HomeMy WebLinkAbout2003-12-02; City Council; Resolution 2003-3051
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
RESOLUTION NO. 2003-305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE CITY OF
SANMARCOS FOR THE CONSTRUCTION OF A PORTION OF
RANCHO SANTA FE ROAD AND ADJUSTMENT TO THE COMMON
CITY BOUNDARY.
WHEREAS, the City of San Marcos (“San Marcos”) is constructing the realignment and
Nidening of Rancho Santa Fe Road from Melrose Drive northerly into San Marcos to join the
iortion of Rancho Santa Fe Road currently widened to four lanes with improved median; and
WHEREAS, the City of Carlsbad (“Carlsbad”) is preparing to construct the Rancho Santa
-e Road North, Phase 2 project; and
WHEREAS, the construction of these two road projects is important to the traffic flow
Nithin San Marcos and Carlsbad; and
WHEREAS, staff from San Marcos and Carlsbad have met numerous times over the past
several years to coordinate the design and construction details of the two road projects; and
WHEREAS, it was found necessary for San Marcos to not construct the median
mprovements from Meadowlark Ranch Road to Melrose Drive to allow construction phasing
:raffic for the Carlsbad Phase 2 project; and
WHEREAS, Carlsbad will construct the median improvements for San Marcos from
Meadowlark Ranch Road to Melrose Drive; and
WHEREAS, San Marcos will construct portions of roadway within the City of Carlsbad; and
WHEREAS, an analysis of the construction cost for the portion of roadway San Marcos will
:onstruct in Carlsbad and the median work Carlsbad will construct in San Marcos results in
Sarlsbad paying San Marcos the sum of $184,000; and
WHEREAS, there is a need to adjust the common city boundary between Carlsbad and
San Marcos along a portion of the new alignment of Rancho Santa Fe Road; and
WHEREAS, there is a need to establish mutual agreement on ownership and
naintenance responsibility for the newly constructed improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Zalifornia, as follows:
1. That the above recitations are true and correct.
‘11
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
2E
27
2e
2. That in the best interest of cooperation between Carlsbad and San Marcos,
he City Council of the City of Carlsbad hereby authorizes the Mayor to execute the
igreement between the City of Carlsbad and the City of San Marcos for the construction
if a portion of Rancho Santa Fe Road and adjustment to the common city boundary.
3. That in the attached agreement Carlsbad and San Marcos mutually agree
o pursue jurisdictional boundary adjustments through the San Diego County Local
4gency Formation Commission (LAFCO) upon completion of the above-described
.oadway improvements. The precise location of the boundary adjustment will be
letermined by staff from both cities and mutually agreed upon by the City Council of both
:ities.
4. That the Finance Director is directed to issue a check payable to the City of
;an Marcos in the amount of $184,000 from the CFD #2 Fund consistent with the terms of
he above-described agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
, 2003, by the following :arkbad City Council held on the a, day of December
iote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and
Packan
NOES: None
ATTEST:
,/?
(SEAL)
7
AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND THE CITY OF SAN MARCOS
FOR THE CONSTRUCTION OF A PORTION OF
RANCHO SANTA FE ROAD AND
ADJUSTMENT TO THE COMMON CITY BOUNDARY
THIS AGREEMENT, executed the 13' day of LJrcfm bfR 2003, is by and
between the CITY OF CARLSBAD, a municipal corporation, ("Carlsbad"), and the CITY OF
SAN MARCOS, a municipal corporation, ("San Marcos") (collectively the "Parties").
I. RECITALS
WHEREAS, the Parties desire to cooperate in the design and construction of the
Rancho Santa Fe Road widening and realignment projects (the "Project") within the jurisdiction
of both Cities; and
WHEREAS, Rancho Santa Fe Road, Melrose Drive, Melrose Drive East and Sparrow
Way (the "Roads") are integral to the Circulation Element Plans for Carlsbad, San Marcos and
the North County Region in general; and
WHEREAS, traffic impacts from development along and adjacent to the Roads within
Carlsbad and San Marcos will adversely impact the proper functioning and level of service of
the Roads unless certain major street infrastructure improvements are installed prior to or
concurrent with the needs created by said development; and
WHEREAS, the Parties acknowledge the importance of maintaining established
minimum level of service standards on the Roads for the proper functioning of the local and
regional circulation network; and
WHEREAS, the Parties desire to establish mutuatly agreed upon responsibilities for the
funding, design, construction and maintenance of the Roads necessary to maintain the
established minimum level of service standards on the Roads; and
WHEREAS, the Parties acknowledge that after construction of the Project there will
exist a need to adjust the common boundary between the two Cities.
