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HomeMy WebLinkAbout1990-04-10; Housing & Redevelopment Commission; Resolution 1661 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 i 24 25 26 1 27 ' I 28 1 l a 0 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. - If A RESOLUTION OF THE HOUSING AND REDEVELOPMENT, COMMISSION APPROVING COOPERATIVE AGREE" NO. 11-C BETWEEiN THE CITY OF CARLSBAD HOUSING AND REDEVEMI3 COMMISSION m = CALIFORNIA DEPARTMENT OF TRANSPORTATION TO REVISE NINE (9) EXISTING FREEWAY SIGNS ON INTERSTATE ROUTE 5 TO ACCOMMODATE THE mNZ! OF ELM AVENUE TO CARLSBAD VILLAGE DRIVE. WHEREAS, the City Council of the City of Carlsbad, on the 17th day of February, 1987, hold a duly noticed public hearing to consider the proposed street name chan and WHEREAS, at said public hearing, the Housing and Redevelopment Commission approved the street name change Elm Avenue to Carlsbad Village Drive from the eastern terminus to the ocean: and WHEREAS, the California Department of Transportatioi has estimated the cost of changing freeway signage on Interstate 5 to be $143,000; and WHEREAS, the Housing and Redevelopment Commission dj 1 on the 22nd day of August, 1989, approve the allocation c I I $143,000 from the Redevelopment Tax Increment Fund to COT I estimated cost of changing the highway signs. I ~ Now, TmREFbRE, BE IT HEREBY RESOLVED, by the Housir ! and Redevelopment Commission of the City of Carlsbad, as 1 ~ i follows: 1. The Cooperative Agreement No. 11-0422, attached hereto as Exhibit A and made a part hereof between the of the City of Carlsbad, California, and the California Department of Transportation is hereby approved and accepted. 0 0 1 2 2. That the Chair is hereby authorized and to exe 3 the agreement on behalf of the Commission. 4 4. That the Finance Director is hereby authorized 5 3. This Resolution shall take effect immediately. 6 $1 0,000 to from the Redevelopment Fund Balance. 7 appropriate, if necessary, funds in an amount not to exc 8 PASSED, APPROVED, AND ADOPTED at a regular meeting t 9 the Housing and Redevelopment Commission held on the % 1011 day of *Pril , 1990, by the following vote, to I 11 NOES: Council Members Mamaux and Larson 12 AYES: Council Members Lewis, Kulchin and Pettine 13 14 ABSENT : &me 15 16 13 14 ABSENT : None 15 16 1 17 // ATTEST : 25 26 27 28 , e e .$ , - ll-SD-5 R47.O/R51.3 11359-166620 Carlsbad Village Driv Agreement No. 11-0422 COOPERATIVE AGREEMENT This Agreement, entered into on is between STATE OF CALIFORNIA, acting by and through its Department Transportation, referred to herein as STATE, and CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, herei~ referred to as "City". RECITALS 1. STATE and CITY contemplate revising nine (9) existing fre' signs on Interstate Route 5 to accommodate the renaming of Avenue to IICarlsbad Village Drivel', referred to hereir "PROJECT" and desire to specify the terms and conditions UI which the signs are to be installed, financed and maintail SECTION I STATE AGREES: 1. To provide plans and specifications and all neces: construction engineering services for PROJECT. 2. To construct PROJECT by contract in accordance with the pl and specifications of STATE. 3. To maintain all those facilities constructed pursuant to 1 Agreement which lie within the STATE right of way. SECTION I1 CITY AGREES: 1. To deposit with STATE within 25 days of receipt of bill therefor (which billing will be forwarded immediat following STATE'S bid advertising date of a construct contract for PROJECT) , the amount of $143,000, which fig represents CITY'S estimated share of the expense e e .. preparation of plans and specifications, construct engineering, and construction costs required to compl PROJECT. CITY'S total obligation for said anticipated cos exclusive of claims, under this Agreement shall not exceed amount of $153,000 provided that CITY may, at its s discretion, in writing, authorize a greater amount. 2. CITY'S share of the expense of preparation of plans specifications, construction engineering, and construct costs shall be an amount equal to 100 percent of the act cost for entire PROJECT. 