline construction from Station 11 +50 to Station 30+30 on sheets 3, 4, and 5 of the Northwest Quadrant plans. The thickness of rubberized asphalt shall be 2". Widths shall be as defined in Exhibit "A". (ii) Street Repaving Work on Calle Acervo includes all work to resurface the areas affected by recycled water pipeline construction from Station 3+20 to Station 9+95 on sheet 14 of the Northwest Quadrant Plans. The thickness of rubberized asphalt shall be 1-1/2". Widths shall be as defined in Exhibit "A". The Street Repaving Work includes all traffic control, grinding of existing asphalt to the proper depth, paving with rubberized asphalt to match existing surfaces, restriping and relettering, and replacement of all pavement markers. (b) Olivenhain agrees to review and approve or reject the unit prices in the successful Bidder's Bid Schedule for the 2007 Pavement Overlay Project within 15 days of receipt from the City. (c) Olivenhain agrees to reimburse the City for Street Repaving Work as described in Sections 6 and 7 below. 4. General City Obligations. (a) The City agrees to provide a copy of the successful Bidder's Bid Schedule for the 2007 Pavement Overlay Project for Olivenhain review of the unit prices applicable to this work. Before proceeding with the work, the City agrees to confirm with Olivenhain that the unit prices are acceptable to Olivenhain. If Olivenhain does not approve the unit prices, the City agrees to delete the work in this Agreement from the contract. (b) The City shall invoice Olivenhain an amount (the "Reimbursement Amount") equal to the actual authorized reimbursement Total Cost for construction of the Street Repaving Work. The actual Total Reimbursable Amount shall include all costs associated with the construction of the Street Repaving Work noted in the attached Exhibit "B" which is incorporated herein by reference for the complete, exclusive, and final compensation for the scope of the work required to repave the areas identified in Exhibit "A". (c) Prevailing Wage. Pursuant to the California Labor Code, the Director of the Department of Industrial Relations has determined the general prevailing rate per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by -3- reference herein. Pursuant to California Labor Code, section 1775, the City's Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. (d) It shall be the responsibility of the City to observe and follow the requirements for retention of records and the submittal of information in connection with the Street Paving Work, as specified in this Agreement. 5. Reimbursable Street Repaying Work. (a) With respect to all hard costs of construction comprising the Street Repaving Work, the City shall solicit bids from reputable contractors. Reimbursable Street Repaving Work may be bid together with Non- Reimbursable work for that portion of the Street Repaving Work, which are being bid by such contractor. Upon award of a contract for the Street Repaving Work, the costs thereof shall be allocated among the categories consistent with the method and process used in 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 categories of Reimbursable Street Repaving Work. (b) During the performance of any Reimbursable Street Repaving Work, the City shall retain detailed payment records for all items of Reimbursable Street Repaving Work, for use by Olivenhain in auditing subsequent reimbursement requests by the City. City's requests for reimbursement (each a "Reimbursement Request") shall include copies of plans, specifications, engineer's cost estimates, bids received, contracts, change orders, invoices, payment slips, canceled checks (front and back), lien releases and other documentation reasonably required by Olivenhain to evidence the completion and payment for each item of Reimbursable Street Repaving Work. Reimbursement Requests may be submitted by the City as described in Section 6 (a) below. 