NOW THEREFORE, in consideration of the above recitals, the Parties do hereby
mutually and jointly agree to participate in the funding, design, construction and maintenance of
the Project and to support the City boundary adjustment as follows:
10/07/03
I. SAN MARCOS RANCHO SANTA FE ROAD PROJECT
A. PROJECT DESCRIPTION
1. The City of San Marcos Rancho Santa Fe Road Project ("San Marcos
Road Project") referenced in this section is shown on Exhibit "Av attached
hereto and incorporated herein by reference and is more particularly
described as follows:
a. The widening and improvement of Rancho Santa Fe Road (RSF)
from the future alignment of the Melrose Drive intersection
northerly to Island Drive to four-lane major arterial standards
including two through lanes in each direction, bike lanes, raised
landscaped median, curbs, gutters, sidewalks, traffic signals,
storm drain, water, sewer, dry utility undergrounding, streetlights
and a eight foot sound wall along the west side of the right-of-way
southerly of Meadowlark Ranch Road.
The construction of a new intersection of RSF with Melrose Drive
at the northwesterly corner of the existing La Costa Meadows
Industrial Park. The intersection is to be designed with a new
traffic signal system to current City of San Marcos standards for
three through lanes for RSF in each direction, two left turn lanes
from northbound RSF to westbound Melrose Drive, two left turn
lanes from eastbound Melrose Drive to northbound Rancho Santa
Fe Road, two right turn lanes from southbound RSF to westbound
Melrose Drive, and two right turn lanes from eastbound Melrose
Drive to southbound RSF.
b.
C. The construction of Melrose Drive East from the new
RSF/Melrose Drive intersection easterly to Sparrow Way.
The construction of Sparrow Way from La Costa Meadows Drive
to Melrose Drive East.
The closing of the most northerly driveway access from the La
Costa Meadows Industrial Park and the construction of a new
access point from Melrose Drive East approximately 600 feet east
of RSF.
d.
e.
10/07/03
f. All environmental mitigation measures and permits, utility and
drainage improvements necessary to construct the aforementioned
improvements.
6. SAN MARCOS AGREES:
1. To act as the lead agency for the preparation of plans and
specifications for the San Marcos Road Project, described in
Section I .A. above, prior to construction, bidding the project,
construction administration and inspection, and construction of the
project, act as lead agency for the purposes of CEQA, as well as
act as the lead agency to ensure completion of the project
pursuant to the approved plans and specifications.
To make the following revisions to the San Marcos Road Project:
a. Delete all median improvements, except sleeves for
irrigation lines and controller wires, in the section of
Rancho Santa Fe Road between Melrose Drive and
Meadowlark Ranch Road.
Construct AC pavement and Class II base material in lieu
of the median improvements referenced in Section I.B.2.a.
above.
C. Not construct the top 1.5-inch lift of Asphalt Concrete
paving on the section of Rancho Santa Fe Road between
Melrose Drive and Meadowlark Ranch Road.
Delete the 24-inch Recycled Water Main, Bid Item No.
118, from the project.
2.
b.
d.
3. To provide Carlsbad the opportunity to review the plans and
specifications on an ongoing basis as they may pertain to
Carlsbad.
To construct and complete the improvements to the RSF/Melrose
Drive intersection Melrose Drive East and Sparrow Way prior to
completing the remainder of the San Marcos Project.
To pay any and all construction claims directly relating to the
inability of the contractor for the Carlsbad Rancho Santa Fe Road,
4.
5.
(3) 10/07/03
Phase 2 Project ("Carlsbad Road Project"), described in Section I1
of this Agreement, to pursue his work should the improvements to
the RSF/Melrose Drive intersection, Melrose Drive East and
Sparrow Way not be completed and ready for traffic by the date
that is eight months after the date that construction begins on the
Carlsbad Road Project.
Upon completion of the San Marcos Road Project to operate and
maintain the traffic signal at the RSF/Melrose Drive intersection.
