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HomeMy WebLinkAbout1980-05-06; City Council; Resolution 61731 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 RESOLUT A RESOLUTION OF THE CITY CALIFORNIA, APPROVING AN ON NO. 6173 COUNCIL OF THE CITY OF CARLSBAD, AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DlEGO FOR THE CONSTRUCTION AND MAINTENANCE OF A TRAFFIC SIGNAL AT EL CAMINO REAL AND PALOMAR A 1 RPORT ROAD The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and the County of San Diego for construction and maintenance of a traffic signal at El Camino Real and Palomar Airport Road, a copy of which is attached hereto, marked as Exhibit ')Aft, and i ncorporated herein by reference, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 6th day of May , 1980, by the follow- ing vote, to wit: AYES: NOES: None ABSENT: None Councilmen Packard, Anear, Lewis, Councilwomen Casler and Kulchin ATTEST : (SEAL) AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY EXH I B IT "A" OF SAN DIEGO FOR,THE CONSTRUCTION AND MAINTENANCE F OF A TRAFFIC SIGNAL t : AT EL CAMINO REAL AND PALOMAR AIRPORT ROAD THIS AGREEMENT, executed this day of , 1980 by and between the City of Carlsbad, a municipal corporation hereinafter called the t'City" and the County of San Diego, a political subdivision of the State of California herein- * after called the ttCounty", \ WITNESSETH WHEREAS, the intersection of El Camino Real and Palomar Airport Road and the immediate approaches to this intersection are completely within the City's jurisdictional boundaries due to an annexation which occurred in December 1978, and 'WHEREAS, prior to this annexation the County had intended to partici- pate with the City in the financing and construction of a traffic signal system at the intersection of El Camino Real and Palomar Airport Road; and _. WHEREAS, it is still the County's intent to assist the City in the financing and construction of a traffic signal system at this intersection; and WHEREAS, the City and County desire to enter +into an agreement for the construction and maintenance of a traffic signal system at this intersection; . NOW THEREFORE, IT IS MUTUALLY AGREED by and between the City and County as follows: 1. The County shall prepare plans and specifications for construction of a traffic signal system at the intersection of El Camino Real and 'I , . .. , *’ . ‘i * . ., G -2- Palomar Airport Road. and specifications for the traffic signal system have been approved by the No construction shall begin, however, until the plans duly authorized representative of the City and by the Director of Trans- portation on behalf of the County. . a contract for the construction of said traffic signal system in accordance The County shall advertise and award with applicable competitive bidding laws. 2. The City, prior to commencement of construction of the above traffic signal system, shall furnish the necessary excavation permits required for the work to be performed in the street under the City’s jurisdiction. The City shall expedite and issue the necessary excavation permits without charge to the County. Environmental clearances sAall he olstqined by the County, 3.. County shall provide and pay for all engineering, design, service and inspection to be performed prior to and during the construction of said project, and County will pay all construction costs of project; provided however, that City shall reimburse County as specified in paragraph 4 of this agreement. 4. City and County agree to the following method of cost sharing for the preliminary engineering, design, construction, construction inspection and other services necessary for the installation of this traffic signal system : A. The cost to install this signal system to include necessary safety lighting is currently estimated at $100,000. 3 B. Developer contributions received by City and County for this signal system shall be deducted from the signalbs actual cost and the remaining amount shall be borne by the City and County on a 50-50 basis, Current developer deposits are estkmated at $25,000 by the County. . _. LS 1- .. ,I -3 - C. Costs for additional road work beyond that needed for the "signal installation shall be borne entirely by the City. This road work; one lane, and taper (2500')'on the east leg of Palomar Airport Road, is currently estimated at $47,000. 5. After bids for the project have been received by the County, the County shall notify the City of the lowest responsible bid and shall obtain the City's approval prior to the award of any contract for the Project . \ 6, After Bid opening , City shall, upon receipt of an invoice from the County, deposit with Cotmty within thirty (30) days, funds currently estimated at $84,500, to cover the City's share of the project's costs. The specific amount of deposit shall cover the City's estimated 50% share 0:: the signal installation's cost, as identified fn paragraph 4, B and 100% of the additional road work as identified in paragraph 4, C, The City reserves the right to reject such additional work at the time of receipt of bids under 4C. 7. After all construction costs are known and distributed, excess funds, Pf any, remaining from the City*s deposit, shall be returned to the City. 8. The City's share of costs shall not exceed the CityTs deposit amount without written approval of the City. 9, The City hereby agrees to maintain, operate, and repair the entire installation including the traffic signals, lighting systems, and to pay the cost of power therefor. 10. (a] City, its agents, officers and employees, shall not be held .liable for any claims, liabilities, penalties, fines, or for damage to any goods, properties or effects or any person whatsoever, not for personal I. .- AI c. -4 - .* injuries to, or death of them, caused by or resulting from any negligent acts or omissions of County, or its agents, employees, or representatives, includ- ing liability by reason of acts or omissions caused by County, its agents, employees, or representatives. (b) County further agrees to indemnify, and save free and harnless, .City and its authorized agents, officers and employees against negligent acts or omission caused by County, its agents or employees, and any cost and 3 expenses incurred by the respective parties on account of any claim therefor, and City agrees to fndemnify and save free and harmless County and its authorized representatives and employees against negligent acts or omissions caused by City, its agents or employees, and any cost and expenses incurred by the respective parties on account of any claim therefor, (c] It 2s-contemplated by the parties that this indemnity agreement is not limited in any way be the extent of any policy of insurance currently in force and held by either party, 11. Obligations of County under terms of this agreement are contingent upon allocation and availability of funds in the FY 79-80 and/or subsequent FY 80-81 County Department of Transportation budget as approved by the County Board of Supervisors 12. This agreement may not be mod2fied, amended or otherwise changed unless by an amendment in'writing executed by the parties hereto. 13. This agreement shall be terminated after completion of construction of the traffic signal system and payment of all amounts due under terms of this agreement. e .. .\ (.e -5- *’ IN WITNESS WHEREOF this agreement is executed by the Cvunty pf San Diego pursuant to action taken by the Board of Supervisors and by the City of Carlsbad pursuant to action taken by its City Council, RECOMMENDED : CITY OF CARLSBAD etment of- Transportation _- COUNTY OF Sky DIEGO BY 1