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HomeMy WebLinkAboutSan Marcos, City of; 1995-02-15;February 15, 1995 Gary Kellison City of San Marcos Engineering Division One Civic Center Drive San Marcos, CA 92069 RE: Agreement for Traffic Signal at the La Costa Meadows/Rancha The Carlsbad City Council, at its meeting of February 7, 1995, adopted Resolution No. 95-35, approving an agreement with the City of San Marcos for the design, construction and operation and maintenance of a traffic signal at the La Costa Meadows/Rancha Santa Fe Road Intersection. Enclosed please find a fully executed original of the agreement and a copy of Resolution No. 95-35 for your files. Santa Fe Road Intersection &%, Assistant Clerk CMC KRK: ijp Enclosures _____ 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28Oe e 0 '\ AGREEMENT BEWEEN ME CITY OF CARLSBAD AND THE CITY OF SAN MARCOS FOR ME DESIGN AND CONSTRUCTION OF A TRAFFIC CONTROL SIGNAL SYSTEM AND OPERATION AND MAINTENANCE OF THE TRAFFIC CONTROL SIGNAL SYSTEM AT THE INTERSECTION OF RANCHO SANTA FE ROAD AND LA COSTA MEADOWS DRIVE THIS AGREEMENT, executed this 8th day of FEBRUARx 19% by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "Carlsbad", and the CITY OF SAN MARCOS, a municipal corporation, hereinafter referred to as "San Marcos". WITN ESSEW WHEREAS, Carlsbad and San Marcos desire to cooperate to facilitate the design anc construction of a traffic control signal system and safety lighting at the intersection of Ranchc Santa Fe Road and La Costa Meadows Drive, and to cooperate and jointly participate in its operation and maintenance following construction hereinafter referred to as "Project"; and WHEREAS, this three-way intersection is two-thirds within Carlsbad's jurisdiction, anc one-third within San Marcos' jurisdiction; and WHEREAS, Carlsbad and San Marcos desire to specrfy herein the terms and conditions by which design, construction, operation and maintenance of said Project shall be financed anc accomplished. NOW, THEREFORE, it is mutually agreed by and between Carlsbad and San Marcos a: follows: 1. San Marcos shall act as the lead agency for designing the Project, for preparatior of the plans and specifications for the Project prior to construction, bidding the Project construction administration and construction of the Project, act as the lead agency for purpose5 of CEQA, as well as act as the lead agency to ensure completion of the Project per the approvec plans and specifications. 2. San Marcos shall engage independent contractors to design and construct thc Project. The Project shall be designed to meet the standards of whichever City's standards are 0 0 higher. San Marcos shall require such contractors to indemnify, defend, and hold harmless both agencies from negligent or intentionally wrong acts of such contractors in carrying out thein agreements, and provide bonding and insurance for same, for both cities. 3. Carlsbad will act as the agency that will provide courtesy review and approval 01 plans and specifications for the Project prior to Construction, and inspection of construction 01 the Project throughout the construction period. 4. Within ten (10) days of completion of the Project, San Marcos shall inspect all work performed on the Project and inspected by Carlsbad and determine whether the work was completed in accordance with the approved plans and specifications. If, by the end of this ter (10) day period, San Marcos has not notified Carlsbad in writing that the work materially varies from the approved plans, San Marcos shall be deemed to have approved the constructed Projeci in accordance with the plans and specifications. 5. Upon completion and acceptance of the Project, it will be the responsibility 01 Carlsbad to operate and maintain the Project. 6. Upon San Marcos' approval of the Project it is agreed that, pursuant tc Government Code Section 895.4, the parties shall share any liability arising out of the Project as follows: 6a. Carlsbad will be the lead agency with regard to defense of claims against bott agencies. All costs for defense not paid by contractors and/or their insurers or bonds will bE apportioned two-thirds to Carlsbad and one-third to San Marcos. 6b. Carlsbad and San Marcos shall share liability for claims, settlements or judgement2 not paid by contractors and/or their insurers or bonds, if any, against either City arising out 0' the Project as follows: 1) For design defects, equally; 2) For any other liability, two-thirds Carlsbad, one-third San Marcos. 2 ‘. 0 0 ’. 7. This indemnity provision is not limited in any way by the extent of any insurance policy currently in force and held by either patty. 8. Following acceptance by San Marcos, Carlsbad will maintain and operate the traffic control signal system and safety lighting at its cost, subject to partial reimbursement set forth in Paragraph 9, below. 9. Prior to construction permit issuance for the traffic control signal system, San Marcos shall pay Carlsbad $5,000 for operation and maintenance of the traffic control signal system for the first year. An amount equal to the cost of first year’s actual traffic signal maintenance and operation costs shall be due to Carlsbad after the traffic control system has been energized and operating for one year, for the cost of the second year’s operation. Paymeni shall be made by San Marcos within thirty (30) days of receiving an invoice from Carlsbad. 10. For each subsequent twelve (12) month period, Carlsbad will invoice San Marcos for the prior year’s actual traffic signal maintenance and operation costs, and payment shall be made by San Marcos within thirty (30) days of receiving the invoice. 11. Upon completion of future improvements to Rancho Santa Fe Road, including construction of a raised median on Rancho Santa Fe Road at the La Costa Meadows Drive intersection, the traffic signal will be removed by Carlsbad and delivered to the City of San Marcos. Vehicular turns at La Costa Meadows Drive will then be restricted by the raised median on Rancho Santa Fe Road to right-in/right-out to and from Rancho Santa Fe Road. However, Carlsbad will consider allowing a temporary southbound left-turn access to La Costa Meadow: Drive at the time construction of the median on Rancho Santa Fe Road occurs and will conside allowing the temporary southbound left-turn access to remain until such time as an alternate access to the La Costa Meadows industrial Park is identified and constructed. 12. With the exception of the indemnity provisions in Paragraphs 6 and 7, thi: Agreement shall terminate ten (1 0) years after approval of this Agreement by both parties or upor 3 ,. e e completion of improvements to Rancho Santa Fe Road, including construction of a raised median at La Costa Meadows Drive, per Paragraph 11, whichever is first. 13. The termination date of this Agreement may be extended upon written approval executed by both agencies. This Agreement may not be modified, amended, or otherwise changed unless by an amendment, in writing, and executed by both agencies. IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad pursuant tc action taken by its City Council, and by the City of San Marcos pursuant to action taken by its City Council. CITY OF SAN MARCOS Date: February 8. 1995 APPROVED AS TO FORM By: L R* & By: APPROVED AS TO FORM Z-S-$J-; City Attorney 4