Except for the sole negligent and willful misconduct of Carlsbad,
to bear all responsibility pursuant to Section VI1 of this Agreement
for any liability arising out of the activities described in this Section
I.
6.
7.
8. To accept payment from Carlsbad in the amount of $184,000 as full
and final payment for all work constructed within the existing Carlsbad
corporate boundary as detailed on Exhibit "B" attached hereto and
incorporated herein by reference. The amount of $1 84,000 includes
the cost of work performed by San Marcos within the City of Carlsbad
current city limits, plus the cost to place asphalt paving and base
material in the median area, in lieu of median improvements, in the
section of Rancho Santa Fe Road from Melrose Drive to Meadowlark
Ranch Road, minus the cost of the median improvements in this
same section of road.
C. CARLSBAD AGREES:
1. To review and approve the plans and specifications as they relate to
Carlsbad.
2. To pay San Marcos, within 60 days of the execution of this agreement
by the Parties, the sum of $184,000 as full and final payment for the
cost of construction of the portion of the RSF/Melrose Drive
intersection improvements constructed within the existing Carlsbad
corporate boundary as itemized on Exhibit "B".
3. To assist San Marcos in obtaining any permits needed from Carlsbad.
4. To construct, as part of the Carlsbad Road Project, the median curbs,
median hardscape, landscape and irrigation, top asphalt pavement lift
(4) 10/07/03
of I.Fj-inches, and final pavement striping in the portion of the San
Marcos Road Project from Melrose Drive to Meadowlark Ranch Road
to conform to the design shown on the approved plans for the San
Marcos Road Project.
II. CARLSBAD RANCHO SANTA FE ROAD PROJECT
A. PROJECT DESCRIPTION
1. The Carlsbad Road Project referenced in this section is shown on Exhibit
"C" attached hereto and incorporated herein by reference and is more
particularly described as follows:
a. Realignment and widening of Rancho Santa Fe Road (RSF) from
La Costa Avenue northerly to Melrose Drive with construction
including full width grading, prime arterial road improvements of
three through lanes with bike lanes, median curbs, outside curb
and gutter, sidewalk, drainage facilities and new bridges over San
Marcos Creek. The project will also entail construction of sewer,
potable water and recycled water mains in association with
Carlsbad Municipal Water District, Olivenhain Municipal Water
District, Vallecitos Water District and Villages of La Costa.
Realignment of Melrose Drive to connect to the new RSFlMelrose
Drive intersection. Melrose Drive will be constructed to full City of
Carlsbad prime arterial standards. Immediately south of the
Corintia Street intersection, eastbound Melrose Drive will consist
of two through lanes and two right turn lanes. There will also
be two left turn lanes for eastbound Melrose Drive to
northbound RSF.
Realign Corintia Street to tie into the realigned Melrose Drive.
Corintia Street will be designed and constructed to 60-foot
right-of-way collector street standards.
To construct the median curbs, median hardscape, landscape and
irrigation, top asphalt pavement lift of 1 .5-inches, and final
pavement striping in the portion of the San Marcos Road Project
from Melrose Drive to Meadowlark Ranch Road to conform to the
b.
c.
d.
10/07/03
design shown on the approved plans for the San Marcos Road
Project.
B. CARLSBAD AGREES:
1. To act as the lead agency for the preparation of plans and specifications
for the Carlsbad Road Project prior to construction, bidding the project,
construction administration and inspection, and construction of the
project, act as lead agency for the purposes of CEQA, as well as act as
the lead agency to ensure completion of the project per the approved
plans and specifications.
2. To provide San Marcos the opportunity to review the plans and
specifications on an ongoing basis as they may pertain to San Marcos.
To construct and complete the improvements to Melrose Drive and
Corintia Street as a project priority for the Phase 2 portion of the
Carlsbad Road Project.
To construct, and open to traffic, the realignment of Melrose Drive and
Cortinia Street prior to detouring traffic to Sparrow Way and Melrose
Drive East due to the temporary closing of La Costa Meadows Drive.
3.
4.
5. To construct the median curbs, median hardscape, landscape and
irrigation, top asphalt pavement lift of 1.5-inches, and final pavement
striping in the portion of the San Marcos Road Project from Melrose Drive
to Meadowlark Ranch Road to conform to the design shown on the
approved plans for the San Marcos Road Project.
