HomeMy WebLinkAboutEncinitas, City of; 2022-10-24;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-2D67005ACD0DDocuSign Envelope ID: 7CD96261-346E-45C3-A3E9-1E537F426F5A
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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
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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
DocuSign Envelope ID: 7CD96261-346E-45C3-A3E9-1 E537F426F5A
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 Anti!
Title: City Manager
Date: 7/7/2022 J 8:52 AM PDT
APPROVED AS TO FORM:
DocuSlgned by:
CITY OF CARLSBAD
Signature:
Name (please print):
Title: City Manager
Date:
APPROVED AS TO FORM: CELIA A. BREWER, City Attorney
BY: �--�----------Assistant City Attorney
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