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HomeMy WebLinkAbout1996-02-13; City Council; Resolution 96-571 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 g)Ci-lIBL-T 1 0 0 RESOLUTION NO. 9 6 - 5 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAC CALIFORNIA, APPROVING AMENDED AGREEMENT NO. 11-8156 WITH THI STATE OF CALIFORNIA FOR MAINTENANCE OF CITY-OWNED TRAFFN SIGNAL CONTROLLER ASSEMBLIES ONLY WHEREAS, the City of Carlsbad, hereinafter referred to as "City" has an agreement for maintenance of City-owned traffic signal systems in close proximtty to ramp signals with the State of California, Department of Transportation, District 11, hr referred to as "Caltrans"; and, WHEREAS, the City and Caltrans mutually agree that both parties are served be: modification of this agreement; and, WHEREAS, the fiscal impact to the City resulting from these changes is expectc minimal. NOW, THEREFORE, BE IT RESOLVED, by the Ctty Council of the City of Carl follows: 1. 2. The above recitations are true and correct. The Mayor is hereby authorized to execute said agreement, attached hc Attachment A. The City Manager is authorized to modify this agreement in the future. 3. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbi regular meeting held on the 13th day of February , 1996, by the following vote AYES: NOES: None Council Members Lewis , Nygaard, Kulchin, Finnila and I ABSENT: None CLAUDEA. LEWIS, Mayor fit LCLLLLLILCLL I- Page 1 of 3 Agreement No. 1 1-81 I 0 0 WORK FOR OTHERS AGREEMENT WITH CITY OF CARLSBAD The CITY of Carlsbad, a municipal corporation of the State of California, here referred to as "CITY," and the State of California, Department of Transportation, C 1 1 , hereinafter referred to as "STATE," do enter into the following agreement: WHEREAS, CITY pursuant to Section 131 of the Streets and Highways Co requested STATE to maintain traffic control signal systems on the City Street Sys shown on Exhibit "A" attached hereto, and by this reference made a part hereof WHEREAS, STATE does have qualified personnel available to perforr- maintenance of said traffic control signal systems within the CITY; and WHEREAS, STATE and CITY will mutually benefit from said maintenar providing safety to the traveling public; and WHEREAS, CITY and STATE do mutually desire to cooperate and to specify the conditions and the maintenance to be done: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION I For and in consideration of the covenants and conditions to be kept and perf( by STATE as set forth herein, CITY agrees: (a) That the degree or extent of maintenance work to be performed ar standards therefore shall be in accordance with the provisions of Secti of the Streets and Highways Code and the provisions of this Agreem as may be prescribed from time to time by the District Director. "DIS' DIRECTOR," as used herein, means the District Director of the Depari of Transportation assigned to the territory in which the CITY is locatl his authorized representative. (b) To reimburse STATE for the actual cost of said maintenance, incl assessments for indirect charges to be made at rates which are in eff the time said costs arise. That said maintenance will be provided when requested by CITY. (cl L Page 2 of 3 0 0 (d) That said maintenance will be done as the work load of STATE'S permits and if said work load becomes too great, this Agreement n terminated sixty calendar days after CITY receives written noticc STATE, To indemnify and save STATE, its officers, agents, and employees ha from any and ail liability for injuries to persons or damage to property c or resulting in any manner from STATE'S performance under this Agret excepting for injuries to person or damage to property caused or re from the sole negligence or willful rnisdonduct of STATE, its officers, a and employees. (e) SECTION II For and in consideration of the covenants and conditions to be kept and per by CITY as set forth herein, STATE agrees: (a) To maintain traffic control signal systems at locations shown in Exhi in accordance with the provisions of Section 27 of the Streets and Hic Code when requested by CITY. STATE maintenance will be lim controller assembly maintenance only. To bill CITY monthly for actual costs required to maintain said traffic signal systems, including assessments for indirect charges to be n rates which are in effect at the time said costs arise. (b) L , Page 3 of 3 0 e \ IN WITNESS' WHEREOF, the parties hereto have caused this Agreement executed by their respective officers, duly authorized; the provisions of which Agre are effective . This Agreement shall remain in full force and until December 31, 1999 or until amended or terminated. City Clerk * Approved as to form and STATE OF CALIFORNIA procedure: DEPARTMENT OF TRANSPORTATI( JAMES VAN LOBEN SELS Attorney Director of Transportation Department of Transportation __ - _- BY City Atlplrney District Division Chief Division of Maintenance BY , L . e e EXHIBIT "A" 1 Ci of CARLSBAD Effective: September 15, 19 Revised: January 23, 19 LOCATION INTERSECTlON DESCRIPTION 1. El Camino Real at Plaza Drive 2. El Camino Real at Marron Road 3. Palomar Airport Road at Paseo del Norte 4. Palomar Airport Road at Avenida Encinas 5. Poinsettia at Paseo del Norte 6. Poinsettia at Avenida Encinas 7. Carisbad Village Drive at Pi0 Pic0