HomeMy WebLinkAboutOceanside, City of; 2003-11-12;AGREEMENT FOR COST SHARING FOR
BETWEEN THE CITY OF CARLSBAD AND
THE CITY OF OCEANSIDE
RE-STRIPING ON THE SR-78/EL CAMINO REAL BRIDGE
THIS AGREEMENT is entered into this \2'& day of )30ve-b- ,2003,
by and between the CITY OF CARLSBAD (herein "Carlsbad") and the CITY OF OCEANSIDE
(herein "Oceanside"), collectively referred to hereafter as the Parties.
RECITALS
1. WHEREAS, El Camino Real is shown in the Circulation Element of Carlsbad's
and Oceanside's General Plan as a prime arterial; and
2. WHEREAS, El Camino Real is also designated as a regional Congestion
Management Program (CMP) arterial; and
3. WHEREAS, Oceanside has developed and received Caltrans approval of plans
for the re-striping of the SR-78/EI Camino Real bridge; and
4. WHEREAS, Carlsbad has reviewed and concurs with the design of the re-striping
on the SR-78/EI Camino Real bridge; and
WHEREAS, Caltrans has issued an encroachment permit to Oceanside to 5.
perform the re-striping of the bridge; and
6. WHEREAS, Carlsbad and Oceanside desire to enter into an agreement to share
the cost of the re-striping project.
NOW, THEREFORE, in consideration of the mutual promises, obligations and covenants
set forth herein, Carlsbad and Oceanside agree as follows:
Article 1 : Project Team and Review
1.1 Both Parties shall designate a Project Manager which shall serve as a liaison for
its respective city to review the work tasks as set forth in this Agreement.
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Article 2: Contract Manaaement Responsibility
2.1 Oceanside shall award the construction contract for the re-striping, manage, and
inspect the constructed work.
2.2 Carlsbad shall assist Oceanside with issues within the Carlsbad city limits and
participate in coordination meetings with Oceanside.
Article 3: Fundinq Responsibilities
3.1 Oceanside, in its role as the lead agency and contract administrator, shall pay all
costs and expenses submitted by the Contractor for the re-striping.
3.2 The Contractor's contract price will not be increased unless mutual agreement
between Carlsbad and Oceanside is reached.
3.3 Carlsbad shall reimburse Oceanside for one-half of the agreed contract costs for
the re-striping up to a not-to-exceed amount of $35,000.
3.4 Any agreed contract costs to be paid to the Contractor in excess of the
construction contract amount shall be equally incurred by Carlsbad and Oceanside, subject to
Carlsbad's prior agreement to the cost increase in excess of the original contract amount.
3.5 Carlsbad shall reimburse Oceanside for its share of the construction contract
within thirty (30) days of receiving the invoice from Oceanside.
Article 4: Indemnification
4.1 The City of Oceanside shall indemnify and hold harmless the City of Carlsbad, its
officers, agents and employees, from all claims, loss, damage, injury and liability of every kind,
nature and description, directly or indirectly arising from or in connection with the performance
of the work described in this Agreement; or from any failure or alleged failure of the City of
Oceanside and/or the City of Oceanside's selected Contractor to comply with any applicable
law, rules or regulations including those relating to safety and health; and from any and all
claims, loss, damages, injury and liability, howsoever the same may be caused, resulting
directly or indirectly from the nature of the work covered by this Agreement, except for loss or
damage caused by the sole or active negligence or willful misconduct of the City of Carlsbad.
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Article 5: Insurance
5.1 The City of Oceanside shall require in its Agreement with the Contractor to whom
the re-striping work on SR-78/EI Camino Real Bridge is awarded that the Contractor indemnify
the City of Carlsbad in the same manner, and to the same extent that the Contractor indemnifies
the City of Oceanside; and that the Contractor name the City of Carlsbad as an additional
named insured on all required insurance and/or bond documents.
Article 6: Governing Law
6.1 This Agreement is to be governed by and construed in accordance with the laws
of the State of California. The Parties agree and stipulate that the proper venue and jurisdiction
for resolution of any disputes between the Parties arising out of this Agreement is San Diego
County, California.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first written above.
CIT
By:
City Manager
Approved as to Form:
ANITA C. WILLIS,
Oceanside City Attorney
By: (322-
Assistant City Attorney
City Maager
Approved as to Form:
RONALD R. BALL,
Carlsbad City Attorney
puty City Attorney
B~
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