HomeMy WebLinkAboutEncinitas, City of; 2006-09-13;AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE CITY OF ENCINITAS
FOR THE CONSTRUCTION OF
OLIVENHAIN ROAD WITHIN THE CITIES
CARLSBAD AND ENCINITAS
THIS AGREEMENT, made and entered into as of the ' day
of XJtpZji^xJno^. 2006, by and between the CITY OF CARLSBAD, a
murficipal corporation, hereinafter referred to as "CARLSBAD", and the CITY OF
ENCINITAS, a municipal corporation, hereinafter referred to as "ENCINITAS".
RECITALS
WHEREAS, CARLSBAD and ENCINITAS share a common city limit
boundary;
WHEREAS, said city limit boundary crosses, runs along or otherwise
divides the established right-of-way of Olivenhain Road, shall be referred to
hereinafter as "ROAD";
WHEREAS, the ROAD is integral to the circulation element plans for
CARLSBAD, ENCINITAS, and the North County Region in general;
WHEREAS, traffic impacts from development along and adjacent to the
ROAD with the Cities of CARLSBAD and ENCINITAS will adversely impact the
proper functioning and level of service standards of the ROAD unless certain
major street infrastructure improvements are installed prior to or concurrent with
the needs created by said development;
WHEREAS, the Cities of CARLSBAD and ENCINITAS acknowledge the
importance of maintaining established minimum level of service standards on the
ROAD for the proper functioning of the local and regional circulation network; and
WHEREAS, the Cities of CARLSBAD and ENCINITAS desire to establish
mutually agreed upon responsibilities for the funding, design, construction and
maintenance of the major street improvements necessary to maintain the
established minimum level of service standards on Olivenhain Road.
NOW THEREFORE, in consideration of the above recitals, CARLSBAD
and ENCINITAS do hereby mutually and jointly agree to participate in the
funding, design, construction, and maintenance of said major street infrastructure
improvements to the ROAD as follows:
I. OLIVENHAIN ROAD IMPROVEMENTS
A. PROJECT DESCRIPTION
1. CARLSBAD improvements shall be those improvements to widen
Olivenhain Road including pavement widening, curb, gutter, sidewalk,
storm drains, signage, striping, streetlights, traffic signal, raised
landscaped median and parkway landscaping improvements within
CARLSBAD per CARLSBAD Drawing No. 399-1.
2. ENCINITAS improvements shall be those improvements to
Olivenhain Road and adjacent private property including grading,
pavement widening, curb, gutter, sidewalk, retaining walls, storm drains,
water services, appurtenances, signage, streetlights, striping and private
driveway improvements, within the City of Encinitas per CARLSBAD
Drawing No. 399-1.
3. The Improvement described in CARLSBAD Drawing No. 399-1
shall be referred to hereinafter as the "PROJECT."
B. CARLSBAD OBLIGATIONS:
1. Carlsbad shall obtain the necessary approvals for CARLSBAD
Drawing No. 399-1 and the associated contract documents and advertise
the related project for construction bids.
2. Carlsbad shall construct improvements per CARLSBAD Drawing
No. 399-1 and perform construction administration and inspection of the
same. Carlsbad shall authorize ENCINITAS to inspect Encinitas
improvements and to retain final approval authority of the same.
3. Carlsbad shall identify and itemize the Encinitas improvements in
the bid schedule of the PROJECT contract documents.
4. Carlsbad shall track and record charges for all costs to be paid for
by ENCINITAS pursuant to this Agreement.
5. Carlsbad shall receive from ENCINITAS' designated project
representative approval of all construction changes relating to Encinitas
improvements before implementation, except when CARLSBAD otherwise
deems it necessary to take action to ensure the safety of motorists and/or
pedestrians for the protection of property or the public in general.
6. Carlsbad shall designate a construction manager who shall
represent CARLSBAD as the single point of contact during all phases of
project construction.
