HomeMy WebLinkAboutCity of Encinitas; 1994-06-15;I
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NOTE TO FILE: The attached letter from the City Engineer explains that
the agreement between Carlsbad and Encinitas was not signed by the City
for the City of Encinitas.
K.
P 17 I NT E
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE CITY OF ENCINITAS
FOR OPERATION AND MAINTENANCE OF A
TRAFFIC CONTROL SIGNAL SYSTEM AT THE INTERSECTION OF
RANCHO SANTA FE ROAD AND CALLE ACERVO/AVENJDA LA POSTA
*,
THIS AGREEMENT, executed this 15 day of
1994, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as "Carlsbad", and the CITY OF ENCINITAS, a municipal corporation,
hereinafter referred to as "Encinitas".
WITNESSETH
WHEREAS, Carlsbad and Encinitas desire to cooperate and jointly participate in
the operation and maintenance of a traffic control signal system and safety lighting at the
intersection of Rancho Santa Fe Road and Calle Acervo/Avenida La Posta, hereinafter
referred to as "PROJECT"; and
WHEREAS, this four-way intersection is one-half within Carlsbad jurisdiction, and
one-half within Encinitas jurisdiction; and
WHEREAS, Carlsbad and Encinitas desire to specify herein the terms and
conditions by which operation ana maintenance of said FRGJECT ski: be fimnced acd
accomplished.
NOW, THEREFORE, IT IS mutually agreed by and between Carlsbad and Encinitas
as follows:
4. Carlsbad will act as the lead agency for the PROJECT, provide plans,
specifications, and all necessary construction engineering services for the
PROJECT and will manage the construction of the PROJECT.
r’ 0 0
2. Within ten (10) days of completion of the PROJECT, Encinitas shall inspect all work performed on the PROJECT and determine whether the work was
completed in accordance with the approved plans and specifications. If, by
the end of this ten (10) day period, Encinitas has not notified Carlsbad in
writing that the work materially varies from the approved plans, Encinitas
shall be deemed to have approved the constructed PROJECT in accordance with the plans and specifications.
3. Upon completion and acceptance of the PROJECT, it will be the
responsibility of Encinitas to operate and maintain the PROJECT.
Upon Encinitas’ approval of the PROJECT:
Neither Carlsbad 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 Encinitas under or in connection with any work, authority, or
jurisdiction delegated to Encinitas under this Agreement. It is also agreed
that, pursuant to Government Code Section 895.4, Encinitas shall fully
indemnify and hold Carlsbad 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 Encinitas under or in connection
with any work, authority, or responsibility delegated to Encinitas under this
Agreement.
Neither Encinitas 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 Carlsbad under or in connection with any work, authority, or
jurisdiction delegated to Carlsbad under this Agreement. It is also agreed
that, pursuant to Government Code Section 895.4, Carlsbad shall fully
indemnify and hold Encinitas 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 Carlsbad under or in connection
with any work, authority, or responsibility delegated to Carlsbad under this
Agreement.
This indemnity provision is not limited in any way by the extent of any insurance policy currently in force and held by either party.
Encinitas will maintain and operate the traffic control signal system and
safety lighting and will pay the total cost for maintenance and operation of
the traffic control signal system and safety lighting.
4a.
4b.
5.
6.
2
b * 0 0
7. Carlsbad will reimburse Encinitas one-half of the total maintenance and
operating costs of the traffic control system and safety lighting. These
payments will be made to Encinitas on a semi-annual basis upon receipt of
the semi-annual billing from Encinitas.
This Agreement may not be modified, amended, or otherwise changed
unless by an amendment, in writing, and executed by the parties.
8.
IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad
pursuant to action taken by its City Council, and by the City of Encinitas pursuant to
action taken by its City Council.
CITY OF ENClNlTAS
By:
6aFa:; ,~~~
Date: June 8, 1994 Date:
APPROVED AS TO FORM
By: a&-Q. L By:
APPROVED AS TO FORM
City Attorney CltY Attorney g , e. 9 cl ,
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RECEIVED
JUN 17 1994
ENCINEERiNG
DEPARTMENT
city of
EaCiGitas
June 16, 1994
Mr. Robert T. Johnson, P.E.
Traffic Engineer
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
RE: Agreement for Traffic Signal at Rancho Santa Fe Road and Calle
Acervo/Avenida La Posta
Dear Mr. Johnson,
Please find enclosed two copies of the Agreement Between the Cit) of Carlsbad and the City of Encinitas for Operation and Maintenance of a Traffic Control Signal System at the Intersection of Ranchc Santa Fe Road and Calle Acervo/Avenida La Posta.
The City Council approved the agreement at the June 15, 1994
meeting. Both copies have been signed by Mayor Hano. The Citi
Attorney will not be signing the agreement.
Please have the copies executed by the City of Carlsbad and returr one copy for our files.
