HomeMy WebLinkAbout2022-10-18; City Council; ; Memorandum of Understanding with the City of Encinitas for reimbursement of pavement rehabilitation and Americans with Disabilities Act-compliant curb ramps on OlivenhainCA Review _RMC_
Meeting Date: Oct. 18, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Eric Zielke, Senior Engineer
eric.zielke@carlsbadca.gov, 442-339-2230
Hossein Ajideh, Engineering Manager
hossein.ajideh@carlsbadca.gov, 442-339-2756
Subject:
District:
Memorandum of Understanding with the City of Encinitas for
reimbursement of pavement rehabilitation and Americans with
Disabilities Act-compliant curb ramps on Olivenhain Road
4
Recommended Action
Adopt a resolution authorizing the City Manager to execute a memorandum of understanding
with the City of Encinitas for reimbursement of the costs associated with Carlsbad’s portion of
pavement rehabilitation and the installation of Americans with Disabilities Act-compliant curb
ramps on Olivenhain Road.
Executive Summary
The City of Encinitas owns and maintains most of Olivenhain Road between El Camino Real and
its city limits except for a small portion along the north side of the road as shown in Exhibit 2. The
City of Carlsbad owns and maintains the northerly sidewalk, existing curb ramps and about
27,523 square feet of asphalt.
Encinitas selected Olivenhain Road for resurfacing as part of its pavement rehabilitation program.
Prior to the resurfacing project, Encinitas staff contacted Carlsbad staff to coordinate the
rehabilitation of the full width of the road, extending across the municipal boundary. This work
also included installation of curb ramps that meet American with Disabilities Act standards.
Since most of the planned resurfacing was within the City of Encinitas, Encinitas city staff took
the lead in constructing the improvements.
The City Council is now being asked to authorize the City Manager to execute a memorandum of
understanding with the City of Encinitas so that Carlsbad can reimburse Encinitas for the costs
associated with Carlsbad’s portion of pavement rehabilitation and the installation of curb ramps
on Olivenhain Road.
Oct. 18, 2022 Item #4 Page 1 of 10
Discussion
Performing pavement resurfacing across the whole roadway, rather than stopping at the cities’
jurisdictional boundary, provides longer pavement life and a better driving surface for the
traveling public at a better price due to economies of scale.
The resurfacing of Olivenhain Road included traffic lane striping, stormwater pollution control
measures, traffic control devices and curb ramp upgrades, to comply with the American
Disabilities Act. As part of the project, four curb ramps within the Carlsbad city limits were
upgraded to meet current standards.
Encinitas completed the resurfacing effort on Olivenhain Road in November 2021. Carlsbad staff
have confirmed that all work within Carlsbad’s jurisdiction was properly installed and inspected,
and that it meets all applicable standards. Staff in both cities have determined that Carlsbad’s
portion of the project cost is $84,137.81.
The City of Encinitas has signed a memorandum of understanding that covers the City of
Carlsbad’s reimbursement obligations for the costs Encinitas incurred by providing the pavement
overlay treatment, curb ramps and traffic striping constructed on the City of Carlsbad’s side of
the street. Carlsbad’s portion of the project cost also includes the city’s share of permit fees,
traffic control devices and water pollution control measures.
Both city attorney offices for the City of Encinitas and the City of Carlsbad, as well as staff from
both cities, have reviewed the proposed memorandum (Attachment A to Exhibit 1). Staff
recommend the City Council authorize the City Manager to execute the memorandum with the
City of Encinitas.
Fiscal Analysis
The total reimbursement amount is $84,137.81. Funds will be provided from the city’s Pavement
Management Program, Capital Improvement Program Project No. 6001. Sufficient funds are
available in the project budget to cover the reimbursement. The Pavement Management
Program’s total available budget is $9,913,591.
Next Steps
Upon the City Council’s authorization, the City Manager will execute the memorandum between
the City of Encinitas and the City of Carlsbad. Staff will then submit the executed memorandum
and the associated compensation payment to the City of Encinitas.
