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HomeMy WebLinkAbout1970-06-02; City Council; 150-1; Jefferson Street Interchange Funding2- tf £ .CJT1 OF CARLSBAD, CALJF'OKWJ Supplement No. 1 to Agrenda Bill Wo. 150 Pate; June 2. 1970 'Referred To: _ _» . _ _ _... __ ._ ___._. r. _ - _ _f __.-„__- --- _ __- -_L~ _. •--•__... Subject: Submitted By:f\ Jefferson Street Interchange Funding Hunter T. Cook City Engineer Statement of the Matter (See attached discussion) Exhibit A. Cooperative Agreement with Division of Highways for Jefferson Street Interchange. B. Resolution No. authorizing execution of the agreement. C. Spread sheet. Staff Recommendations 1. Establish a priority for the interchange. 2. If the project is scheduled for FY 70-71, adopt Resolution No. authorizing and directing the Mayor to execute a Cooperative Agreement for an interchange on State Highway Route 78 at Jefferson Street. AB No. 15Q Date: City Manager's Recommendation The City of Carlsbad should not commit the financing of a portion of Jefferson Street overcrossing at Highway 78 until some reasonable commitments have been made by the property owners bene- fiting by the improvements. Certain improvements should be made by developers adjacent to subject overcrossing or a guarantee of a development that would warrant the expenditure of City funds for the project over Highway 78, Council Action 5-5-70 Following considerable discussion the matter was deferred until the May 19th Council meeting, in order that priorities for use of the gas tax funds could be reviewed. 6-3-70 Deferred pending investigation and contact with developers adjacent to overcrossing regarding city manager's recommenda- tions above. 6-16-70 Deferred until July 7th meeting. 7- 7-70 Councilmen Jardine and McComas were instructed to pursue the degree of participation by the adjacent property owner for the improvement of Marron Road. -2- ORIGINAL n-sD-78 0.2 - 1.311201-040961 Dlst.Agree.#11-0025 THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OP ,1970, BY AND BETWEEN CITY OP CARLSBAD a body politic and a municipal corporation of the State of California, hereinafter referred to 'as "CITY" AND STATE OP 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 Oceanslde 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 to a four-lane width, and 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 February 15, 1970, attached and by this reference made a part of this agreement, and as shown in color on Exhibit B dated February 15, 1970, attached and by this reference made a part of this agreement. - 2 - 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 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 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 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 bear CITY'S share of costs for preliminary engineering, including all direct and indirect charges, at a fixed rate of 8$ of the construction cost of the contract items shown on aforesaid Exhibit A. - 3 - > l» 4. TO bear CITY'S share of cosus for construction engineering including all direct and indirect charges at a fixed rate of 10$ of the construction cost of the contract items shown on aforesaid Exhibit A. 5. To bear the actual construction cost of the items of work shown on aforesaid Exhibit A. It is estimated that CITY'S share of cost including preliminary engineering and construction engineering is $205,000.00. 6. CITY'S share shall be deposited with STATE in three payments as follows: (l). 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 $65,000.00, said sum to be the third of three payments for CITY'S estimated share of cost for this project. In the event the actual cost is less than the total of said deposit, STATE will refund the difference between the actual cost and the amount of the deposit by CITY. 7. To accept full control and maintenance of all improvements constructed within CITY outside of STATE'S high- way right of way. Delegation of maintenance of facilities within said State Highway right of way will be covered in a »subsequent Maintenance Agreement. - 4 - SECTION III- lr-.'-'~• • •; ••*.•;,•IT IS MUTUALLY UNDERSTOOD AND AGREED: ' 1. 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. 2. 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. 3. That obligations of STATE under terms of this Agreement are subject to the allocation of funds by the California Highway Commission. 4. 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. - 5 - 5 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 895.4, 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 Juris- diction not delegated to CITY under this Agreement. 6. 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 Mayor Attest: By District Engineer City Clerk Approved as to Form and Procedure: City Attorney - 6 - EXHIBIT "A" dated February 15, 1970 ITEM DESCRIPTION BUENA VISTA CREEK BRIDGE CHANNEL EXCAVATION BEDDING MATERIAL CLASS A CONCRETE (CHANNEL) ROCK SLOPE PROTECTION (1 TON, METHOD B) UNIT L.S. C.Y. C.Y. C.Y. C.Y. QUANTITY 2,080 2,280 750 670 UNIT PRICE 2.00 7.00 60.00 8.00 AMOUNT $ 95,000.00 4,160.00 15*960.00 45,000.00 5,360.00 SUB-TOTAL, CONTRACT ITEMS: STATE FURNISHED MATERIALS Sign Rental Sub-Total Contingencies Sub-Total Prelim. Engr. Constr. Engr. $165,480.00 _ 25.00 $165, 505 . 00 8,275.00 $173,780.00 13,902.00 17,318.00 TOTAL:$205,000.00 X £ FORM P-33fl (GREEN) - P-55C-8 (BUFF) a SYSTEMS C E L.1MJUOMIO • UAL.l At • i OS JLM.CELES LITHO IN U.S.A. STATt OF CALIFORNIA—BUSINESS AND TRAI-jTA'nuN AGENCY RONAID REAGAN. Governor DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS DISTRICT 11, P.O. BOX 3PO, SAN DIEGO 92112 April 9, 1971 ll-SD-78 0.2-lo3 11201-040961 Mr, Jack B. Arnold City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California Dear Mr. Arnold: 92008 When our Emerald Drive Interchange project is completed later this year. Route 78 will be a full freeway between Route 5 and Escondido except for the signalized inter- section at Jefferson Street. Funds have been budgeted by the California Highway Commission to construct the interchange at Jefferson Street,, We have completed the design of this project including the Buena Vista Channel and Bridge which you agreed to fund. As you know, we have experienced a substantial delay in consummating the necessary Cooperative Agreement to cover your portion of the work. If we are to eliminate the growing accident potential of the signalized intersection and utilize the budgeted funds, we now must either com- plete the Cooperative Agreement or start revision of our plans to eliminate the City work. Regretfully, then, we must now inform you that unless you execute the Cooperative Agreement by June 1, 1971, we must consider that your City is not in a position to do so and we will immediately proceed toward constructing the interchange without the City's desired work. truly yours, J. \JDEKEMA District Engineer RNCrgb cc:ERS:RDS:RNC:ROS