HomeMy WebLinkAboutCalifornia, State of; 1971-05-28;ll-SD-78
0.2 - 1.311201-040961
JEFFERSON STREET
Dist.Agree.#11-0025
THIS AGREEMENT, MADE AND ENTERED INTO THIS
OF ^£*^__ ,1971,
BY AND BETWEEN
CITY OF CARLSBAD
a body politic and a municipal
corporation of the State of
California, hereinafter referred
to 'as "CITY"
AND
STATE OF CALIFORNIA
acting by and through its
Business and Transportation
Agency, Department of Public
Works, Division of Highways,
hereinafter referred to as
"STATE"
WHEREAS, STATE contemplates construction of an
Interchange on State Highway Route 78 at Jefferson Street
as part of a continuing program to improve Route 78 to free-
way standards, and
WHEREAS, the proposed Interchange lies within the
City of Oceanside which is contiguous to the City of Carlsbad
at this location, and
WHEREAS, CITY contemplates construction of Marron
Road parallel to and south of Highway 78 feo a four-lane width,
and
W
WHEREAS, CITY has requested STATE to revise the
planned alignment of the south leg of Jefferson Street to
connect to Marron Road, and
WHEREAS, said realignment necessitates replacement
of existing drainage features by construction of a bridge,
PCC channel lining and placement of rock slope protection in
the channel, and
WHEREAS, CITY has agreed to pay the entire cost of its
share of the improvement which is considered to be that portion of
work necessitated by the aforesaid realignment of the south
leg of Jefferson Street, and
WHEREAS, both CITY and STATE now desire to agree on
terms, conditions and manner in which the work will be
accomplished, maintained and payment made therefor.
NOW, THEREFORE, in consideration of the covenants
and conditions herein contained, the parties hereto agree as
follows:
SECTION I
STATE AGREES:
1. To include in STATE'S contemplated interchange
project at Jefferson Street, the construction of improvements
for CITY as itemized on Exhibit A dated March 15, 1971,
attached and by this reference made a part of this agreement, and
as colored blue and brown on Exhibit B dated February 15, 1970,
attached and by this reference made a part of this agreement.
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2. To prepare plans and specifications for said
improvements.
3. To bear the entire cost of preparing said plans
and specifications except for those costs specifically enumerated
herein as being borne by CITY.
4. To bear all costs for removal of the existing
Buena Vista Creek Bridge.
5. To bear all other construction costs and con-
struction engineering costs except for those costs specifically
enumerated herein as being borne by CITY.
6. To submit plans for the proposed improvements to
CITY for review and approval.
7. Upon completion of the project, to furnish CITY
a Final Report of Expenditures and a set of "As Built" plans.
SECTION II
CITY AGREES:
1. To acquire additional rights of way, vested in
the name of CITY, as necessary to accommodate the realignment of
Jefferson Street to Join Marron Road and to also provide right
of way for the temporary connection.
2. To bear the entire cost of acquiring the aforesaid
rights of way, including the writing of legal descriptions, pre-
paration of deeds, and the cost of any preliminary engineering
done by CITY.
3. To deposit $212,000.00 (said amount being the CITY'S
estimated share) with STATE, in three payments as follows:
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(I). Within thirty days after advertisement
of the project and upon demand therefor, the sum of $70,000.00,
said sum to be the first of three payments.
(2). Within thirty days after expiration of the
fifth month following the date of advertisement and upon
demand therefor, the sum of $70,000.00, said sum to be the
second of three payments.
(3). Within thirty days after expiration of
the tenth month following the date of advertisement and upon
demand therefor, the sum of $72,000.00, said sum to be the
third of three payments for CITY'S estimated share of cost
for the aforesaid Improvements.
The final cost to CITY for construction of said
improvements (including preliminary engineering and construction
engineering) will be determined upon completion of STATE'S pro-
ject and of all work incident thereto and shall be computed in
accordance with the following schedule:
(a) Construction Cost - The final cost to CITY for
construction of said improvements (except for supple-
mental work and any additional or extra work) shall
be based upon the low bid for STATE'S contemplated
project and shall be determined upon opening of bid
proposals for STATE'S contemplated project. Said
cost shall be determined by multiplying the final
Highway Engineer's estimated cost of contract items for
said improvements, as shown on Exhibit A and colored
blue and brown on Exhibit B, by a factor determined by
dividing the total figure submitted by the successful
low bidder for aforesaid project and improvements by
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the final Highway Engineer's total estimated cost
of contract items for aforesaid project and improve-
ments, which resultant amount, currently estimated
to be $170,572.00, will constitute CITY«S entire
obligation for this portion of construction of said
Improvement s.
(b) Supplemental Construction and Contingency Costs -
CITY'S share of such costs will be the actual cost of
all supplemental work and/or STATE furnished material
and service directly attributable to work involved in
the construction of the aforesaid improvement, all of
which is estimated to be $9*088.00 (Supplemental work
shall include but not be limited to maintaining
traffic and signs, construction sign depreciation,
moving, erecting and repairing signs, water for dust
control and other incidentals). Payment for work
referred to herein shall be determined in accordance
with applicable sections of the California Standard
Specifications or modifications thereto which may
appear in the Special Provisions relative to work to
be performed under the aforesaid contract.
