HomeMy WebLinkAboutCity of Encinitas; 1996-04-02;AGREENENT BETWEEN TEE CITY OF CARLSBAD AND THE CITY OF ENCINITAS FOR OPERATION AND MAINTENANCE OF A TRAFFIC CONTROL SIGNA SYBTEM AT TEE INTERBECTION OF EL CAMINO REAL Ah3 OLIVENEAIN ROAD/LEUCADIA BOULEVARD
THIS AGREEMENT, executed this 2nd day of APRIL I
1996, by and between the CITY OF CARL&BAD, a municipal corporation,
hereinafter referred to as Varlsbad@@, and the CITY OF EWCINITAS,
a municipal corporation, hereinafter referred to as "Encinitas".
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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 El
Camino Real and Olivenhain Road/Leucadia Boulevard, hereinafter
referred to as wPROJECTw: and
WBEREAS, this four-way intersection is one-fourth within
Carlsbad jurisdiction, and three-fourths within Encinitas
jurisdiction: and
WHEREAS, Carlsbad and Encinitas desire to specify herein the
terms and conditions by which operation and maintenance of said
PROJECT shall be financed and accomplished.
NOW THEREFORE,, IT IS mutually agreed by and between Carlsbad
and Encinitas 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 as set forth in a previously executed construction agreement.
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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, Entiinitas 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, itwillbe the responsibility of Encinitas to operate and maintain the PROJECT.
4. 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.
5. Carlsbadwill reimburse Encinitas one-fourth 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.
6a. 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 defend and 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.
6b. 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, authprity, or jurisdiction delegated to Encinitas under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, Encinitas shall defend and 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
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. . .
with any work, authority, or responsibility delegated to Encinitas under this Agreement.
7. This indemnity provision is not limited in any way by the extent of any insurance policy currently in force and held by either party.
8. This agreement may not be modified, amended, or otherwise changed unless by an amendment, in writing, and executed by the parties.
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 CARLSBAD CITY C ITAS
By: (YY?G? L-!ilb L. x Lc
Chuck DuVivier, Mayor EM
Date:
Attest: Attest: a- Aletha L, Rautenkranz, City Cle Deborah Cervone, City Clerk
APPROVED AS TO FORM
By:
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