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Home My WebLink About1983-05-03; City Council; 7367; Approval of Agreement between City and SD countyAB# z'3b7 MTG. 5-3-83 DEW. EN6 U\ 1 RECOMMENDED ACTION: DEPT. HD. CITYAH&!! CITY MOW- T~TLE~PPROVAL OF AGREEMENT BETWEEN CITY OF CARLSBAD AND SAN DIEGO COUNTY REGARDING TRAFFIC SIGNALS Adopt Resolution No. 0 approving an agreement between the City to execute. ITEM EXPLANATION: This agreement provides for the County to contribute $50,000 toward the construction of a traffic signal at Palomar Airport Road and Yarrow. (The entrance to the Airport.) The Developer will contribute the remaining portions of funding as soon as the City awards. Staff will proceed with advertisement and construction upon County supplying the monies. of Carlsbad and the F ounty of San Diego, and authorizing the Mayor I FISCAL IMPACT: In this agreement 'for Coun.ty funding for the traf.fic signal, no City monies should be involved except for administrative costs. 1 EXHIBIT: approving an agreement between the City of Carlsbad an the County of San Diego, and authorizing the Mayor to execute. (Agreement attached.) F 1. Resolution No. i 19 20 L, RESOLUTION NO. 7208 181.983, by the following vote, to wit: AYES: Council Members Casley, Lewis, Kulchin, Chick and Prescot NOES: None 1 2 3 4 5 21 22 23 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR THE INSTALLATION OF A TRAFFIC SIGNAL AND ULTIMATE WIDTH ROAD IMPROVEMENTS AT PALOMAR AIRPORT. PALOMAR AIRPORT ROAD AND THE ENTRANCE TO McCLELLAN- ABSENT: None The City Council of. the City of Carlsbad, California, does ereby resolve as follows: 1. That certain agreement between the' City of Carlsbad and he County of San Diego for the'installation of a traffic signal, nd ultimate road improvements at Palomar Airport Road and the ntrance to McClellan-Palomar Airport, a copy of which is ttached hereto and incorporated herein by reference, is hereby I. 2. The Mayor of the City of Carlsbad is hereby authorized ted to execute said agreement for and on behalf of the PASSED, APPROVED AND ADOPTED at a regular meeting of the City 'I 17#ouncil of the City of Carlsbad held the 3rdday of May MARYJH. CASLER, Mayor ~TTEST: 25 26 !,LETHA L. RAUTENK 27 ' 28 - .. . .., I. AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR THE INSTALLATION OF A TRAFFIC SIGNAL AND ULTIMATE WIDTH ROAD IMPROVEMENTS AT PALOMAR AIRPORT ROAD AND THE ENTRANCE TO McCLELLAN-PALOMAR AIRPORT THIS AGREEMENT, executed this, day of , 1983, by and between the CITY OF CARLSBAD, a municipal corporation hereinafter called the 'City" and the COUNTY OF SAN DIEGO, a political subdivision of the State of California hereinafter called the "County". 0. WITNESSETH . WHEREAS, the intersection of Palomar Airport Road and the entrance to . McClellan-Palomar Airport and its approaches to this intersection are completely c within the City's jurisdictional boundaries; and WHEREAS, said intersection is immediately adjacent to ;he County property known as McClellan-Palomar Airport; and WHEREAS, Palomar Airport Road is a primary entrance to McClellan-Palomar Airport; and WHEREAS, Palomar Airport Road is a primary thoroughfare on the Circulation Element of the City General Plan; and WHEREAS, Palomar Airport Road has not been fully developed to ultimate road width; and 1 WHEREAS, the traffic signal is on the City approved traffic signal list; ' # and - WHEREAS,.it is the intent of the Airport Enterprise Fund to contribute $50,000 toward the construction of a traffic signal arid ultimate width road improvements at said intersection in order to improve traffic flow; and - - I* -2- WHEREAS, the City and County desire to enter into an agreement for the construction of a traffic signal and ultimate width road improvements at the intersection of Palomar Airport Road and the entrance to McClellan-Palomar Airport; and WHEREAS, the City will maintain and operate sa'id traffic signal and .. road improvements. NOW THEREFORE, 8s fOllOwS: 1. City shall IT IS MUTUALLY AGREED by and between the City and County . prepare plans and specifications for construction of a .- traffic signal system and ultimate road width improvements consisting of road preparation, sidewalks, curbs and gutters at the intersection of Palomar Airport Road and the entrance of McClellan-Palomar Airport. The City shall award a contract for the construction of said traffic signal. and road dmprovements subject to the conditions hereinafter set forth. I8 2. City shall obtain requisite environmental clearances and General Plan conformance reports. 3. City shall provide all engineering, design, service and inspection to be performed prior to and during the construction of said project. 4. County shall provide all necessary easements to install the traffic signal at the Palomar Airport Road entrance to McClellan-Palomar Airport. 5. County shall deposit -with the City the sum of $50,000 within thirty (30) days after receipt of written notification from the City that the contract for construction has been awarded. (a) The engineers estimate to completely install the signal system is currently estimated at $70,000. 'I (b) (c) The engineers estimate for the road improvements is $15,000. The balance of this cost will be funded by the City from other sources. . 6. The City shall not incur costs on behalf of the County related to this project in excess of $50,000. After all construction costs are known and distributed the County shall be reimbursed ' estimates as .. 41. C) Dl 7. The .t follows : The County shall contribute a. traffic signal construction. 4' if actual costs are less than # maximum of $35,000 toward the In The event that actual construction costs of the traffic signal system are less than $70,000, County participation shall not exceed 50% of the actual costs and City shall reim- burse the difference to the County within 60 days of final accounting of the pro j ect . The County shall contribute a maximum of $15,000 toward the road improvements. In the event that actual construction costs of the road improve- ments are less $15;000, City shall reimburse the difference to the County within 60 days of final accounting of the project. County shall riot participate in nor contribute funds to the City toward the construction contract for the project unless the construction contract includes provisions substantially similar to the County Affirmative Action /- Program adopted by the Board of Supervisors, including all current amendments, on file with the Clerk of the Board of Supervisors. . 8, (a) County, 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, causcd by or resulting from any -4- negligent acts or omissions of City, or its agents, employees, or representatives, including liability by reason of acts or omissions caused by City, its agents, employees, or representatives. (b) City further agrees to indemnify, and save free and harmless, 4 *. County and its authorized agents, officers and 'employees against negligent acts or omission caused by City, its agents or employees, and any cost and expenses incurred by the respective parties on account of .. any claim therefor, and County agrees to indemnify and save free and harmless City and its authorized representatives and employees against negiigent acts or omissions caused by County, its agents or employees, and any cost and expenses incurred by the respective parties on account of any claim therefor. .. [c) It is contemplated by the parties that this indemnity agreement is n'ot limited in force and held by either party. 9. This agreement may not be modified, amended or otherwise changed unless by an amendment in writing executed by the parties hereto. 10. This agreement shall be terminated after completion of construction of . the improvements and payment of all amounts due under terms of this agreement. a IN WITNESS WHEREOF, this agreement is executed by the City of Carlsbad pursuant to action taken by its City Council and by the County of San Diego pursuant to action taken by the Board of Supexhsors. t RECOMENDED BY: CITY OF CARLSBAD L R. J. MASSMAN, Director Department of Public Works APPROVED AS TO FORM: BY , MAYOR CITY ATTORNEY Y COUNTY OF SAN DIEGO BY BY ' COUNTY COUNSEL BV 7