3. After opening of bids, CITY 1 s estimate of cost of PROJECT w be revised by STATE. based on actual bid prices compared STATE'S original estimate. CITY'S required deposit un Section II(1) above will be increased or decreased to ma said revised estimate. If deposit increase or decrease less than $1,000; no refund or demand for additional depo will be made. until final accounting when CITY will pay additional sum required upon receipt of billing by STATE, STATE will refund unused deposit balance. SECTION I11 IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement subject to the appropriation of resources by the Legislat and the allocation of resources by the Califor Transportation Commission. 2. STATE shall not award a contract for the work until af receipt of CITY'S deposit required in Section II(1). 3. That neither STATE nor any officer or employee thereof sh be responsible for any damage or liability occurring by rea of anything done or omitted to be done by CITY under or connection with any work, authority or jurisdiction delega to CITY under this Agreement. It is also understood agreed that, pursuant to Government Code Section 895.4, C shall fully indemnify and hold STATE harmless from liability imposed for injury (as defined by Government C Section 810.8) occurring by reason of anything done or omit to be done by CITY under or in connection with any wo authority or jurisdiction delegated to CITY under t Agreement. 4. That neither CITY nor any officer or employee thereof, responsible for any damage or liability occurring by rea of anything done or omitted to be done by STATE under or connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also underst and agreed that, pursuant to Government Code Section 895 ,. 5. . 6. 7. 8. 9. 10. 11. e 0 -. - STATE shall fully indemnify and hold CITY harmless from liability imposed for injury (as defined by Government C Section 810.8) occurring by reason of anything done or omit to be done by STATE under or in connection with any wo authority or jurisdiction not delegated to CITY under t Agreement. After opening bids for PROJECT, and if bids indicate a c overrun of no more than 7% of the estimate will occur, ST may award the contract. If upon opening of bids it is found .that a cost over exceeding 7% of the estimate will occur, STATE and CITY sh endeavor to agree upon an alternative course of action. ST may thereafter award the construction contract upon CIT approval to do so. If CITY refuses to authorize the award the contract, CITY shall concurrently give STATE directi as to what further actions STATE must take before s contract may be awarded or re-advertised. All costs incur by STATE in carrying out CITY'S directions shall be borne CITY. Prior to award of the construction contract for PROJECT, C CITY pays STATE for all project costs incurred by STATE. Should any portion of PROJECT be financed with Federal fu or State gas tax funds, all applicable procedures and polic relating to the use of such funds shall apply notwithstand other provisions of this Agreement. Upon completion of all work under this Agreement, owners and title to all signs installed will automatically be ves in STATE and no further agreement will be necessary transfer ownership to STATE. The cost of any engineering or maintenance referred to her shall include all direct and indirect costs (functional administrative overhead assessment) attributableto such wo applied in accordance with STATE'S standard account procedures. may terminate this Agreement by written notice, provided t That this Agreement shall terminate upon completion acceptance of PROJECT construction contract by STATE or December 31, 1992, whichever is earlier in time. Should claim arising out of PROJECT be asserted against STATE, C agrees to extend the termination date of this Agreement provide additional funding as required to cover CITY'S sh e e 0 * of costs -or execute a subsequent agreement to cover th eventualities. STATE OF CALIFORNIA CITY OF CARLSBAD Department of Transportation Housing & Redevelopment Commissic ROBERT K. BEST Director of Transportation CLAUDE A. LEWIS, Chairperson BY BY Chief Deputy District Director Attest: RAYMOND R. PATCHETT, Secretary Approved as to Form and Procedure: APPROVED AS TO FORM: Attorney California Department of Transportation RONALD R. BALL, Assistant Ci Approved as to Funds and Procedure: District Accounting Officer