HomeMy WebLinkAbout2009-05-19; City Council; 19814; Reimbursement Agreement CUSD Ambrosia LnCITY OF CARLSBAD - AGENDA BILL
AB#
19.814
MTG. 5/19/09
DEPT. ENG
APPROVE A REIMBURSEMENT
AGREEMENT WITH CARLSBAD UNIFIED
SCHOOL DISTRICT FOR DRIVEWAY
IMPROVEMENTS ON AMBROSIA LANE
DEPT. HEAD T^-JTJJ"
CITY ATTY. x-£3^CE-
CITY MGR. (/A—
RECOMMENDED ACTION:
Adopt Resolution No. 2009-109 approving an Agreement with Carlsbad Unified School
District for Reimbursement of Design, Construction, and Construction Management costs for
the Aviara Oaks Elementary/Middle School Driveway intersecting Ambrosia Lane at Conosa
Way.
ITEM EXPLANATION:
Aviara Oaks Elementary School was constructed in the early 1990's and was followed by
construction of Aviara Oaks Middle School in the later 1990's. Both schools are served by
the only egress driveway from the site and that driveway intersects Ambrosia Lane at
Conosa Way, a four-way stop controlled intersection. Standard driveway improvements
including curb and gutter, sidewalk, and handicap ramps where the school egress driveway
intersects Ambrosia Lane were not constructed by the School District at the time of original
construction. Instead, some temporary improvements using an asphaltic-concrete berm
were installed.
Officials from the Carlsbad Unified School District (CUSD) have asked that the City of
Carlsbad share in the cost of driveway improvements on Ambrosia Lane, a public street.
Installing the requested improvements will provide a concrete sidewalk for students to use
when walking from school on the egress driveway approaching Ambrosia Lane rather than
the current dirt pathway. The improvements would also include curb and gutter for drainage
purposes and handicap ramps on Ambrosia Lane for sidewalk continuity of a disabled
pedestrian.
If approved, by the City Council, the agreement with Carlsbad Unified School District will
result in a 50/50 sharing of the costs for design, construction, inspection, and construction
management. The City of Carlsbad will be the lead agency and invoice CUSD their share of
design and construction related costs upon completion of the project.
Plans, specifications, and estimates have been prepared for this project.
DEPARTMENT CONTACT: Robert T. Johnson, Jr., 760-602-2752 Bob.Johnson@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
*D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
D
D
D
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FISCAL IMPACT:
The estimated cost for the Aviara Oaks School Driveway project is shown in the table below.
AVIARA OAKS SCHOOL DRIVEWAY PROJECT; 12T T
Design*
Construction & Construction Management and Inspection
Construction Contingency (15%)
TOTAL ESTIMATED CONSTRUCTION COSTS
PROJECT AVAILABLE BALANCE (TRAFFIC IMPACT FEES)
ADDITIONAL APPROPRIATION REQUIRED
-EST'MATED COSTS V' "-
$30,521
38,320
5,225
$43,545
$1,465,151
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The Design costs have been incurred and are not included as part of the total estimated construction costs. Total project
costs are estimated at $74,066.
Staff estimates an additional $43,545 for construction costs is required to complete the
driveway improvements. As the improvements within the public right of way fall within the
guidelines of the Sidewalk/Street Construction Program (Project No. 6002), staff
recommends using these funds to accommodate the construction portion of the project. The
table below shows the current status of the project.
SIDEWALK/STREET CONSTRUCTION PROGRAM - PROJECT NO. 6002
TASK DESCRIPTION
Design
Construction, Inspection, Materials Testing
TOTAL
APPROPRIATED
TO DATE
$160,000
1,335,672
$1,495,672
EXPENDITURES/
ENCUMBRANCES
TO DATE
$30,521
0
$0
REMAINING
BALANCES
$129,479
1,335,672
$1,465,151
Carlsbad Unified School District will reimburse 50% of the entire project costs, with their
share currently estimated at $37,033, upon project completion as specified in the attached
agreement. The amount reimbursed by the School District will be deposited into the TIP
Fund upon receipt as that is the funding source for the Sidewalk/Street Construction
Program.