7. Upon completion of PROJECT and all work incidental thereto,
CARLSBAD shall furnish ENCINITAS with a detailed statement of the total
actual cost of construction, project inspection, and soils testing, including
the cost of any contract claims or change orders. CARLSBAD thereafter
shall refund to ENCINITAS any amount of ENCINITAS' deposit
CARLSBAD is holding after actual costs borne by CARLSBAD have been
deducted or bill ENCINITAS for any additional amount required to
complete ENCINITAS' financial obligations pursuant to this Agreement.
C. ENCINITAS OBLIGATIONS:
1. Encinitas shall be responsible for the design and environmental
documentation of the ENCINITAS improvements.
2. Encinitas shall be responsible for obtaining right-of-way and
authority to construct within its jurisdiction.
3. Encinitas shall expeditiously review and approve any required
permits to construct within Encinitas.
4. Encinitas shall designate a single project representative authorized
to act on behalf of ENCINITAS regarding inspection, contract change
orders and overall project coordination. The project representative shall
respond expeditiously to all construction change inquiries so as to avoid
delaying the contractors work.
5. Encinitas shall submit a deposit to CARLSBAD in an amount equal
to contractors bid for the ENCINITAS improvements plus ten percent
(10%) for potential change orders and four percent (4%) overhead
allocation as described in paragraph D.3 within 30 calendar days after
Carlsbad receives and opens bids for the PROJECT. See Estimate of
ENCINITAS deposit attached as Exhibit "A."
6. Encinitas shall relinquish to CARLSBAD, rights in the maintenance
and operation of the construction zone within the boundaries of
ENCINITAS for the duration of construction and authorize CARLSBAD to
act as its authorized agent to direct contractor for traffic control and other
measures deemed necessary for construction and administration of the
PROJECT.
7. Encinitas shall pay CARLSBAD upon completion of all work and
within thirty (30) days of receipt of a detailed statement made upon final
accounting costs for any amount over and above the aforementioned
deposits and payments required to complete ENCINITAS' financial
obligation pursuant to this Agreement.
D. ENCINITAS and CARLSBAD mutually agree that:
1. CARLSBAD shall not advertise a construction contract that includes
bid items for the ENCINITAS improvements until it has received written
approval from ENCINITAS approving plans, specifications, and estimates
for the Encinitas Improvements.
2. CARLSBAD shall not award a Construction Contract that includes
the ENCINITAS improvements until ENCINITAS has submitted the deposit
as described in paragraph C.5 to CARLSBAD.
3. CARLSBAD shall be entitled to an overhead allocation of four
percent (4%) of the contractors bid for the ENCINITAS Improvements in
lieu of other reimbursements for CARLSBAD costs incurred for salary and
benefits for office staff of CARLSBAD engineering department, purchasing
department, finance department, field supervision above the level of
project inspector, and general legal and accounting fees.
4. CARLSBAD'S performance of CARLSBAD obligations as described,
in Section B herein is expressly agreed by ENCINITAS to be contingent
upon ENCINITAS' entry into and performance under this Agreement.
II. OWNERSHIP AND MAINTENANCE
A. ROAD IMPROVEMENTS
Upon completion of the PROJECT under this Agreement, ownership and
title to materials, equipment, and appurtenances that are installed within
CARLSBAD'S right-of-way will automatically be vested in and maintained
by CARLSBAD. Materials, equipment, and appurtenances that are
installed within ENCINITAS' right-of-way will automatically be vested in
and maintained by ENCINITAS.
III. LIABILITY AND INDEMNIFICATION
Pursuant to Section 895.4 of the Government Code, CARLSBAD and
ENCINITAS agree that each will assume the full liability imposed upon it
or any of its elected officials, officers, 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.
IV. NOTIFICATIONS
Unless otherwise specifically provided 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 United States mail, return
receipt requested, postage prepared and addressed as follows:
ENCINITAS: Director of Engineering Services
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024-3633
CARLSBAD: Director of Public Works
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92009
V. MODIFICATIONS
This Agreement may not be modified, amended, or otherwise changed
unless by an amendment, in writing, executed by the parties hereto.
