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HomeMy WebLinkAboutCalifornia, State of / DOT/ Dept of Transportation; 1990-01-02; 11-8156Page 1 of 3 Agreement No. 1 l-81 56 WORK FOR OTHERS AGREEMENT WITH CITY OF CARLSBAD The CITY of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as “CITY,” and the State of California, Department of Transportation, District 11, hereinafter referred to as “STATE,” do enter into the following agreement: WHEREAS, CITY pursuant to Section 131 of the Streets and Highways Code has requested STATE to maintain traffic control signal systems on the City Street System as shown on Exhibit “A” attached hereto, and by this reference made a part hereof; and WHEREAS, STATE does have qualified personnel available to perform said maintenance of said traffic control signal systems within the CITY; and WHEREAS, STATE and CITY will mutually benefit from said maintenance by providing safety to the traveling public; and WHEREAS, CITY and STATE do mutually desire to cooperate and to specify herein the conditions and the maintenance to be done: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION I For and in consideration of the covenants and conditions to be kept and performed by STATE as set forth herein, CITY agrees: (a) That the degree or extent of maintenance work to be performed and the standards therefore shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the provisions of this Agreement or as may be prescribed from time to time by the District Director. “DISTRICT DIRECTOR,” as used herein, means the District Director of the Department of Transportation assigned to the territory in which the CITY is located, or his authorized representative. lb) To reimburse STATE for the actual cost of said maintenance, including assessments for indirect charges to be made at rates which are in effect at the time said costs arise. (cl That said maintenance will be provided when requested by CITY. Page 2 of 3 (d) That said maintenance will be done as the work load of STATE’S forces permits and if said work load becomes too great, this Agreement may be terminated sixty calendar days after CITY receives written notice from STATE. (4 To indemnify and save STATE, its officers, agents, and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from STATE’S performance under this Agreement, excepting for injuries to person or damage to property caused or resulting from the sole negligence or willful misconduct of STATE, its officers, agents, and employees. SECTION II For and in consideration of the covenants and conditions to be kept and performed by CITY as set forth herein, STATE agrees: (a) To maintain traffic control signal systems at locations shown in Exhibit “A” in accordance with the provisions of Section 27 of the Streets and Highways Code when requested by CITY. STATE maintenance will be limited to controller assembly maintenance only. (b) To bilJ CITY monthlv for actual costs required to maintain said traffic control signal systems, including assessments for indirect charges to be made at rates which are in effect at the time said costs arise. Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized; the provisions of which Agreement are effective F&-cx 22, /99& . This Agreement shall remain in full force and effect until December 31, 1999 or until amended or terminated. * Approved as to form and STATE OF CALIFORNIA procedure: DEPARTMENT OF TRANSPORTATION Attorney -’ Department of Transportation JAMES VAN LOBEN SELS Director of Transportation City Attorney BY Division of Maintenance EXHIBIT “A” City of CARLSBAD LOCATION INTERSECTION DESCRIPTION 1. El Camino Real at Plaza Dr 2. El Camino Real at Maron Rd 3. Palomar Airport Rd at Paseo Del Norte 4. Palomar Airport Rd at Avenida Encinas 5. Poinsettia Lane at Paseo Del Norte 6. Poinsettia Lane at Avenida Encinas 7. Carlsbad Village Drive at Pio Pica Drive Effective: September 15, 1990 Revised: February 22, 1996 EXHIBIT “B” City of CARLSBAD Effective: September 15, 1990 Revised: October 3, 1995 The cost of the maintenance of City signals not to exceed $ 8,OOO.OO annually. carlsbad.wfo Novmeber 3, 1995 Page 1 of 3 Agreement No. 1 I-81 56 WORK FOR OTHERS AGREEMENT WITH CITY OF CARLSBAD The CITY of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as “CITY,” and the State of California, Department of Transportation, District 11, hereinafter referred to as “STATE,” do enter into the following agreement: WHEREAS, CITY pursuant to Section 131 of the Streets and Highways Code has requested STA,TE to maintain traffic control signal systems on the City Street System as shown on Exhibit “A” attached hereto, and by this reference made a part hereof; and WHEREAS, STATE does have qualified personnel available to perform said maintenance of said traffic control signal systems within the CITY; and WHEREAS, STATE and CITY will mutually benefit from’said maintenance by providing safety to the traveling public; and WHEREAS, CITY and STATE do mutually desire to cooperate and to specify herein the conditions and the maintenance to be done: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION I For and in consideration of the covenants and conditions to be kept and performed by STATE as set forth herein, CITY agrees: (a) That the degree or extent of maintenance work to be performed and the standards therefore shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the provisions of this Agreement or as may be prescribed from time to time by the District Director. “DISTRICT DIRECTOR,” as used herein, means the District Director of the Department of Transportation assigned to the territory in which the CITY is