HomeMy WebLinkAboutSan Diego, County of; 1988-05-10; 26303-EAGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR CONSTRUCTION OF MINOR ROAD IMPROVEMENTS AND A TRAFFIC CONTROL SIGNAL SYSTEM AT
RANCH0 SANTA FE ROAD AND MELROSE DRIVE
THIS AGREEMENT executed this \b rt
between the CITY OF CARLSBAD, a municipal corporation, her the COUNTY OF SAN DIEGO, a political subdivision of the State of Califobnia, hereinafter "COUNTY."
WITNESSETH
WHEREAS, COUNTY and CITY desire to cooperate and jointly participate in
the construction of minor road improvements, a traffic control signal system and
safety lighting at the intersection of Ranch0 Santa Fe Road and Melrose Drive, hereinafter "PROJECT"; and
WHEREAS, the intersection of Ranch0 Santa Fe Road and Melrose Drive is a
three-way intersection; and
WHEREAS, this three-way intersection is 2/3 within CITY jurisdiction and
l/3 within COUNTY jurisdiction; and
WHEREAS, COUNTY and CITY desire to specify herein the terms and conditions
by which said PROJECT shall be financed and accomplished.
NOW, THEREFORE, IT IS mutually agreed by and between the COUNTY and CITY
as follows:
1. CITY 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.
2. CITY will pay up to $125,000 as its portion of the costs of the PROJECT.
3. COUNTY will pay $47,000 to the CITY as COUNTY's portion of the cost of the PROJECT. This payment to be made within 25 days of award of the construction contract.
4. CITY 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. COUNTY will reimburse CITY l/3 of the total maintenance and operating costs of the traffic control signal system and safety lighting. These payments will be made to the CITY on a monthly basis.
6. CITY shall not begin construction work on the PROJECT until COUNTY approves in writing all plans and specifications for the work to be performed.
7. Within ten (10) days of completion of the PROJECT, COUNTY shall inspect
all work performed on the PROJECT and determine whether the work was
completed in accordance with the COUNTY approved plans and specifications.
If by the end of this ten (10) day period COUNTY has not notified CITY in
writing that the work materially varies from the approved plans, COUNTY
shall be deemed to have approved the PROJECT in accordance with the plans
and specifications.
8. (a) Upon COUNTY's approval of the PROJECT:
Neither CITY 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 the COUNTY under or in connection with any work, authority or jurisdiction delegated to the COUNTY under this Agreement. It is also
agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY 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 COUNTY under or in connection with any work, authority or responsibility delegated to the COUNTY under this Agreement.
8. (b) Neither COUNTY 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 the CITY under or in connection with any
work, authority or jurisdiction delegated to the CITY under this
Agreement. It is also agreed that, pursuant to Government Code Section
895.4, CITY shall fully indemnify and hold COUNTY 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 CITY under
or in connection with any work, authority or responsibility delegated to
the CITY under this Agreement.
8. (c) This indemnity provision is not limited in any way by the extent of any insurance policy currently in force and held by either party.
9. This Agreement may not be modified, amended or otherwise changed unless by an amendment, in writing, and executed by the parties.
10. This Agreement shall terminate upon completion of the -PROJECT and receipt of payment by the City from the COUNTY, except as follows;
Section 4, Section 5, Section 8(a), Section 8(b) and Section 8 (c) shall remain in effect until mutually agreed upon in writing by the parties.
IN WITNESS WHEREOF, this Agreement is executed by the County of San Diego pursuant to action taken by the Board of Supervisors and by the City of Carlsbad pursuant to action taken by its City Council.
CITY OF CARLSBAD COUNTY OF SAN DIEGO
BY: &!&& ic'
City Clerk BY: * /g Pdd 4 Clerii, Boa%of Supervisors
Date: m& 29 19pF
APPROVED AS TO FORM APPROVED AS TO FORM
MAY 10 1988 eS
$lziA.G
Clerk ol the Bond d Supcrvison