HomeMy WebLinkAbout1990-04-10; Housing & Redevelopment Commission; Resolution 1661
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. - If
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT,
COMMISSION APPROVING COOPERATIVE AGREE" NO. 11-C
BETWEEiN THE CITY OF CARLSBAD HOUSING AND REDEVEMI3
COMMISSION m = CALIFORNIA DEPARTMENT OF
TRANSPORTATION TO REVISE NINE (9) EXISTING FREEWAY
SIGNS ON INTERSTATE ROUTE 5 TO ACCOMMODATE THE mNZ!
OF ELM AVENUE TO CARLSBAD VILLAGE DRIVE.
WHEREAS, the City Council of the City of Carlsbad,
on the 17th day of February, 1987, hold a duly noticed
public hearing to consider the proposed street name chan
and
WHEREAS, at said public hearing, the Housing and
Redevelopment Commission approved the street name change
Elm Avenue to Carlsbad Village Drive from the eastern
terminus to the ocean: and
WHEREAS, the California Department of Transportatioi
has estimated the cost of changing freeway signage on
Interstate 5 to be $143,000; and
WHEREAS, the Housing and Redevelopment Commission dj
1 on the 22nd day of August, 1989, approve the allocation c
I I $143,000 from the Redevelopment Tax Increment Fund to COT
I estimated cost of changing the highway signs.
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~ Now, TmREFbRE, BE IT HEREBY RESOLVED, by the Housir ! and Redevelopment Commission of the City of Carlsbad, as
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follows:
1. The Cooperative Agreement No. 11-0422, attached
hereto as Exhibit A and made a part hereof between the of
the City of Carlsbad, California, and the California
Department of Transportation is hereby approved and
accepted.
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2 2. That the Chair is hereby authorized and to exe
3 the agreement on behalf of the Commission.
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4. That the Finance Director is hereby authorized 5
3. This Resolution shall take effect immediately.
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$1 0,000 to from the Redevelopment Fund Balance. 7
appropriate, if necessary, funds in an amount not to exc
8 PASSED, APPROVED, AND ADOPTED at a regular meeting t
9 the Housing and Redevelopment Commission held on the %
1011 day of *Pril , 1990, by the following vote, to I
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NOES: Council Members Mamaux and Larson 12
AYES: Council Members Lewis, Kulchin and Pettine
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ABSENT : &me
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ABSENT : None
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17 // ATTEST :
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ll-SD-5 R47.O/R51.3
11359-166620
Carlsbad Village Driv Agreement No. 11-0422
COOPERATIVE AGREEMENT
This Agreement, entered into on is between
STATE OF CALIFORNIA, acting by and through its Department
Transportation, referred to herein as STATE, and
CITY OF CARLSBAD HOUSING AND
REDEVELOPMENT COMMISSION, herei~
referred to as "City".
RECITALS
1. STATE and CITY contemplate revising nine (9) existing fre'
signs on Interstate Route 5 to accommodate the renaming of
Avenue to IICarlsbad Village Drivel', referred to hereir
"PROJECT" and desire to specify the terms and conditions UI
which the signs are to be installed, financed and maintail
SECTION I
STATE AGREES:
1. To provide plans and specifications and all neces:
construction engineering services for PROJECT.
2. To construct PROJECT by contract in accordance with the pl
and specifications of STATE.
3. To maintain all those facilities constructed pursuant to 1
Agreement which lie within the STATE right of way.
SECTION I1
CITY AGREES:
1. To deposit with STATE within 25 days of receipt of bill
therefor (which billing will be forwarded immediat following STATE'S bid advertising date of a construct contract for PROJECT) , the amount of $143,000, which fig
represents CITY'S estimated share of the expense
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preparation of plans and specifications, construct engineering, and construction costs required to compl PROJECT. CITY'S total obligation for said anticipated cos exclusive of claims, under this Agreement shall not exceed amount of $153,000 provided that CITY may, at its s discretion, in writing, authorize a greater amount.