6. Audit of Reimbursable Expenses. (a) Expenses for Reimbursable Street Repaving Work, including City overhead, are referred to herein collectively as "Reimbursable Expenses." Such expenses shall not exceed 5% of the construction cost of the work in this Agreement. The City shall be entitled to submit requests for Reimbursable Expenses upon Olivenhain acceptance of the Street Repaving Work. (b) All of City's Reimbursement Requests will be processed and audited for Olivenhain by a reputable consulting engineer selected by City ("Auditing Engineer"). The costs of the Auditing Engineer shall be paid directly by Olivenhain. (c) The Auditing Engineer shall review all Reimbursement Requests and the payment records submitted in connection therewith and shall within thirty (30) days thereafter issue to City and Olivenhain a report either accepting the City's submittal or specifying with particularity any reimbursement items or amounts not approved. Any reimbursement items or amounts not approved by the Auditing Engineer may be further pursued by the City using the dispute resolution provision of Section 8 below. -4- (d) With each Reimbursement Request, following 30-day review by Auditing Engineer, the Auditing Engineer shall forward one copy of each invoice submitted to Olivenhain by the City, to the Olivenhain's Engineering Manager ("Manager"), together with an invoice for all other components of the Actual Cost not otherwise reflected on the Contractor's invoice. The Manager shall confirm and approve within 30 days the Reimbursement Amount based upon the components of Actual Costs and Overhead Costs set forth in Section 5 of this Agreement. If the Manager objects to any items comprising the Reimbursement Amount, the Manager shall notify the City within thirty (30) days of receipt of all invoices forwarded by the City. Failure to so notify the City shall be deemed the Manager's approval of such invoices. If the Auditing Engineer objects to an invoice he shall authorize payment on all approved items of work except for the disputed work or cost item. (e) Olivenhain's reimbursement obligations hereunder shall be based upon Exhibit "B". If Olivenhain does not approve the unit prices in the successful Bidder's Bid Schedule and the Street Repaying Work in the Agreement is not done, then Olivenhain will not be obligated to pay anything, including Reimbursable Expenses. (f) Before the City submits all invoices to the Manager, the City shall obtain necessary or appropriate lien releases from all contractors, and shall obtain from the Olivenhain, and all appropriate governmental agencies, all approvals, certificates, and other documents necessary to indicate the completion of the Reimbursable Work, and the ability to put the Public Improvements into use. The date the City receives all such final lien releases, approvals, and certificates shall be deemed the date of completion of the Street Repaying Work (the "Completion Date"). In lieu of providing all final lien releases prior to reimbursement, the City shall have the right to guarantee contractor's payment pending receipt of final releases through the act of providing a bond security as guaranty of payment. Bond release would then require delivery of missing releases. 7. Payment of Reimbursable Expenses. (a) Payment of Reimbursable Expenses shall be made, within thirty (30) days after the Auditing Engineer's determination on any such Reimbursement Request (or determination pursuant to Section 8 if applicable). (b) Olivenhain shall not unreasonably withhold acceptance of the Street Repaying Work. (c) Olivenhain and City agree that the Olivenhain's General Fund is not part of this Agreement. Olivenhain has reserved funding earmarked under an approved Capital Improvement Program. 8. 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 Manager or the City's Public Works -5- 3-0 Director ("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 Manager, or Director, upon receipt, shall reply to the letter, including a recommended method of resolution within ten (10) days. If the recommended resolution is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may, but is not obligated to resolve the dispute. If the City Council considers the dispute, and directs a solution, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties from seeking remedies available to them at law. 10. Assignment of Contract. The City shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of Olivenhain, which approval shall not be unreasonably withheld. 11. 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, addressed as shown below. Notices required to be given to Olivenhain shall be addressed as follows: Olivenhain Municipal Water District Attention: George R. Briest, Engineering Manager 1966 Olivenhain Road Encinitas, CA 92024 Telephone: (760) 753-6466 Fax:(760)753-1578 Notices to City shall be delivered to the following: CITY OF CARLSBAD 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 hereunder to be directed to another address. 