(c) Extra or Additional Construction Costs - In
the event that CITY desires any additional or extra
work over and above that specifically provided for
herein, or in the event of unforeseen circumstances
additional work is required to construct said im-
provements, such work will be financed by CITY at
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./"**»>,
CITY'S sole expense and accomplished by means of an
executed change order, approved by CITY in writing,
after receipt of a deposit of funds by CITY to cover
the cost of such work.
(d) Preliminary Engineering - CITY'S share of said
costs ^Including all direct and indirect costs (func-
tional and administrative overhead assessment)
attributable to such work, applied in accordance with
STATE'S standard accounting procedures/^ shall be an
amount representing 8$ of the total final construction
cost computed under subparagraphs (a), (b), and (c)
above. CITY'S share of preliminary engineering is
estimated to be $14,370.00.
(e) Construction Engineering - CITY'S share of said
costs ^Including all direct and indirect costs (func-
tional and administrative overhead assessment)
attributable to such work, applied in accordance with
STATE'S standard accounting proceduresT" shall be an
amount representing 10$ of the total final construction
cost computed under subparagraphs (a), (b), and (c)
above. CITY'S share of construction engineering is
estimated to be $17,970.00.
In the event CITY'S actual cost exceeds the afore-
said deposit, CITY will pay STATE promptly upon receipt of
demand therefor, an additional sum equal to the difference
between CITY'S deposit and actual share.
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4. To accept full control and maintenance of
all improvements constructed within CITY outside of STATE'S
Highway right of way. Delegation of maintenance of facili-
ties within said State Highway right of way will be covered
in a subsequent Maintenance Agreement.
SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. That in the event the actual amount of CITY'S
share of the costs is less than CITY'S deposit, STATE will
refund the difference between CITY'S actual share and the
deposit.
2. That work covered by this agreement will be
supervised and inspected by a Resident Engineer furnished
by STATE. Said Resident Engineer shall cooperate and con-
sult with CITY'S representatives, but decisions of STATE'S
engineer shall be final.
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3. That provision for relocation and replacement of
all utilities within the limits of work covered by this Agree-
ment will be provided for in a separate Agreement specifically
intended for that purpose.
4. STATE reserves the right to delete or delay any
items of work to be performed on behalf of CITY from STATE'S
contract in the event payment for such work has not been
received prior to commencement of such work. CITY agrees to
reimburse STATE for all expenses incurred by STATE in deleting
or delaying such items.
5. That obligations of STATE under terms of this
Agreement are subject to the allocation of funds by the California
Highway Commission.
6 . 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 Jurisdiction 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 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 CITY under or in
connection with any work, authority or Jurisdiction delegated to
CITY under this Agreement.
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c o
7. 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 dele-
gated to CITY under this Agreement. It is also understood and
agreed that, pursuant to Government Code Section 895.^* 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 Juris-
diction not delegated to CITY under this Agreement.
8. 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
CITY OF CARLSBAD
By
yor
Attest :
City 03/erk
Approved as to Form and Procedure:
City Attorney
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EXHIBIT "A"
dated March 15, 1971
Sheet 1 of 2 Sheets
UNIT
ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT
FURNISH 18" PRECAST PRE-
STRESSED CONCRETE PILING
(70 TON) (C)
DRIVE 18" PRECAST CONCRETE
PILING (70 TON)
CHANNEL EXCAVATION
STRUCTURE EXCAVATION (BRIDGE)
1
STRUCTURE BACKFILL (BRIDGE)
BEDDING MATERIAL
FURNISH CONCRETE PILING
(70 TON) (C)
DRIVE CONCRETE PILING
(70 TON)
; STRUCTURE CONCRETE (BRIDGE) '
JOINT SEAL (TYPE A)
BAR REINFORCING STEEL (BRIDGE)
ROCK SLOPE PROTECTION (1 TON,
METHOD B)
CLASS B CONCRETE
(CHANNEL LINING)
BRIDGE APPROACH GUARD
RAILING (TYPE 8)
METAL RAILING (TYPE 11)
SUBTOTAL CONTRACT ITEMS
SUPPLEMENTAL WORK
SETTLEMENT PLATFORMS
LF
EA
CY
CY
CY
CY
LF
EA
CY
EA
LB
CY
CY
LF
LF
1,295
16
2,100
145
73
2,300
765
10
560
8
120,000
670
700
97
300
8
290
3
5
9
7
6
290
88
10
0
10
66
20
11
200
00
00
00
00
*
00
00
00
00
00
00
. 14
00
00
00
00
00
$ 10,360
4,640
6,300
725
1
657
16,100
. 4,590
2,900
49,280
80
16,800
6,700
46,200
1,940
3,300
170,572
200
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
""EXHIBIT "A"
dated March 15, 1971
Sheet 2 of 2 Sheets
Sub-Total $ 170,772.00
Contingencies 8,888.00
Sub-Total $ 179,660.00
Prelim. Engr. Q% 14,370.00
Constr. Engr. 10$ 17,970.00
TOTAL: $ 212,000.00