Environmental Evaluation
In keeping with Public Resources Code Section 21065, the action of authorizing a reimbursement
memorandum of understanding with the City of Encinitas does not constitute a project within
the meaning of the California Environmental Quality Act. It has no potential to cause either a
direct physical change in the environment, or a reasonably foreseeable indirect physical change
in the environment.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Oct. 18, 2022 Item #4 Page 2 of 10
Exhibits
1.City Council resolution
2.Location map
Oct. 18, 2022 Item #4 Page 3 of 10
Exhibit 1
RESOLUTION NO. .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE CITY OF ENCINITAS FOR
REIMBURSEMENT OF THE COSTS ASSOCIATED WITH CARLSBAD’S PORTION
OF PAVEMENT REHABILITATION AND THE INSTALLATION OF AMERICANS
WITH DISABILITIES ACT-COMPLIANT CURB RAMPS ON OLIVENHAIN ROAD
WHEREAS, the City of Carlsbad owns and maintains a small portion of Olivenhain Road between
El Camino Real and the Encinitas city limits west of Rancho Santa Fe Road which consists of the
northerly sidewalk, existing curb ramps and about 27,523 total square feet of asphalt pavement; and
WHEREAS, the City of Encinitas resurfaced Olivenhain Road in November 2021 and included in
this full-width mill and overlay process Carlsbad’s portions of Olivenhain Road to provide longer
pavement life and a better driving surface for the traveling public at a better price point due to
economies of scale; and
WHEREAS, staff from the City of Carlsbad and the City of Encinitas have reviewed and finalized
the costs associated with Carlsbad’s portion of the project, and staff from both cities have determined
that Carlsbad’s portion of the project cost is $84,137.81; and
WHEREAS, both City Attorney’s offices for the City of Carlsbad and the City of Encinitas have
reviewed the proposed memorandum of understanding, which governs Carlsbad’s reimbursement
obligations for the costs Encinitas incurred by resurfacing Olivenhain Road; and
WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary,
desirable and in the public interest to execute a memorandum of understanding with the City of
Encinitas for reimbursement of the costs associated with Carlsbad’s portion of the pavement
rehabilitation and the installation of Americans with Disabilities Act-compliant curb ramps on
Olivenhain Road; and
WHEREAS, sufficient funds are available in the Pavement Management Program Capital
Improvement Program Project No. 6001 budget to cover the reimbursement.
Oct. 18, 2022 Item #4 Page 4 of 10
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the City Manager is hereby authorized and directed to execute the memorandum
of understanding, attached hereto as Attachment A, with the City of Encinitas to
reimburse the City of Encinitas for the costs associated with Carlsbad’s portion of the
pavement rehabilitation and the installation of Americans with Disabilities Act-
compliant curb ramps on Olivenhain Road.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
_____________________________________
MATT HALL, Mayor
______________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Oct. 18, 2022 Item #4 Page 5 of 10
1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ENCINITAS AND THE CITY OF CARLSBAD FOR PAVEMENT REHABILITATION AND ADA CURB RAMP UPGRADES ON OLIVENHAIN ROAD
This Memorandum of Understanding (“MOU”) is entered into by and between the City of Encinitas, a municipal corporation (hereinafter referred to as “Encinitas”) and the City of Carlsbad, a municipal corporation (hereinafter referred to as “Carlsbad'') with respect to pavement rehabilitation, ADA curb ramp upgrades and associated costs on Olivenhain Road. Encinitas and Carlsbad are hereinafter referred to collectively as the “Parties”.
RECITALS
WHEREAS, Encinitas and Carlsbad desire to enter into this MOU for a cost-sharing agreement
relating to pavement rehabilitation, ADA curb ramp upgrades and associated costs on Olivenhain Road between El Camino Real and the eastern city limits between Encinitas and Carlsbad; and
WHEREAS, Encinitas owns and maintains the majority of Olivenhain Road between El Camino Real and its eastern city limits; and
WHEREAS, Carlsbad owns and maintains the sidewalk and a portion of the pavement on the north side of Olivenhain Road east of Paseo Aliso; and
WHEREAS, Encinitas performed an overlay rehabilitation treatment and upgraded curb ramps for ADA compliance that spans into the jurisdictional boundary between the Parties with its FY2019-20 Annual Citywide Pavement Resurfacing Project, FY2020-21 Annual Citywide Pavement Resurfacing Project, and North El Camino Real Pavement and Restriping Improvements Project; and
WHEREAS, Encinitas is seeking reimbursement of costs associated with the portion of the
overlay rehabilitation treatment, curb ramps, and traffic striping constructed within Carlsbad’s jurisdiction, as well as Carlsbad’s proportionate share of permit fees, traffic control and water pollution control; and
WHEREAS, this MOU will delineate the agreement, responsibilities, and terms between Encinitas and Carlsbad, and is offered with the best of intentions to clarify and manage
expectations for the reimbursement costs of the cost-sharing agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties hereby agree as follows:
I.Project Description (hereinafter referred to as “Project”)
Perform a two-inch cold mill and asphalt concrete overlay curb-to-curb on Olivenhain Road between El Camino Real and the eastern city limits between Encinitas and Carlsbad. In addition, reconstruct existing pedestrian curb ramps for ADA compliance impacted by the repaving limits. Work also involves traffic control, water pollution control, and traffic striping.
ATTACHMENT 1DocuSign Envelope ID: A2F7EAB1-4079-4631-9FDC-2D67005ACD0D
Attachment A
DocuSign Envelope ID: 7CD96261-346E-45C3-A3E9-1E537F426F5A
Oct. 18, 2022 Item #4 Page 6 of 10
2
II.Responsibilities of the Parties
1.Encinitas agrees to:
A.Act as the lead agency for the purpose of creating bid documents, advertising,award, contract administration, construction management, inspection, and suchother construction engineering as may be required, for satisfactory completion ofProject.
B.Advertise for construction bids and construct Project by contract in accordance
with plans and specifications prepared by Encinitas.
C.Upon completion of Project and all work incidental thereto, to furnish Carlsbad
with a detailed cost estimate for reimbursement purposes based on bid unitprices and executed change orders.
