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HomeMy WebLinkAbout1981-05-05; City Council; 6581; El Camino Real at Levante signal- , I 4 e.. II' CITY OF CARLSBAD LCD:mmt Initial : AGENDA RILL NO. - 6 5-8 1 DATE : May 5, 1981 C. Atty VFA Dept. Head 2 DEPARTMENT: Engineering SUBJECT : EL CAMINO REAL AT LEVANTE SIGNAL - STATEMENT OF THE MATTER The County of San Diego has proposed an agreement for cost sharing of the signal at El Camino Real and Levante. The staff has reviewed the agreement and finds that after modification to prevent excessive administrative charges, it is an acceptable agreement. The agreement provides for a one-third cost by the City and two-thirds by the County, after developer contribution. This contract follows the pattern set by the Palomar Airport Road and El Camino Real signal agreement with a limitation on administrative costs. FISCAL IMPACT The current estimated cost of this signal is $84,000 with City's share antici- pated not to exceed $13,000. Funds in this amount are in the contingency reserve account of 1-139-2450. There are $45,000 of developer contributfons. The one-third annual operation cost will have to be budgeted through Utilities/ Maintenance. The Utility/Maintenance Director is aware of this. The estimate of annual operating costs is approximately $3000 with approximately $1000 chargeable to the city. ENVIRONMENTAL STATEMENT The County as administrator will deal with the environmental considerations. RECOMMENDAT I ON That Council approve the agreement between the City of Carlsbad and the County of San Diego for the construction and maintenance of a traffic signal at El Camino Real and Levante Street. EXHIBITS 1. Agreement 2. Resolution , authorizing Mayor to execute agreement between the County of San Diego for the construction and main- tenance of a traffic signal at El Camino Real and Levante Street. COUNCIL ACTION: 5-5-81 Council adopted Resolution No. 6507, approving the agreement with of San Diego for canstructim and maintenance of a traffic signal Real and Le Vante St. the county at El Camino 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6507 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR THE CONSTRUCTION AND MAINTENANCE OF A TRAF- FIC SIGNAL AT EL CAMINO REAL AND LEVANTE STREET 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 the County of San Diego for the construction and maintenance of a traffic signal at El Carnino Real and Levante Street, attached hereto as Exhibit "A" and incorporated by reference, is hereby approved 2. The Mayor of the City of Carlsbad directed to execute said agreement for and on PASSED, APPROVED AND ADOPTED at a regu s hereby authorized and behalf of the City of Carlsbad. ar meeting of the City Council of the City of Carlsbad held the 5th day of May , 1981, by the following vote, to wit: AYES : Council Wers Packard, Casler, Anear, Imis and Kulchin. NOES : ABSENT : ATTEST: SONALD C. PACKARD, Mayor 1 ALETHA apetjkPG- L. RAUTENKRANZ, City Clerk ( s EAL) , - EXHIBIT "A" AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR THE CONSTRUCTION AND MAINTENANCE OF A TRAFFIC SIGNAL AT EL CAMINO REAL AND LEVANTE STREET THIS AGREEMENT, executed this day of ¶ 1981 by and between the City of Carlsbad, a municipal corporation herein- after called the "City" and the County of San Diego, a political sub- division of the State of California hereinafter called the "County". WITNESSETH WHEREAS, the intersection of El Carnino Real and Levante Street is a "7" intersection with two of the approaches originating within the County and the remaining approach within the City; and WHEREAS, it is the intent of City and County to share the cost of this signal installation; and WHEREAS, the City and County desire to enter into an agreement for the construction and maintenance of a traffic signal system at this intersection; NOW THEREFORE, IT IS MUTUALLY AGREED by and between the City and County as follows: 1. The County shall prepare plans and specifications for construc- tion of a traffic signal system at the intersection of El Camino Real and Levantc Street. No construction shall begin, however, until the plans .. and specifications for the traffic signal system have been approved by the duly authorized representative of the City and by the Director, Department of Public Works on behalf of the County. The County shall advertise and award a contract for the construction of said traffic signal system in accordance wi th appl i cab1 e competi tive bi ddi ng 1 aws. 2. The City, prior to commencement of construction of the above traffic signal system, shall furnish the necessary excavation permits required for the work to be performed in the street under the City's j urisdi cti on. The City shall expedi te and issue the necessary excava- tion permits without charge to the County. shall be obtained by the County. Envi ronmcntal clearances - 3. County shall provide and pay for all engineering, design, service and inspection to be performed prior to and during the con- struction of said project, and County will pay all construction costs of project , provided however , that City shall reimburse County as specified in paragraphs 4, 5 and 6 of this agreement. 