Loading...
HomeMy WebLinkAboutCC RESO 11,636RESOLUTION NO. 11,63E RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND CITY OF NATIONAL CITY FOR INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING SYSTEMS AT ROUTE 54 - REO DRIVE, TONAWANDA DRIVE AND VALLEY ROAD BE IT RESOLVED by the City Council of the City of National City, California as follows: That the City Manager is authorized and directed to execute that certain agreement between the City of San Diego and City of National City for installation of traffic signal and safety lighting systems at Route 54 - Reo Drive, Tonawanda Drive and Valley Road, a copy of which is attached hereto and is hereby incorporated by reference. PASSED AND ADOPTED this 10th day of December, 1974. ATTEST: THIS AGREEMENT IS HEREBY MADE AND ENTERED INTO THIS DAY OF , 19 BY AND BETWEEN AND Traffic Signal and Safety Lighting Systems at Route 54 - Reo Drive Tonawanda Drive and Valley Road' CITY OF SAN DIEGO a body politic and a municipal corporation of the State of California, hereinafter referred to as "San Diego" CITY OF NATIONAL CITY a body politic and a municipal corporation of the State of California hereinafter referred to as "National City" W I T N E S S E T H: WHEREAS, San Diego and National City desire to construct traffic signal and safety lighting systems at Route 54 - Reo Drive- Tonawanda Drive and Valley Road at boundary of each, and WHEREAS, it is in the public interest to combine the projects and coordinate the signal systems for the convenience of the travelling public, and WHEREAS, National City desires that San Diego design and administer this project, and WHEREAS, the combined project is eligible for partial financing from Federal grant funds for which application is to be made, and WHEREAS, it is now the desire of San Diego and National City to agree upon the terms and conditions under which said work will be designed, constructed, financed and maintained NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION I SAN DIEGO AGREES 1. To prepare plans and specifications for said traffic signal and safety lighting systems. 2. To submit plans for the proposed improvement to National City for review and approval. 3. To comply with all requirements for Federal Aid Urban Funding. 4. Upon completion of the project to furnish National City a Final Report of expenditures and a set of "as built" plans. 5. To pay 50% of the cost of the traffic signal and safety lighting system including engineering exclusive of the Federalshare of total project costs. 6. To maintain said traffic signal and safety lighting system and to bear 50% of the share of such energy and maintenance expenditures. SECTION II NATIONAL CITY AGREES 1. To deposit with San Diego within 30 days of receipt of billing therefor (which billing will be forwarded prior to advertising a construction contract for the aforesaid installation of signal systems), the amount of $7,500.00 which figure represents National City's estimated project cost required to complete the installation of the signal systems referred to herein. 2. That should the actual cost to install the signal systems exceed the deposit, to pay San Diego the difference between the actual cost and the deposit. In the event the actual cost is less than said deposit, San Diego will refund the difference between the actual cost and the amount of the deposit received from National City. -2- 3. To pay 50% of the cost of the traffic signal and safety lighting systems including engineering exclusive of the Federal share of total project costs. 4. To pay its fifty percent 00%) share of energy and maintenance costs for as long as the installation exists. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That obligations of each City under terms of this Agreement are subject to the allocation of funds by the California Highway Commission and the Federal Highway Administration. 2. That neither San Diego 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 National City under or in connection with any work, authority or jurisdiction delegated to National City under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, National City shall fully indemnify and hold San Diego 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 National City under or in connection with any work, authority or jurisdiction delegated to National City under this Agreement. 3. That neither National 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 San Diego under or in con- nection with any work, authority or jurisdiction not delegated to National City under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, San Diego shall fully indemnify and hold National City harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by -3- reason of anything done or omitted to be done by San Diego under or in connection with any work, authority or jurisdiction not delegated to National City under this Agreement. 4.- San Diego will make application for financing this project with Federal funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. IN WITNESS WHEREOF, This Agreement is executed by the City of San Diego acting by and through its City Manager, pursuant to Resolution No. authorizing such execution, and by National City. Dated this day of , 1974 THE CITY OF SAN DIEGO By Assistant to the City Manager THE CITY OF NATIONAL CITY By Assistant to the City Manager 1 HEREBY APPROVE the form and legality of the foregoing Agreement this day of , 1974. JOHN W. WITT, City Attorney By -4-