D.Provide Carlsbad with any project specifications, bid documents, constructiondocuments, bid schedules, change orders, invoices and any other documentsrelating to the design or construction of the Project.
2.Carlsbad agrees to:
A.Upon completion of the Project, inspect all work within Carlsbad’s jurisdiction andimmediately notify Encinitas of any deficiencies.
B.Upon completion of the Project, review the cost estimate and project documentsprovided by Encinitas for reimbursement purposes and provide comments or anapproval of acceptance.
C.Refund Encinitas $84,137.81, which amount relates only to the work performed
within Carlsbad’s jurisdiction, within ninety (90) days of the effective date of thisMOU, unless otherwise agreed to by the Parties hereto.
III.Ownership and Maintenance
Upon completion of the Project, ownership and maintenance of the constructed improvements
will automatically be vested in and maintained based on the existing jurisdictional boundary between the Parties.
IV.Governing Law and Venue
The MOU is made, entered into, and executed in San Diego County, California, and the Parties
agree that any legal action claim or proceedings arising out of or connected with this MOU shall be filed in the applicable court in San Diego County, California. The Parties further agree the MOU shall be construed, and all disputes shall be settled in accordance with the laws of the State of California.
DocuSign Envelope ID: A2F7EAB1-4079-4631-9FDC-2D67005ACD0DDocuSign Envelope ID: 7CD96261-346E-45C3-A3E9-1E537F426F5A
Oct. 18, 2022 Item #4 Page 7 of 10
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V.Records Retention and Inspection of Records
The Parties shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent records pertaining to the MOU. All records shall be kept and maintained by Encinitas and made available to Carlsbad.
VI.Indemnity and Hold Harmless
Neither Encinitas nor any of its elected or appointed officials, officers, employees, or agents are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by Carlsbad, its officials, officers, employees, agents, and/or volunteers in
connection with this MOU. To the maximum extent permitted by law, Carlsbad shall indemnify, defend and hold harmless Encinitas and its elected and appointed officials, officers, employees, agents and volunteers, at Carlsbad’s sole expense, from and against any and all claims,
demands, liabilities, debts, damages, suits, losses, actions and causes of action, of whatever kind, nature or sort, including, but not limited to, wrongful death, personal injury or damage to property, including payment of the costs of defense and attorneys’ fees in connection with any
such claim or action, arising from or in connection with the work performed in Carlsbad’s jurisdiction or the actual or alleged acts or omissions or willful misconduct of Carlsbad, its officials, officers, employees, agents and/or volunteers in connection with the performance of
this MOU.
VII.Modifications
This Agreement may not be modified, amended, or otherwise changed unless by an amendment, in writing, executed by the parties hereto.
VIII.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.
SIGNATURE PAGE FOLLOWS.
DocuSign Envelope ID: A2F7EAB1-4079-4631-9FDC-2D67005ACD0DDocuSign Envelope ID: 7CD96261-346E-45C3-A3E9-1E537F426F5A
Oct. 18, 2022 Item #4 Page 8 of 10
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IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the dates set forth below. This MOU shall be effective on the date of the last signature set forth below.
CITY OF ENCINITAS
Signature:
Name (please print): __Pamela Antil
Title: __City Manager
Date:
APPROVED AS TO FORM:
__________________________________ Tarquin Preziosi City Attorney
CITY OF CARLSBAD
Signature:
Name (please print): Scott Chadwick
Title: City Manager
Date:
APPROVED AS TO FORM: CELIA A. BREWER, City Attorney
BY: _____________________________ Assistant City Attorney
DocuSign Envelope ID: A2F7EAB1-4079-4631-9FDC-2D67005ACD0D
7/5/2022 | 5:35 PM PDT
7/7/2022 | 8:52 AM PDT
DocuSign Envelope ID: 7CD96261-346E-45C3-A3E9-1E537F426F5A
Oct. 18, 2022 Item #4 Page 9 of 10
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P r i v a t e R dP r i v a t e R dL o s P i n o s C i rL o s P i n o s C i rW i l d m e a d o w P lW i l d m e a d o w P lL a B r u s c a W a yL a B r u s c a W a yP r i m r o s e L nP r i m r o s e L nW i l l o w g r e e n C tW i l l o w g r e e n C tL o s P i n o s C i rL o s P i n o s C i r
CITY OF CARLSBAD
CITY OF ENCINITAS
MUNICIPAL
BOUNDARY
CITY OF ENCINITAS FY20-21
PAVEMENT REHABILITATION
PROJECT WITHIN CITY OF
CARLSBAD ROW
CITY OF ENCINITAS FY19-21
PAVEMENT REHABILITATION
PROJECT WITHIN CITY OF
CARLSBAD ROW
APPROX.
RECONSTRUCTED
CURB RAMP
RECONSTRUCTED
CURB RAMPRECONSTRUCTED
CURB RAMPRECONSTRUCTED
CURB RAMP
AREA IN GIS =
9,984 SQ FT
AREA IN GIS =
17,539 SQ FT
VARIES()Exhibit 2Oct. 18, 2022Item #4 Page 10 of 10