Except for the sole negligent and willful misconduct of San Marcos, to
bear all responsibility pursuant to Section VI1 of this Agreement for any
liability arising out of the activities described in this Section II.
6.
C. SAN MARCOS AGREES:
1. To review and approve the plans and specification as they relate to
San Marcos.
To assist Carlsbad in obtaining any permits needed from San Marcos. 2.
10/07/03
Ill. BOUNDARY ADJUSTMENTS
Carlsbad and San Marcos mutually agree to pursue jurisdictional boundary adjustments
through the San Diego County Local Agency Formation Commission (LAFCO) upon
completion of roadway improvements. The generally proposed boundary modification is
as shown on Exhibit "D" attached hereto and incorporated herein by reference.
The precise location of the boundary adjustment will be determined by staff from both
Cities and mutually agreed upon by the City Council of both Cities. Plats and legal
descriptions shall be drafted by Carlsbad with the cost of this work to be shared equally
by both Cities. San Marcos will be responsible for processing the boundary adjustment
with LAFCO. Carlsbad will provide assistance as needed by San Marcos.
IV. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Being that several storm drain systems for both City projects have origins within
San Marcos and points of discharge within Carlsbad, the Parties agree that each City
will be responsible for the control of pollutants originating within their respective
jurisdictional boundaries. Carlsbad will report any measured pollutants at the discharge
points of these storm drain systems to San Marcos as soon as the pollutants are
detected. Once notified of pollutants in the storm drain system, San Marcos agrees to
trace any detected pollutant to the point of origin and, to the degree allowed by law,
rectify the problem to eliminate the pollutant source. Within 30 days of being notified of
pollutants in the storm drain system, San Marcos will report to Carlsbad on the steps
taken to eliminate the pollutants, or on the progress of the pollutant elimination process.
San Marcos will continue to provide reports to Carlsbad on a monthly basis until the
source of the pollution is eliminated. Upon elimination of the pollutant, San Marcos will
notify Carlsbad of the steps taken in the elimination process.
V. REGIONAL FUNDING
The Parties agree to actively pursue Federal, State & regional funds to assist in the
construction of the Carlsbad Project.
VI. OWNERSHIP AND MAINTENANCE
A. ROAD IMPROVEMENTS
Upon completion of all work under Sections I and II of this Agreement, ownership
and title to materials, equipment, and appurtenance which are installed within
10/07/03 (7)
Carlsbad's current right-of-way will automatically be vested and maintained by
Carlsbad, with the exception of the traffic signals at the intersection of
RSF/MeIrose Drive. Materials, equipment, and appurtenances, which are
installed within San Marcos' current right-of-way, will automatically be vested and
maintained by San Marcos.
Upon LAFCO's approval of any jurisdictional boundary adjustment between
Carlsbad and San Marcos, the road improvements affected by the boundary
adjustment shall automatically become vested in the ownership of, and
maintained by, the respective City having jurisdiction over the improvement.
No further agreement will be necessary to transfer ownership as hereinabove
stated.
6. TRAFFIC SIGNAL IMPROVEMENTS
Traffic signal improvements at the intersection of RSF/Melrose Drive shall be
owned, maintained and administered by San Marcos. The cost to maintain the
traffic signal at the intersection of RSF/Melrose Drive shall be shared equally by
both Cities. San Marcos will annually provide Carlsbad with a request for
reimbursement of maintenance expenses. The request for reimbursement shall
be accompanied by an itemized breakdown of the expenses associated with the
maintenance of the traffic signal.
Carlsbad and San Marcos may alternatively enter into a separate traffic signal
maintenance agreement based on any mutually agreed upon terms.
VII. LIABILITY AND INDEMNIFICATION
Pursuant to Section 895.4 of the Government Code, Carlsbad and San Marcos agree
that each will assume the full liability imposed upon it or any of its officers, agents, or
employees for injury by a negligent or wrongful act or omission occurring in the
performance of this Agreement, and each party agrees to indemnify and hold harmless
the other party for any loss, or expense that may be imposed upon such other party by
virtue of Section 895.4 and 895.6 of the Government Code.
