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Home My WebLink About1981-05-05; City Council; Resolution 65071 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 26 27 2E RESOLUTION NO. 6507 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR THE CONSTRUCTION AND MAINTENANCE OF A TRAF- FIC SIGNAL AT EL CAMINO REAL AND LEVANTE STREET 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 the construction and maintenance of a traffic signal at El Camino Real and Levante Street, attached hereto as Exhibit “A“ and incorporated 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 5th day of May , 1981, by the following vote, to wit: AYES : Council Mers Packard, Cask, hear, kwis and Kdchin. NOES : ABSENT : ATTEST : “iiONALD C. PACKARD, Mayor ( s EAL) EXH I B I T "A" AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR THE CONSTRUCTION AND MAINTENANCE OF A TRAFFIC SIGNAL AT EL CAMINO REAL AND LEVANTE STREET PHIS AGREEMENT, executed this day of Y 1981 by and between the City of Carlsbad, a municipal corporation herein- after called the "City" and the County of San Diego, a political sub- division of the State of California hereinafter called the "County". M I T ti E S S ETH . 1 I' T I' and WHEREAS, the intersection of El Camino Real and Levante Street is a . intersection with two of the approaches originating within the County the remaining approach within the City; and MHEREAS, it is the intent of City and County to share the cost of this signal installation; 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. I. The County shall prepare plans and specifications for construc- tion of a traffic signal system at the intersection of El Camino Real and Levante Street. No construction shall begin, however, until the plans .. and specifications for the traffic signal system have been approved by the duly authorized representative of the City and by the Director, Department of Public Works on behalf of the County. The County shall advertise and award a contract for the construction of said traffic signal system in accordance with applicable competitive bidding 1 aws. 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 juri sdi cti on. The City sha? 1 expedite and issue the necessary excava- tion permits without charge to the County. Environmental clearances , shall be obt,ained by the County. 3. County shall provide and pay for all engineering, design, service and inspection to be performed prior to and during the con- struction of said project, and County will pay all construction costs of project, provided however, that City shall reimburse County as specified in paragraphs 4, 5 and 6 of this agreement. 4. City and County agree to the following method of cost sharing for the prel i mi nary engi neeri ng , desi gn inspection and other services necessary for the instal lation and main- tenance of this traffic signal system: construction, constructi on A. The total cost to install this signal system to include necessary safety 1 ighting is currently estimated at $84,000. .. B. Developer contributions received by City and County for this signal system shall be deducted from the signal 's actual construc- tion cost and by the remaining amount shall be borne 1/3 by the City and 2/3 by the County. C. Administrative Costs (County Labor and Overhead) shared by the City and County, shall not exceed 20% of the total project cost. Those administrative costs beyond 20% of the total project cost which are incurred by the County, at the County's option, or because of the . County's error shall be borne entirely by the County. D. Administrative Costs (County Labor and Overhead), which exceed 20% of the total project cost, and are the result of changes to the project or contract which have been made at the City's option, or because of the City's errors shall be borne entirely by the City. 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 County within thirty (30) days, funds currently estimated at $28,000. cover the City's estimatedsl/3 share of the signal installation's total cost, as identified in paragraph 4.B, and based on the actual contract The specific amount of deposit however, shall award amount and related County costs incurred to date and remaining estimated expenses to complete the traffic signal installation. -3- L I-. . , 7. After all actual construction costs are known and distributed, excess funds, if any, remaining from the City's deposit, shall be returned to the City. 8. The City's share of costs shall not exceed the City's deposit amount without written approval of the City, 9. The County hereby agrees to maintain, operate, and repair the entire installation including the \ traffic signals, lighting systems, and to pay the cost of power therefor. shall be shared 2/3 County and 9/3 City. These on-going operational expenses 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, nor for persona7 injuries to, or death of them, caused by or resulting from any negligent acts or omissions of County, or its agents, employees, or representatives, including liability by reason of acts or omissions caused by County, its agentsg employees, or representatives. (b) County, its agents, officers and employees, shall not be liable for any claims, liabilities, penalties, fines, or for damage to any goods, properties or effects or any person whatsoever, nor for per- sonal injuries to, or death of them, caused by or resulting from any negligent acts or omissions of City, or its agents, employees, or repre- sentatives, including liability by reason of acts or omissions caused by City, its agents, employees, or representatives. -4- '\ .*.! . r. 0 (c) County further agrees to indemnify, harm1 ess , City and its authorized agents, officers and save free and and employees against negligent acts or omission caused by County, its agents or employees, and any cost and expenses incurred by the re'spective parties on account of any claim therefor, and City further agrees to indemnify and save free and harmless County and its au.thorized 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.. (d) It is 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 City under terms of this agreement are con- tingent upon allocation and availability of funds in the FY 81-82 City Budget as approved by the City Council. 12. Obligations of County under terms of this agreement are con- tingent upon allocation and availability of funds in the FY 80-81 and or subsequent FY 81-82 budget as approved by the Board of Supervisors. 73. This agreement may not be modified, amended or otherwise changed unless by an amendment in writing executed by the parties hereto. - 5- 14. This agreement shall be terminated after completion of con- struction of the traffic signal system and payment of all amounts due under terms of. this agreement. .> IN WITNESS WHEREOF this agreement is executed by the County of San Diego pursuant to action taken by the Board of Supervisors and by the City of Carlsbad pursuant ta action taken by its City Council. RECOMMENDED: -4 R. 3 e MASSMAN Director Department of Public Works APPROVED AS TO FORM: CITY OF CARLSBAD -5iAY OR I COUNTY OF SA& DJEGO