2. CITY'S share of the expense of preparation of plans specifications, construction engineering, and construct
costs shall be an amount equal to 100 percent of the act cost for entire PROJECT.
3. After opening of bids, CITY 1 s estimate of cost of PROJECT w
be revised by STATE. based on actual bid prices compared
STATE'S original estimate. CITY'S required deposit un
Section II(1) above will be increased or decreased to ma said revised estimate. If deposit increase or decrease less than $1,000; no refund or demand for additional depo
will be made. until final accounting when CITY will pay additional sum required upon receipt of billing by STATE, STATE will refund unused deposit balance.
SECTION I11
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement
subject to the appropriation of resources by the Legislat
and the allocation of resources by the Califor Transportation Commission.
2. STATE shall not award a contract for the work until af receipt of CITY'S deposit required in Section II(1).
3. That neither STATE nor any officer or employee thereof sh
be responsible for any damage or liability occurring by rea of anything done or omitted to be done by CITY under or
connection with any work, authority or jurisdiction delega to CITY under this Agreement. It is also understood agreed that, pursuant to Government Code Section 895.4, C shall fully indemnify and hold STATE harmless from
liability imposed for injury (as defined by Government C
Section 810.8) occurring by reason of anything done or omit to be done by CITY under or in connection with any wo authority or jurisdiction delegated to CITY under t
Agreement.
4. That neither CITY nor any officer or employee thereof,
responsible for any damage or liability occurring by rea of anything done or omitted to be done by STATE under or connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also underst
and agreed that, pursuant to Government Code Section 895
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STATE shall fully indemnify and hold CITY harmless from
liability imposed for injury (as defined by Government C
Section 810.8) occurring by reason of anything done or omit
to be done by STATE under or in connection with any wo authority or jurisdiction not delegated to CITY under t Agreement.
After opening bids for PROJECT, and if bids indicate a c
overrun of no more than 7% of the estimate will occur, ST
may award the contract.
If upon opening of bids it is found .that a cost over exceeding 7% of the estimate will occur, STATE and CITY sh
endeavor to agree upon an alternative course of action. ST may thereafter award the construction contract upon CIT approval to do so. If CITY refuses to authorize the award the contract, CITY shall concurrently give STATE directi as to what further actions STATE must take before s contract may be awarded or re-advertised. All costs incur by STATE in carrying out CITY'S directions shall be borne CITY.
Prior to award of the construction contract for PROJECT, C
CITY pays STATE for all project costs incurred by STATE.
Should any portion of PROJECT be financed with Federal fu
or State gas tax funds, all applicable procedures and polic
relating to the use of such funds shall apply notwithstand
other provisions of this Agreement.
Upon completion of all work under this Agreement, owners
and title to all signs installed will automatically be ves in STATE and no further agreement will be necessary transfer ownership to STATE.
The cost of any engineering or maintenance referred to her shall include all direct and indirect costs (functional
administrative overhead assessment) attributableto such wo applied in accordance with STATE'S standard account procedures.
may terminate this Agreement by written notice, provided t
That this Agreement shall terminate upon completion
acceptance of PROJECT construction contract by STATE or December 31, 1992, whichever is earlier in time. Should claim arising out of PROJECT be asserted against STATE, C agrees to extend the termination date of this Agreement
provide additional funding as required to cover CITY'S sh
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of costs -or execute a subsequent agreement to cover th eventualities.
STATE OF CALIFORNIA CITY OF CARLSBAD
Department of Transportation Housing & Redevelopment Commissic
ROBERT K. BEST
Director of Transportation CLAUDE A. LEWIS, Chairperson BY
BY Chief Deputy
District Director
Attest: RAYMOND R. PATCHETT,
Secretary
Approved as to Form and Procedure:
APPROVED AS TO FORM:
Attorney
California Department of Transportation RONALD R. BALL, Assistant Ci
Approved as to Funds and Procedure:
District Accounting Officer