4. City and County agree to the following method of cost sharing for the preliminary engineering, design, construction, construction inspection and other services necessary for the installation and main- tenance of this traffic signal system: A. The total tost to install this signal system to include necessary safety 1 ighting is currently estimated at $84,000. -2- B. Developer contributions received by City and County for this signal system shall be deducted from the signal's actual construc- tion cost and by the remaining amount shall be borne 1/3 by the City and 2/3 by the County. C. Administrative Costs (County Labor and Overhead) shared by the City and County, shall not exceed 20% of the total project cost. Those administrative costs beyond 20% of the total project cost which are incurred by the County, at the County's option, or because of the County's error shall be borne entirely by the County. . D. Administrative Costs (County Labor and Overhead), which exceed 20% of the total project cost, and are the result of changes to the project or contract which have been made at the City's option, or because of the City's error, shall be borne entirely by the City. 5. After bids for the project have been received by the County, the County shall notify the City of the lowest responsible bid and shall obtain the City's approval prior to the award of any contract for the project. 6. After bid opening, City shall, upon receipt of an invoice from the County, deposit with County within thirty (30) days, funds currently estimated at $28,000. cover the City's estimated 1/3 share of the signal installation's total cost, as identified in paragraph 4.8, and based on the actual contract award amount and related County costs incurred to date and remaining The specific amount of deposit however, shall -. estimated expenses to complete the traffic signal installation. -3- 4 7. After al'l actual construction costs are known and distributed, excess funds, if any, remaining from the City's deposit, shall be returned to the City. 8. The City's share of costs shall not exceed the City's deposit amount without written approval of the City. 9. The County hereby agrees to maintain, operate, and repair the entire installation including the traffic signals, lighting systems, and to pay the cost of power therefor. . These on-going operational expenses shall be shared 2/3 County and 1/3 City. 10. (a) City, its agents, officers and employees, shall not be held liable for any claims, liabilities, penalties, fines, or for damage to any goods, properties or effects or any person whatsoever, nor for personal injuries to, or death of them, caused by or resulting from any negligent acts or omissions of County, or its agents, employees, or representatives, including liability by reason of acts or omissions caused by County, its agents, employees, or representatives. (b) County, its agents, officers and employees, shall not be liable for any claims, liabilities, penalties, fines, or for damage to any goods, properties or effects or any person whatsoever, nor for per- sonal injuries to, or death of them, caused by or resulting from any negligent acts or omissions of City, or its agents, employees, or repre- sentatives, including liability by reason of acts or omissions caused by City, its agents, employees, or representatives. -4- (c) County further agrees to indemnify, and save free and harmless, City and its authorized agents, officers and employees against negligent acts or omission caused by County, its agents or employees, and any cost and expenses incurred by the respective parties on account of any claim therefor, and City further agrees to indemnify and save free and harmless County and its au.thorized representatives and employees against negligent acts or omissions caused by City, its agents or employees, and any cost and expenses incurred by the respective parties on account of any claim therefor.. (d) It is contemplated by the parties that this indemnity agreement is not limited in any way be the extent of any policy of insurance currently in force and held by either party. 11. Obligations of City under terms of this agreement are con- tingent upori allocation and availability of funds in the FY 81-82 City Budget as approved by the City Council. 12. Obligations of County under terms of this agreement are con- tingent upon allocation and availability of funds in the FY 80-81 and or subsequent FY 81-82 budget a,s approved by the Board of Supervisors. .- 13. This agreement may not be modified, amended or otherwise changed unless by an amendment in writing executed by the parties hereto. -5- 14. This agreement shall be terminated after completion of con- struction of the traffic signal system and payment of all amounts due under terms of this agreement. 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. RECOMMENDED: CITY OF CARLSBAD Department of Pub1 ic Works APPROVED AS TO FORM: COUNTY OF SAN DIEGO '