Sincerely,
GC4107
GD TEL 619-633-2610 / FAX 613-633-2627 505 S ‘V LilLAn A\ enue Eniinltd5 CAlltornld 92024-3633 1’I)I) 619 633 2700 E@ recyc/t
June 15, 1994
Ms. Jane Pool
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
RE: Traffic Signal at Rancho Santa Fe Road/Calle Acervo/
The Carlsbad City Council, at its meeting of June 7, 1994, adopted
Resolution No. 94-150, approving an agreement with the City of
Encinitas to reimburse Encinitas for one-half of the operation and
maintenance costs for a traffic control signal system at the
intersection of Rancho Santa Fe Road and Calle Acervo/Avenida La
Posta.
Enclosed please find two fully executed originals of the agreement and a copy of Resolution No. 94-150 for your files. It is
requested that a fully executed original agreement be returned to this office.
Avenida La Posta Intersection
&-L&ZMC Assistant City Clerk
KRK: ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2801
a e a
V
AGREEMENT BETWEEN THE ClN OF CARLSBAD
AND THE CITY OF ENCINITAS
FOR OPERATION AND MAINTENANCE OF A
TRAFFIC CONTROL SIGNAL SYSTEM AT THE INTERSECTION OF
RANCHO SANTA FE ROAD AND CALLE ACERVO/AVENIDA LA POSTA
THIS AGREEMENT, executed this day of
1994, by and between the CITY OF CARLSBAD, a municipal corporation, hereinaftei
referred to as "Carlsbad", and the CITY OF ENCINITAS, a municipal corporation
hereinafter referred to as "Encinitas".
WITNESSETH
WHEREAS, Carlsbad and Encinitas desire to cooperate and jointly participate ir
the operation and maintenance of a traffic control signal system and safety lighting at thE
intersection of Rancho Santa Fe Road and Calle Acervo/Avenida La Posta, hereinaftei
referred to as "PROJECT'; and
WHEREAS, this four-way intersection is one-half within Carlsbad jurisdiction, anc
one-half within Encinitas jurisdiction; and
WHEREAS, Carlsbad and Encinitas desire to specify herein the terms anc
conditions by which operation and maintenance of said PROJECT shall be financed anc
accomplished.
NOW, THEREFORE, IT IS mutually agreed by and between Carlsbad and Encinita:
as follows:
1. Carlsbad will act as the lead agency for the PROJECT, provide plans
specifications, and all necessary construction engineering services for the
PROJECT and will manage the construction of the PROJECT.
4 0 a
c
2. Within ten (1 0) days of completion of the PROJECT, Encinitas shall inspect
all work performed on the PROJECT and determine whether the work was
completed in accordance with the approved plans and specifications. If, by
the end of this ten (IO) day period, Encinitas has not notified Carlsbad in
writing that the work materially varies from the approved plans, Encinitas
shall be deemed to have approved the constructed PROJECT in
accordance with the plans and specifications.
3. Upon completion and acceptance of the PROJECT, it will be the
responsibility of Encinitas to operate and maintain the PROJECT.
Upon Encinitas’ approval of the PROJECT:
Neither Carlsbad 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 Encinitas under or in connection with any work, authority, or
jurisdiction delegated to Encinitas under this Agreement. It is also agreed
that, pursuant to Government Code Section 895.4, Encinitas shall fully
indemnify and hold Carlsbad harmless from any liability imposed for injury
(as defined by Government Code Section 810.8) occurring by reason oi
anything done or omitted to be done by Encinitas under or in connection
with any work, authority, or responsibility delegated to Encinitas under this
Agreement.
Neither Encinitas 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 Carlsbad under or in connection with any work, authority, or
jurisdiction delegated to Carlsbad under this Agreement. It is also agreed
that, pursuant to Government Code Section 895.4, Carlsbad shall fully
indemnify and hold Encinitas harmless from any liability imposed for injury
(as defined by Government Code Section 810.8) occurring by reason 01
anything done or omitted to be done by Carlsbad under or in connection
with any work, authority, or responsibility delegated to Carlsbad under this
Agreement .
This indemnity provision is not limited in any way by the extent of any
insurance policy currently in force and held by either party.
Encinitas will maintain and operate the traffic control signal system and
safety lighting and will pay the total cost for maintenance and operation 01
the traffic control signal system and safety lighting.
4a.
4b.
5.
6.
2
* 0 0
I
7. Carlsbad will reimburse Encinitas one-half of the total maintenance an
operating costs of the traffic control system and safety lighting. Thes
payments will be made to Encinitas on a semi-annual basis upon receipt c the semi-annual billing from Encinitas.
This Agreement may not be modified, amended, or otherwise change
unless by an amendment, in writing, and executed by the parties.
8.
IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbac
pursuant to action taken by its City Council, and by the City of Encinitas pursuant tc
action taken by its City Council.
CITY OF ENClNlTAS
By:
Gail Hano, Mayor
Date: June 8, 1994 Date:
APPROVED AS TO FORM
By: LQ. L By:
APPROVED AS TO FORM
City Attorney City Attorney b , e. 9 v,
3