The indemnity provisions are not limited in any way by the extent of any policy of
insurance currently in force and held by either party. All construction contracts for any
project which spans the jurisdictional boundary between Carlsbad and San Marcos shall
include indemnity provisions and insurance provisions, whereby the contractor
(8) 10/07/03
indemnifies both Carlsbad and San Marcos and adds both Cities as additional insured
on its insurance Policy.
VI I I. NOT1 F I CAT1 ONS
Unless otherwise specifically provided for 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 the United States mail, return receipt requested, postage prepaid and
addressed as follows:
If to Carlsbad: City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
If to San Marcos: City Engineer
City of San Marcos
1 Civic Center Drive
San Marcos, CA 92069-2918
IX. MODIFICATIONS
This Agreement may not be modified, amended, or otherwise changed unless by an
amendment, in writing, executed by the parties hereto.
X. 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
constitute one and the same instrument.
XI. 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.
XII. 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 thereby.
(9) 10/07/03
XIII.
XIV.
HEAD1 NGS
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 therefrom.
COMPLETION 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 CIN OF CARLSBAD and
by the CITY OF SAN MARCOS pursuant to action taken by their respective City Councils.
CITY OFH MARCOS, a municipal
R. N. Q%a
Gittings,,bb Managed
APPROVED AS TO FORM:
By: &&
&elen Holm& Peak, City Attorney
APPROVED AS TO FORM:
By:
10/07/03
LOCATION MA?
PROJECT NAME:
$AN MARCOS RANCHO SANTA FE ROAD PROJECT
SITE
PROJECT EXHIBIT NUMBER 3190 A
TOTAL CONSTRUCTION WllN CARLSBAD
11. COST FOR PAVING MEDIAN AREA - YELROSE TO MEADOWLARK RANCH RD. I I 1 I BID UNIT I I I
ITEMNO. 1 DESCRIPTION QTY. UNIT COST COST
1 - 13.5 Asphalt Concrete Pavement 288 TON $44.08 5 12,695.04 2 18" Class 2 Aggregate Base 641 TON $12.84 $ 8,230.44
TOTAL COST FOR PAVING MEDIAN (in-lieu of median) $ 20,925.48 $ 20,925.48
I 1 I
111. CONSTRUCTION BY CARLSBAD - MELROSE DRIVE TO MEADOWLARK RANCH ROAD
BID UNIT I I
- ITEM&- DESCRIPTION SUBTOTAL: UNIT COST COST 1 I
Remote Control Valves (314") 1
Remote Control Valves (1-W") 1
- 1 1
EA 5 81.32 $- 81.32 EA $ 176.55 $ 176.55 I
EA $ 104.86 5 104.86 I
FA S 936 S 936 1 . . .. . . . - . _. . - -
5 Gate Valves -~ 6 Flush Valves . ~~
8 2" Sleeves
7 2-112" Sleeves -
~- 9 __ 1-112" Sleeves
10 314" Lateral
11 TreeDrip Emitters __ __- __
~. 4" Stamped Concrete --
-. ~ __-_ Subtotal Landscape Construction j
. -. - - 1 EA $ 69.55 $ 69.55
3EA5 9.36 5 28.08
35 LF $ 3.17 $ 110.95 -
35 LF , $ 2.95 $ 103.25 - . ___ 140.-Lf j $ 2.78 $ 389.20
1,000 LF I $ 1.13 $ 1,130.00
47 EA I $ 41.69 $ 1,959.43 ______-__--_._____
___. Street Improvements
.- ~ 1 16" Type"B-1" Median Curb I 16051 LF i f 696 $ 11,16906
2 ___ 16" Mount Curb 1701 LF 1 f 803 S 1,36454 ______ --______ subtotal street improveme<tifp $ a3360 ~
$ 109,49025 f 109,490.25
f 104,321.48
S 184,000.00
TOTAL CONSTRUCTION BY CARLSBAD
TOTAL COST TO CARLSBAD (I + II - Ill)
TOTAL COST FOR CARLSBAD CASH OUT
I
LOCATION MAT
'ROJlECT NAME:
lARLSBAD RANCHO SANTA FE ROAD PROJECT
cm OF
CITY OF ENGIN
EXHIBIT PROJECT NUMBER
T SITE
NOT TO t SalE
EXHIBIT PROJECT NAME: PROJECT PROPOSED CITY BOUNDARY ADJUSTMENT NUMBER D - 3907 -