Prevailing wages will be required for the construction portion of this project because the City
of Carlsbad will be receiving funds from another agency (Carlsbad Unified School District).
ENVIRONMENTAL IMPACT:
The project is exempt from environmental review per CEQA Guidelines Section 15303(d),
relative to new construction of small facilities for street and sidewalk improvements.
Page 3
EXHIBITS:
1. Location Map.
2. Resolution No. 2009-109 approving a reimbursement agreement with Carlsbad Unified
School District.
3. Agreement for Reimbursement of Design, Construction, and Construction Management costs
for the Aviara Oaks Elementary/Middle School driveway intersecting Ambrosia Lane at
Conosa Way.
3
LOCATION MAP
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CONOSA WAY
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PROPOSED
IMPROVEMENTS
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1AMBROSIA LANE/AVIARA OAKS SCHOOL
EGRESS DRIVEWAY IMPROVEMENTS
EXHIBIT
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^RESOLUTION NO. 2009-109
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT WITH CARLSBAD UNIFIED SCHOOL DISTRICT.
4
5 WHEREAS, the City Council of the City of Carlsbad, California, has determined it
6 necessary, desirable, and in the public interest to construct improvements on Ambrosia Lane
7 where the Aviara Oaks Elementary/Middle School egress driveway intersects at Conosa Way; and
8 WHEREAS, the Carlsbad Unified School District and City of Carlsbad will undertake the
9 completion of improvements as a joint project; and
10 WHEREAS, the Carlsbad Unified School District has agreed to reimburse the City of
11 Carlsbad fifty (50) percent of the design, construction, inspection, and construction management
12 costs for the project; and
13 WHEREAS, at this time, there has been submitted to the City Council for review and
14 approval, a reimbursement agreement setting forth certain terms and conditions for work to be
'* installed and reimbursed pursuant to the reimbursement agreement.
16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
17 California, as follows:
18 1. That the above recitations are true and correct.
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2. That the Agreement for Reimbursement of Design, Construction, and
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Construction Management costs for the Aviara Oaks Elementary/Middle School
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Driveway intersecting Ambrosia Lane at Conosa Way is hereby approved and
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the Mayor is authorized to execute said agreement. Following the Mayor's
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execution of said agreement, the City Clerk is directed to forward copies of this
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resolution and said agreement to: Mr. John A. Roach, Ed. D., Superintendent,
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Carlsbad Unified School District, 6225 El Camino Real, Carlsbad, California
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92009; and the City of Carlsbad Public Works Engineering Department.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 19th day of May, 2009, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Council Member Kulchin.
"LORRAINE M. WOOD, City Clerk '
(SEAL)
AGREEMENT FOR REIMBURSEMENT OF DESIGN, CONSTRUCTION, AND
CONSTRUCTION MANAGEMENT COSTS FOR THE AVIARA OAKS
ELEMENTARY/MIDDLE SCHOOL DRIVEWAY INTERSECTING AMBROSIA LANE
AT CONOSA WAY
THIS AGREEMENT FOR REIMBURSEMENT OF DESIGN, CONSTRUCTION,
AND CONSTRUCTION MANAGEMENT COSTS FOR THE AVIARA OAKS
ELEMENTARY/MIDDLE SCHOOL DRIVEWAY INTERSECTING AMBROSIA LANE AT
CONOSA WAY ("Reimbursement Agreement"), dated as of
MTY^QL>A olO , 2009 ("Effective Date"), is made at San Diego
County, C^orniaT Between the CITY OF CARLSBAD, a municipal corporation, ("City"),
and the Carlsbad Unified School District ("District"), with reference to the following:
RECITALS
A. City and District acknowledge the importance of providing safe and
effective vehicle and pedestrian egress from Aviara Oaks Elementary School and
Aviara Oaks Middle School.
B. City and District desire to establish mutually agreed upon responsibilities
for the funding, design, construction, and construction management inspection of the
school driveway at its intersection with Ambrosia Lane at Conosa Way.
C. The improvements to the driveway egress are at Ambrosia Lane and since
it is in the best interest of both the City and District to jointly construct the school egress
driveway improvements at the same time by the same contractor, the costs incurred
shall be equally shared by the City and District.