located, or his authorized representative. (b) To reimburse STATE for the- actual cost of said maintenance, including assessments for indirect charges to be made at rates which are in effect at the time said costs arise. (c) That said maintenance will be provided when requested by CITY. Page 2 of 3 (d) That said maintenance will be done as the work load of STATE’S forces permits and if said work load becomes too great, this Agreement may be terminated sixty calendar days after CITY receives written notice from STATE. (4 To indemnify and save STATE, its officers, agents, and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from STATE’S performance under this Agreement, excepting for injuries to person or damage to property caused or resulting from the sole negligence or willful misconduct of STATE, its officers, agents, and employees. SECTION II For and in consideration of the covenants and conditions to be kept and performed by CITY as set forth herein, STATE agrees: (a) To maintain traffic control signal systems at locations shown in Exhibit “A” in accordance with the provisions of Section 27 of the Streets and Highways Code when requested by CITY. lb) To u CITY monthly for actual costs required to maintain said traffic control signal’systems, including assessments for indirect charges to be made at rates which are in effect at the time said costs arise. . Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized; the provisions of which Agreement are effective ti0&m&rL: -22, / P-23 . CITY OF CARLSBAQ City Clerk * Approved as to form and procedure: Attorney Dep ment of Transportation A City Attorney //m/7* SP - STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES VAN LOBEN SELS Director of Transportation Maintenance and Operations BY EXHIBIT “A” City of CARLSBAD LOCATION INTERSECTION DESCRIPTION 1. El Camino Real at Plaza Dr 2. El Camino Real at Marron Rd 3. Palomar Airport Rd at Paseo Del Norte 4. Palomar Airport Rd at Avenida Encinas Effective: September 15,199O Revised: October 27, 1993 EXHIBIT “B” City of CARLSBAD Effective: September 15, 1990 Revised: October 27, 1993 The cost of the maintenance of City signals not to exceed $ 8,OOO.OO. - AGREEMENT Agreement No. 11-8156 The City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as l@CITY1l, and the State of California, Department of Transportation, District 11, hereinafter referred to as llSTATE", do enter into the following agreement: ' WHEREAS, CITY pursuant to Section 131 of the Streets and Highways Code has requested STATE to maintain traffic control signal systems on the City Street System as shown on Exhibit ltA1l attached hereto, and by this reference made,a part hereof: and WHEREAS, STATE does have qualified personnel available to perform said maintenance of said traffic control systems within the City; and WHEREAS, STATE and CITY will mutually benefit from said maintenance by providing safety to the traveling public: and WHEREAS, CITY and STATE to mutually desire to cooperate and to specify herein the conditions and the maintenance to be done: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: -l- I - SECTION I For and in consideration of the covenants and conditions to be kept and performed by STATE as set forth herein, CITY agrees: (a) That the degree or extent of maintenance work to be performed ad the standards therefor shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the provisions of this Agreement or as may be prescribed from time to time by the District Director. "DISTRICT DIRECTORW, as used herein, means the District Director of the Department of Transportation assigned to the territory in which the CITY is located, or his authorized representative. (b) To reimburse STATE for the actual cost of said maintenance, including Assessment for indirect charges to be made at rates which are in effect at the time said costs arise. (c) That said maintenance will be provided when requested by CITY. (d) That said maintenance will be done as the work load of STATE'S forces permits and if said work load becomes too great, this Agreement may be terminated sixty calendar days after CITY receives written notice from STATE. (e) To indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from STATE'S performance under this Agreement, except for injuries to person or damage to property caused or resulting -2- . - . ,- from the sole negligence or willful misconduct of STATE, its officers, agents and employees. SECTION II For and in consideration of the covenants and conditions to be kept and performed by CITY as set forth herein, STATE agrees: (a) To maintain traffic control signal systems at locations shows in Exhibit "A" in accordance with the provisions of Section 27 of the Streets and Highways Code when requested by CITY. (b) To bill CITY quarterly for actual costs required to maintain said traffic control systems, including assessments for indirect charges to be made at rates which are in effect at the time said costs arise. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized; the provisions of which Agreement are effective September 15, 1990. -3- .-. . Approved As To Form And Procedure: City of Carlsbad BY: Asst. BY: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ROBERT K. BEST DIRECTOR OF TRANSPORTATION -4- EXHIBIT "A" City of Cdrlsbad - 11-8156 Effective: September 15, 1990 I ELBCTR CA Billed and Maintained by the STATE Route Location/ Intersection Description E-Number/ Units Cost Distribution State City SIGNALS El Camino Real C Plaza Dr. El Camino Real & Marron Road 0 0 El Camino Real and Plaza Dr. 4 ea 200 HPS 0 100 El Camino Real & Marron Road 4 ea 200 HPS 0 100 100 100