VI. TERMINATION
This Agreement shall terminate after all the street and highway
improvements contemplated by this Agreement have been constructed,
after all payments required under this Agreement have been made, and
maintenance responsibilities for the respective street and highway
improvements have been assumed by the respective cities in accordance
with the terms of this Agreement.
VII. 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 hereby.
VIM. HEADINGS
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 there from.
IX. 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 together constitute one and the same instrument.
X. 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 or such other venue as provided by law.
31,
XI. 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.
IN WITNESS WHEREOF, this Agreement is executed by the CITY
OF CARLSBAD and by the CITY OF ENCINITAS pursuant to action taken
by the City Council.
CITY OF ENCINITAS, a municipal
corporation
Christy Guerin, Mayor
Date.
ATTEST:
Deborah Cervone
City Clerk
Approved as to form:
Glenn Sabine/
City
Cl
Claude A. Lewis, Mayor
Date:
ATTEST:
Lorraine Wood
City Clerk
Approved as to form
Ronald R. Ball
Exhibit A
Estimate of Distribution of Expenses - City of Encinitas
Project 3860 per Drawing 399-1
Item
1
2
3
4
5
6
7
B
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
';.' xtjp «
1
2
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Description
Reimbursable Construction Contract Bid Items
Construction Schedule
Construction Schedule (Weekly Upcoming Work Report)
Traffic Control
Temporary AC Pavement
Access to 1877 Ollvenhain Road / Alternative Access
Shoring & Bracing
Class "A" Field Office
Mobilization and Preparatory Work
Modify Traffic Signal at Olivenhain Road/Rancho Santa Fe Road
Traffic Signal at Ranch Santa Fe Road/Old Olivenhain Road
Street Lights (Encinitas)
Street Lights (Carlsbad)
Temporary Fence
Southern Willow Scrub Protection
Clearing and Grubbing
Unclassified Excavation
Unclassified Excavation (Sta 36+79.25 to 40+10.06)
Foundation Stabilization
Imported Borrow
Imported Borrow (Sta 36+79.25 to 40+10.06}
Prepare and Implement SWPPP
Crushed Aggregate Base
AC Pavement Transitions
Adjust Sewer Manhole
Adjust Handhole
Asphalt Concrete Pavement
Curb Inlet - Type A
Curb Inlet - Type B
Curb Inlet - Type B-1
Storm Drain Cleanout - Type A4
Curb Outlet - Type A
Wing Headwall
Rip Rap Energy Dissipator
Median Inlet - Type J
Pipe Collar
Retaining Wall No. 2 - Masonry
Retaining Wall No. 3 - Masonry
Retaining Wall No. 4 - Masonry
Sound Wall
6" Type "G" Curb & Gutter
Median Curb
Mod. Median Curb w/Gutter
4" P.C.C. Sidewalk
6" P.C.C. Driveway
Cross Gutter
Curb Ramp Type A
Curb Ramp Type B
Colored Textured Concrete
Retaining Wall No. 1 - Modular Concrete Retaining Wall
Concrete Barrier - Type 26A Modified
Pedestrian Protective Railing
Tubular Hand Railing
Chain Link Fence
18" RCP (2000-D)
24" RCP (2000-D)
30" RCP (2000-D)
36" RCP (2000-D)
12" PVC Water Pipeline & Appurtenances
Landscape & Irrigation
Landscape & Irrigation (Sta 36+79.25 to 40+10.06)
Traffic Striping and Pavement Marking (Sta 23+75 to 40+10.06)
Traffic Striping and Pavement Marking in Carlsbad
Traffic Signs in Calrsbad
Traffic Signs (Sta 23+75 to 40+10.06)
Inlet Filter Baskets
Pavement Markers in Carlsbad
Pavement Markers (Sta 23+75 to 40+10.06)
Rubberized Emulsion - Aggregate Slurry
Construction Contract Work Item Subtotal
10% Contingency
Rilmburtabl. Construction Contract Work
Reimbursable Incidental City Work
City Overhead Allocation at 4.0%
Construction Inspection and testing at 10%
RW^fwWtfl^WfnttlClty Worti Total"*.?"- „"* =*i«fH4*
FP5SBPJS*«fli; f-tv** " "-"-"**>. '^r^-Tottl Estimate
Project
Quantity
1
1
1
3,196
1
1
1
1
1
1
1
8
500
1
1
9,324
451
150
1.569
2,672
1
12,680
3,250
11
1
5,460
1
5
2
2
1
1
1
1
4
200
860
1,600
1,741
4,787
3,509
1,305
14,710
64
1,285
2,566
288
17,191
5,230
196
300
196
185
533
214
38
128
1
1
1
1
1
1
1
2
1
1
11,870
^^n^ff
1
1
-*S&ftTP»-
Unit
Lump Sum
Lump Sum
Lump Sum
Square Yard
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Each
Each
LF.
