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HomeMy WebLinkAbout1981-03-17; City Council; 6486-1; El Camino Real Median at Haymar Drive. Initial : Dept, Head e .dL/ AGENDA BILL NO. 4 q‘,4- DATE : March 17, 1981 ’ C, Atty a- DEPARTMENT: Eng i neeri ng SUBJECT: EL CAMINO REAL MEDIAN AT HAYMAR DRIVE STATEMENT OF THE MATTER On January 20, 1981, the City Council directed staff to renegotiate agreement with CALTRANS and complete plans and specifications for the Bomanite Treatment of El Camino Real. Staff has completed this and’now is bringing the agreement and plans and specifications to Council for approval. FISCAL 1 MPACT The estimated cost of this work is 14,940 of which CALTRANS has agreed to pay $5,000, leaving an estimatedlnet cost to the City of $9,940 A yearly maintenance cost of approximately $170 is estimated. RECOMMENDATI ON 3 Adopt Resolution NobqY/ Approving Agreemen’t between City and CALTRANS for joint participation in improvements to median at El Camino Real and Haymar Drive; and direct staff to advertise for bids. EXHIBIT Reso 1 uti on No. 6 qx, App rov i ng Agreement between C i ty and CALTRANS . See Agreement attached herewith with Revised Median Design Sketch. Council Action: 3-1 7- 81 Counci 1 adopted Resolution 6471, approving Agreement, as stated above. I ., A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUT I ON NO. 6417'l . A RESOLUTION OF THE CITY COUNCIL OF THE CITY . OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- . MENT BETWEEN THE CALI FORNIA STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF CARLSBAD TO PROVIDE MEDIAN IMPROVEMENTS AT EL CAMlNO REAL AND HAYMAR DRIVE The City Council of the City of Carlsbad, California, does hereby resolve as fol lows: 1. That certain 'agreement between 'the City of Carlsbad and State Department of Transportation to provide median improvements 2 El Camino Real and Haymar Drive, attached hereto as Attachment "A" and ncorporated by reference, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf 'of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counci 1 of the City of Carlsbad held the17mday - of March , 1981, by the foliowing vote, to wit: AYES: Council Members Packard, Casler, Anear and Kulchin NOES: None ABSENT: Council Member Lewis Hd/L&J RONALD C. PACKARD, Mayor ATTEST: (SEAL) .' T h 11-SD-78 1.5 * AGREEMENT NO. 11-4149 EL CAMINO REAL MEDIAN ISLAND THIS AGREEMENT, ENTERED INTO ON IS BETWEEN , 1980, *_ CITY OF CARLSBAD, a body politic and a municipal corporation of the State of California referred to herein as llCITY1l AND STATE OF CALIFORNIA, acting by and through its Department of Transportation referred to herein as "STATE" ._ 'I RECITALS 1. STATE completed a contract for the widening of bridges and revision of r-mps at the El Camino Real Interchange with State Highway Route .78 on January 23, 1980. 2. CITY and STATE do mutually. desire to cooperate and jointly participate in improvements to the interior of the median island on El Camino Real, ,hereinafter . referred to as I1PROJECTrt, and desire to specify herein the terms and conditions under which said improvements shall be constructed, financed and maintained. SECTION. I CITY AGREES. 1. To provide plans and specifications and all construction engineering services for the PROJECT, as shown on EXHIBIT "A?', attached to and made a part of this * Agreement, and to bear the entire expense thereof. -. 2 . 2. To determine the requirements of the National Environmental Policy Act and the California Environmental Quality Act, whichever is applicable, and to prepare any reports which are determined to be necessary in order to be in compliance therewith. CITY shall process and distribute said reports in accordance with provisions of the appropriate Act, and to transmit a copy of the approved environmental document to STATE. 3. To.identify and locate all underground facilities-within the project area and protect or otherwise provide for such facilities, all in accordance with STATE'S f'Policy on High and Low Risk Underground Facilities Within Highway Rights of Waysff. Casts of locating, identifying, protecting or otherwise providing for such high and low risk ' facilities shall be borne by CITY. CITY hereby acknowledges the receipt of STATE'S trPolicy on High and Low Risk Underground Facilities Within Highway Rights of Way" and agrees to construct the PROJECT in accordance with such Policy. 4. To construct the PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the a&roval of STATE. 5. To bear the construction costs required to complete the work except for those costs specifically stated in Section II to be borne by STATE, 6. To apply for necessary encroachment permits for work within State Highway right of way, in accordance with STATE'S standard permit procedures. 7. To retain or cause to be retained for audit for STATE or other govem'ment audits for a period of three (3) years from date of final payment all records and ac.counts relating to construction of. the improvements. 8. To maintain the median facility as installed and to bear the entire expense thereof. .. ,. 5 . ., .. 8 3 , SECTION II STATE AGREES: , 1. To depasit with CITY prior to award of a construction contract for PROJECT the amount of $5,000, which figure represents STATES estimated share of the construction . costs required to complete PROJECT. 2. To pay as STATE'S share of the construction cost of PROJECT a lump sum of $5,000; CITY will bear 100% of all construction casts in excess of $5,000. The total construction cost is estimated to be $9,600. 3. To issue an encroachment permit subsequent to review and approval of plans and specifications prepared by CITY covering work within STATE Highway right of way. .. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. That CITY shall not award a contract for the work until after receipt of, STATE'S deposit required in Section n(1). 3. Neither STATE 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 CITY under or in connection with any work, authority or jurisdiction not delegated to STATE under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4 CITY shall fully indemnify and hold STATE 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 &ne by CITY under or in connection with any work, authority or jurisdiction mot delegated to STATE under this Agreement. 4. Neith'er CITY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, STATE 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 STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this Agreement. . 5. Should any portion of the PROJECT be financed with Federal funds or State gas . tax funds all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 6. If' upon opening of bids, it is found the amount deposited by STATE is in excess of the work on the basis of bid prices plus contingency items, the balance remaining shall be promptly refunded by CITY to STATE. If the excess is less than one thousand dollars ($1,000), no refund will be made until final accounting. 7. That this Agreement may be terminated and provisions contained herein may be altered, changed, or amended by mutual consent of the parties hereto, 8. Upon completion of all work under this Agreement, ownership and title to all materials and appurtenances which are installed within STATE right of way will automatically be vested in the STATE, and materials and appurtenances installed outside of STATE'S right of way will automatically be vested in the CITY, and no further Agreement will be necessary to transfer ownership 8s hereinafter stated. 9. If existing public and private utilities conflict with the construction of PROJECT, -, ' CITY will make all necessary arrangements with the owners of'such utilities for their protection, relocation. or removal. . CITY will inspect the protection, relocation or removal of such utilities. If there are costs of such protection, relocation or removal which STATE and/or CITY must legally pay, CITY will bear 'the entire cost of said protection, relocation or' removal. 5 . 10. STATE'S obligation under this agreement shall terminate upon completion and acceptance of PROJECT by STATE and CITY or on July 1, 1982, whichever is earlier in time; however, the ownership and maintenance clauses shall remain in effect until terminated in writing by mutual agreement. STATE OF CALIFORNIA Department of Transportation ADRIANA GIANTURCO Director of Transport at i on CITY .OF CARLSBAD Attest Jacob Dekema District Director of Transportation BY .. .. , .. z 0 4 4 I. 5 & w . ,. ... .. .* .. . I , , 6. 5' . . do- t c VONS