12. Transfer by City. The obligations and benefits of this Agreement shall not be transferred upon sale of the Project. 13. 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. 14. 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. -6- 15. 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. 16. Amendment. This Agreement may be amended by a written instrument executed by City and Olivenhain except that no amendment regarding the provisions for reimbursement to the City shall be valid unless executed by both Olivenhain and the City. 17. Term. This Agreement shall be effective as of the date first above written, and shall terminate on January 1, 2008. 18. 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. 19. Severability. The invalidity or unenforceability of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. IN WITNESS WHEREOF, the parties hereto have caused this^Agreement to be executed as of the date first above written. "" OLIVENHAIN MUNICIPAL WATER DISTRICT a CALIFORNIA PUBLIC AGENCY Cl IMBER2Y A. THORNER eneral Manager (Proper notarial acknowledgment of execution by Contractor must be attached. 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, General Counsel BY: Deputy General Couttsel -7- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^M £)*< On a.Ql{JGa~) before me, Date personally appeared C ft. } /I.. . rne and Title of Officer (e.g., ",*^ie Dorf, Notary Public") Name(s) of Signer(s) Q^5ersonally known to me SHERRY A. FREISINGER| Commission # 1727064 I Notary Public - California i San Diego County * Camm. BC*M Fab% 2011 Place Notary Seal Above D (or proved to me on the basis of satisfactory evidence) to be the person(sfwhose namedayis/afe-subscribed to the within instrument and acknowledged to me that he/oho/thoy-executed the same in his/her/then* authorized capacity£iesf, and that by his/htn/ll leii ' signature^ on the instrument the person(sY, or the entity upon behalf of which the person(sf acted, executed the instrument. WITNESS my hand and official seal. Signatun OPTIONAL Signature of Notary Public 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 AttachedDocument Title or Type of Documentf/Stf/rihuj-J-f/ntsi'f Document Date:. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — n Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual n Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT A AREAS TO BE REPAVED ON THE NORTHWEST QUADRANT PLANS -9- LT c •s s SNOISIA3H aiva 90/S XD3HO Noisaa 080B-B9Z-9S8 IUZ6 OOZ «HK K ssita aawsoJNoo axv 90/S H03HO d/ it 3-6466 ^ 7407 Convey Court, Suite 200 San Diego, Cafifomia 92111 858-268-8080 WWW.BOYLEENGINEERING.COM DRAWN IP CHECK MARK 5/06 AKE DATE CONFORMED DWGS REVISIONS EXHIBIT B ESTIMATE OF THE COSTS FOR CONSTRUCTION OF THE STREET REPAYING WORK -10- Northwest Quadrant Street Repaving Work, Part of the City of Carsbad's 2007 Pavement Overlay Project Rancho Santa Fe Road & Calle Acervo Between Calle Barcelona & Camino De Los Coches Agreement Between the City of Carlsbad and Olivenhain Municipal Water District UNIT DESCRIPTION QUANTITY* UNIT COST" TOTAL 1 Mobilization 2 Public Notification of Work 3 Traffic Control 4 Asphalt Rubber Hot Mix (ARHM) 5 Cold Milling 1-1/2 Inches Deep 6 Cold Milling 2 Inches Deep 7 Install Temporary Pavement Markers 8 4" White Lane Line per Caltrans 9 4" Double Yellow Centerline per Caltrans 10 6" White Bike Lane Line per Caltrans 11 12" White or Yellow Two-Line Cross Walk- Thermoplastic 12 "BIKE LANE" Pavement Legend & Arrow - Thermoplastic 13 "STOP AHEAD" Pavement Legend - Thermoplastic 14 "SIGNAL AHEAD" Pavement Legend - Thermoplastic 15 Caltrans Pavement Arrows - Thermoplastic TOTAL ' Quantities are estimated, payment shall be based upon actual quantities measured in the field '* Unit costs are estimated, payment shall be based upon actual unit costs included in the Bid Schedule 1 11 380 6,700 25,000 1 2,425 44 550 3 2 1 1 1 LUMP SUM LUMP SUM LUMP SUM TONS SQ FEET SQ FEET LUMP SUM LIN FEET LIN FEET LIN FEET EACH EACH EACH EACH EACH $15,000.00 $1,000.00 $15,000.00 $118.20 $0.33 $0.44 $1,000.00 $0.49 $1.33 $0.49 $317.00 $86.00 $252.00 $319.00 $74.00 $15,000.00 $1,000.00 $15,000.00 $44,916.00 $2,211.00 $11,000.00 $1,000.00 $1,188.25 $58.52 $269.50 $951.00 $172.00 $252.00 $319.00 $74.00 $93.411.27