HomeMy WebLinkAboutCalifornia, State of; 1970-04-07;ll-SD-5
46.7 - 50.211208-039721
Chestnut Ave. U. C.
Dist.Agree.#11-0061
THIS AGREEMENT, MADE AND ENTERED INTO THIS
7th DAY OP April , 1970,
BY AND BETWEEN
CITY OP CARLSBAD, a body politic
and a municipal corporation of
the State of California, herein-
after referred to as "CITY"
AND
STATE OP CALIFORNIA, acting by
and through its Business and
Transportation Agency, Depart-
ment of Public Works, Division
of Highways, hereinafter referred
to as "STATE"
WITNESSETH
WHEREAS, STATE contemplates widening Interstate Route 5
Freeway by construction contract from four lanes to eight lanes
between 0.5 mile south of Cannon Road and Buena Vista Creek
Bridge, and
WHEREAS, no Undercrossing of the existing four-lane
freeway is provided for at Chestnut Avenue, and
WHEREAS, Chestnut Avenue is included in CITY'S Select
System and is planned as a major East-West arterial to link the
portions of the City bisected by the freeway, and
WHEREAS, current rapid population growth and industrial
development indicate a need to provide an Undercrosslng at this
time, and
WHEREAS, CITY has formally requested STATE by resolu-
tion Number 1564 dated October 16, 1969, to construct said Under-
crossing and has indicated a willingness to participate in the
cost, and
WHEREAS, it is economically advantageous to construct
said Undercrossing in conjunction with STATE'S contemplated
widening project, and
WHEREAS, CITY and STATE will mutually benefit from
improved traffic flow and relief of congestion at the adjacent
Interchanges at Tamarack Avenue to the South and at Elm Avenue
to the North, and
WHEREAS, CITY and STATE do mutually desire to cooperate
in construction of the aforesaid Undercrossing and desire to
specify herein the terms and conditions under which said Under-
crossing shall be constructed, financed and maintained;
NOW, THEREFORE, in consideration of the covenants and
conditions herein contained, the parties hereto agree as follows:
SECTION I
STATE AGREES:
1. To include construction of an Undercrossing at
Chestnut Avenue in STATE'S contract for widening the portion of
Interstate Route 5 between 0.5 mile south of Cannon Road and
Buena Vista Creek Bridge.
- 2 -
2. To construct the aforesaid Undercrossing to the
widths and structural sections shown on Exhibit "A," dated
January 14, 1970, attached and by this reference made a part
of this Agreement.
3. To prepare plans and specifications for said
improvements.
4. To bear the entire cost of preparing said plans
and specifications except for any preliminary engineering
furnished directly by CITY.
5. To bear all construction costs and construction
engineering costs, except as hereinafter provided in Section II.
SECTION II
CITY AGREES:
1. Upon award by STATE of a construction contract
for widening the aforementioned portion of Interstate Route 5*
to reimburse STATE upon receipt of billing therefor, a lump
sum amount of $8,000.00. Said figure represents the estimated
total cost that CITY would have incurred in constructing
Chestnut Avenue across the freeway right of way if the freeway
did not exist. The amount of $8,000.00, represents CITY'S
entire financial obligation pursuant to this Agreement.
2. To accept full control and maintenance of all
improvements constructed outside of STATE'S freeway right of
way pursuant to this Agreement. Delegation of maintenance of
facilities within said State Highway right of way will be
covered In a subsequent Maintenance Agreement.
- 3 -
SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. That obligations of STATE under terms of this
Agreement are subject to the allocation of funds by the
California Highway Commission.
2. That neither STATE 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
CITY under or in connection with any work, authority or Juris-
diction delegated to CITY under this Agreement. It is also
understood and agreed that, pursuant to Government Code
Section 895.4, CITY shall fully indemnify and hold STATE harm-
less 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 CITY under or in connection with
any work, authority or Jurisdiction delegated to CITY under
this Agreement.
3. That neither 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 STATE under
or in connection with any work, authority or Jurisdiction not
delegated to CITY under this Agreement. It is also understood
and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully indemnify and hold CITY 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 STATE under or in connection with any work,
authority or Jurisdiction not delegated to CITY under this
Agreement.
4. That, should any portion of the project be
financed with Federal Funds or State gas tax funds, all appli-
cable procedures and policies relating to the use of such funds
shall apply notwithstanding other provisions of this Agreement.
, IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by their respective officers,
duly authorized, the provisions of which Agreement are effective
as of the day, month and year first hereinabove written.
STATE OF CALIFORNIA
Department of Public Works
Division of Highways
J. A. LEGARRA
State Highway Engineer
By
Distinct Engineer
CITY OF CARLSBAD
By iyor
Attest:
Cltflr 01 erk
/
Approved as to Form and Procedure
City Attorney
- 5 -