NOW, THEREFORE, in consideration of the above recitals, City and District do
hereby mutually and jointly agree to participate in the design, construction, and
construction management of said school egress driveway where it intersects Ambrosia
Lane at Conosa Way, as follows:
CITY OBLIGATIONS:
1. City shall obtain the services of a professional consulting civil engineering
company to design the school egress driveway improvements.
2. City shall, through the services of the consulting civil engineering company,
prepare the plans, specifications, and estimates to construct the school egress driveway
improvements.
3. City shall solicit competitive construction bids to construct the school egress
driveway improvements and award said construction contract to the lowest responsible
bidder.
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4. City shall perform construction administration and inspection of the school egress
driveway improvements.
5. City shall authorize District to inspect the school egress driveway improvements.
6. City shall track and record charges for all costs to be paid by the District pursuant
to this Agreement.
7. City shall designate a construction inspector who shall represent the City as the
single point of contact during the project construction.
8. Upon completion of the school egress driveway improvements and all work
incidental thereto, City shall furnish the District with a detailed statement of the total
actual cost of design and construction, including the cost of any contract claims or
change orders, and construction management.
DISTRICT OBLIGATIONS:
1. District shall obtain the authority to construct on adjacent private property prior to
the City soliciting competitive bids for the project.
2. District shall provide authority to construct upon District property.
3. District shall designate a single project representative authorized to act on behalf
of the District regarding inspection, discussion of contract changes orders with the City,
and overall project coordination. The project representative shall respond expeditiously
to all construction inquiries so as to avoid delaying the contractors work.
4. District shall pay to the City fifty (50%) of all school egress driveway costs for
design, construction, and construction management. Payment to the City shall be
within thirty (30) calendar days of receiving an invoice.
CITY and DISTRICT mutually agree that:
1. City shall not advertise a construction contract until it has received written
approval from District approving plans, specifications, and estimates for the school
egress driveway project. Said approval by the District shall be within thirty (30) calendar
days of receipt of the plans, specifications, and estimates.
2. Upon completion of the school egress driveway project, ownership and title to
materials and appurtenances that are installed within City's right of way will
automatically be vested in and maintained by City. Materials and appurtenances that
are installed on the District's property will automatically be vested in and maintained by
the District.
3. Pursuant to Section 895.4 of the Government Code, City and District agree that
each will assume the full liability imposed upon it or any of its elected officials, officers,
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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.
4. District shall not assign this agreement or any part thereof or any monies due
thereunder without the prior written consent of the City.
5. This agreement may not be modified, amended, or otherwise changed unless by
an amendment, in writing, executed by the parties hereto.
6. This agreement shall terminate after the egress driveway improvements
contemplated by the agreement have been constructed, after all payments required
under this agreement have been made, and maintenance responsibilities have been
assumed by the City and the District in accordance with the terms of the agreement.
7. 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 services), 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:
Carlsbad Unified School District
Attn: Superintendent
6225 El Camino Real
Carlsbad, CA 92009
Phone:(760)331-5000
Fax:(760)431-6707
Notices to the City shall be delivered to the following:
City of Carlsbad
Engineering Department
Attn: City Engineer
1635 Faraday Avenue
Carlsbad, CA 92008
Phone: (760) 602-2752
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.
8. This Agreement shall be interpreted and enforced under the laws of the State of
California, and venue shall reside in San Diego County, California.
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9. 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.
10. This Agreement may only be amended by a written instrument executed by both
City and District.
11. 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.
12. 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.
13. The following exhibits are attached to and by this reference incorporated into and
made a part of this Reimbursement Agreement:
A. Exhibit A - Location Map
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first above written.
DISTRICT:
Carlsbad Unified School District
ohn A. Roach Ed. D.
Superintendent
CITY OF CARLSBAD, a municipal
corporation of the State of California
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:.
Deputy City Attorney
ATTEST:
LORRAINE M. WOOD
City Clerk
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LOCATION MAP
is
CO1
CONOSA WAY
NOT TO SCALE
PROPOSED
IMPROVEMENTS
COQ
PROJECT NAMEAMBROSIA LANE/AVIARA OAKS SCHOOL
EGRESS DRIVEWAY SIDEWALK IMPROVEMENTS
EXHIBIT
A