Lump Sum
Lump Sum
Cubic Yard
Cubic Yard
Cubic Yard
Cubic Yard
Cubic Yard
Lump Sum
Ton
Square Foot
Each
Each
Ton
Each
Each
Each
Each
Each
Each
Each
Each
Each
Square Foot
Square Foot
Square Foot
Square Foot
L.F.
L.F.
L.F.
Square Foot
Cubic Yard
Square Foot
Square Foot
Square Fool
Square Foot
Square Foot
L.F.
LF.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Each
Lump Sum
Lump Sum
Square Yard
BW*J-5*
LS
LS
"fTFF
Estimated Unit
Price
$20,000.00
$5,000.00
$80,000.00
$15.25
$2,000.00
$50,000.00
$20,000.00
$145,000.00
$150,000.00
$150,000.00
$4,000.00
$4,000.00
$10.00
$5,000.00
$27,000.00
$17.25
$17.25
$60.00
$32.25
$32.25
$17,000.00
$26.00
$90.00
$500.00
$500.00
$80.00
$5,000.00
$5,000.00
$5,500.00
$5,800.00
$2,000.00
$3,500.00
$4,000.00
$5,000.00
$1,000.00
$36.40
$41.00
$36.40
$22.00
$20.00
$18.00
$22.50
$5.00
$400.00
$8.50
$5.00
$5.00
$6.00
$45.00
$67.00
$135.00
$135.00
$20.00
$110.00
$120.00
$130.00
$140.00
$50,000.00
$65,000.00
$13,000.00
$4,000.00
$9,000.00
$8,000.00
$6,000.00
$1,000.00
$4,000.00
$6,000.00
$2.50
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Quantity funded by
Encinitas
0.22
0.22
0.22
771
1
0.22
0.22
0.22
0
0
1
0
0
0
0.22
0
451
0
0
2762
0.22
1440
0
0
0
560
0
2
0
2
0
1
1
0
3
200
0
0
1741
837
69
45
1970
64
165
238
0
631
5230
0
0
0
185
16
214
38
128
0
0
1
1
0
0
1
2
0
1
1420
- " ^sfitf^ **
ii^fSlSii5Ss8?-
Quantity Funded
by Encinitas
$4,380
$1,095
$17,521
$11,758
$2,000
$10,951
$4,380
$31,758
$0
$0
$4,000
$0
$0
$0
$5,913
$0
$7,780
$0
$0
$89,075
$3,723
$37,440
$0
$0
$0
$44,800
$0
$10,000
$0
$11,600
$0
$3,500
$4,000
$0
$3,000
$7,280
$0
$0
$38,302
$16,740
$1,242
$1,013
$9,850
$25.600
$1,403
$1,190
$0
$3,786
$235,350
$0
$0
$0
$3,700
$1,760
$25,680
$4,940
$17,920
$0
$0
$13,000
$4,000
$0
$0
$6.000
$2,000
$0
$6,000
$3,550
$738,979
$73,898
J"V--*8J2.«f7
$32,515
$81,288
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