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HomeMy WebLinkAbout1981-03-17; City Council; Resolution 64711 2 3 4 5 6 7 e 9 LC 11 12 12 14 If l€ 17 LE 15 2c 21 2; 21 24 2: 2t 2'; 2E RESOLUTION NO 6417'1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- MENT BETWEEN THE CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF CARLSBAD TO PROVIDE MEDIAN IMPROVEMENTS AT EL CAMINO REAL AND HAYMAR DRIVE The City Council of the City of Carlsbad, California, does hereby resolve as fol lows : 1. That certain agreement between the City of Carlsbad and State Department of Transportation to provide median improvements at El Camino Real and Haymar Drive, attached hereto as Attachment "A" and incorporated by reference, is hereby approved. 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. 2. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council , 1981, by the of the City of Carlsbad held the17thday of fo lowing vote, to wit: March AYES: Council Members Packard, Casler, hear and Kulchin NOES: None ABSENT: Council Member Lewis RONALD C. PACKARD, Mayor ATTEST: ( s EAL) . 11-SI3 78 1.5 . AGREEMENT NO. 11-4149 EL CAMINO REAL MEDIAN ISLAND THIS AGREEMENT, ENTERED INTO ON , 1980, IS BETWEEN AND 1. STATE completed a contract the El Camino Real Interchange CITY OF CARLSBAD, a body politic and a municipal corporation of the State of California referred to herein as lTCITYrr 'STATE OF CALIFORNIA, acting by and through its Department of Transportation referred to herein as "STATE1' RECITALS for the widening of bridges and revision of ramps at with State Highway Route 78 on January 23, 1980. 2. CITY and STATE do mutually desire to cooperate and jointly participate in improvements to the interior of the median island on El Camino Real, hereinafter referred to as "PROJECT", and desire to specify herein the terms and conditions under which said improvements shall be constructed, financed and maintained. SECTION I CITY AGREES 1. To provide the PROJECT, Agreement, and plans and specifications and all construction engineering services for as to . shown on EXHIBIT "Arr, attached to and made a part of this bear the &tire expense thereof. .! \. I , 0 2 2. To determine the requirements of the National Environmental Policy Act and the California Environmental Quality Act, whichever is applicable, and to prepare any reports which are determined to be necessary in order to be in compliance therewith. CITY shall process and distribute said reports in accordance with provisions of the appropriate Act, and .to transmit a copy of the approved environmental document to STATE. 3. To identify and locate all underground facilities'within the project area and protect or otherwise provide for such facilities, all in accordance with STATE'S "Policy on High and Low Risk Underground Facilities Within Highway Rights of Ways". Costs of locating, identifying, protecting or otherwise providing for such high and low risk facilities shall be borne by CITY. CITY hereby acknowledges the.receipt of STATE'S . "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way" and agrees to construct the PROJECT in accordance with such Policy. 4. to the satisfaction of and subject to the approval of STATE. To construct the PROJECT in accordance with plans and specifications of CITY, 5. costs specifically stated in Section II to be borne by STATE. 6. To apply for necessary encroachment permits for work within State Highway right of way, in accordance with STATE'S standard permit procedures, To bear the construction costs required to complete the. work except for those . 7. To retain or cause to be retained for audit for STATE or other government audits for a period of three (3) years from date of final payment all. records and accounts relating to construction of the improvements. 8. . To maintain the median facility as installed and to bear the entire expense thereof. -. 3 SECTION II STATE AGREES: 1. To deposit with CITY prior to award of a construction contract for PROJECT the amount of $5,000, which figure represents STATE'S estimated share of the construction costs required to complete PROJECT. 2. To pay as STATE'S share of the construction cost of PROJECT a lump sum of $5,000; CITY will bear 100% of all construction costs in excess of $5,000. construction cost is estimated to be $9,600. The total 3. To issue an encroachment permit subsequent to review and approval of plans and specifications prepared by CITY covering work within STATE Highway right of way. SECTION TII IT IS MUTUALLY AGREED AS FOLLOWS: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. That CITY shall not award a contract for the work until after receipt of STATE'S deposit required in Section II(1). 3. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction not delegated to STATE under, this Agreement. It is also agreed that, pursuant to Government Code Section 895.4 CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be &ne by CITY under or in connection with any work, authority or jurisdiction not delegated to STATE under this Agreement. 4 4. Neither CITY nor any officer or employee thereof, is responsible for any damage 'or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of . anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this Agreement. 5, Should any portion of the PROJECT be financed with Federal funds or State gas tax funds all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. . 6, If upon opening of bids, it is found the amount deposited by STATE is in excess of the work on the basis of bid prices plus contingency items, the balance remaining shall be promptly refunded by CITY to STATE. If the excess is less than one thousand dollars ($1,000), no refund will be made until final accounting. 7. altered, changed, or amended by mutual consent of the parties hereto. That this Agreement may be terminated and provisions contained herein may be 8. Upon completion of all work under this Agreement, ownership and title to all materials and appurtenances which are installed within STATE right of way will automatically be vested in the STATE, and materials and appurtenances installed outside of STATE'S right of way will automatically be vested in the CITY, and no further Agreement will be necessary I to transfer ownership as hereinafter stated. 9. If existing public and private utilities conflict with the construction of PROJECT, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. . CITY will inspect the protection, relocation or removril of such utilities. If there are costs of such protection, relocation or removal which STATE and/or CITY must legally pay, CITY will bear the entire cost of said protection, relocation or removal. '. ,' )' I ? ,- I* I 5 10. STATE'S obligation under this agreement shall terminate upon completion and acceptance of PROJECT by STATE and CITY or on July 1, 1982, whichever is earlier in time; however, the ownership and maintenance clauses shall remain in effect until terminated in writing by mutual agreement. STATE OF CALIFORNIA Department of Transportation ADRIANA GIANTURCO Director of Transportation . BY Jacob Dekema - District Direct or of Transportation CITY ,OF CARLSBAD Attest . . -'. . . ...... -. ....._ .._...__ --__I.- ... =-- . c . .. .. .. .