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HomeMy WebLinkAbout1971-04-06; City Council; 150-2; Buena Vista Creek Bridge1 I THE^CITY OF CARLSBAD, CALIFORNIA Agenda Bill No .^Jj^ Referred To: Date; April 6, 1971 Subject: Jefferson Street Interchange Funding (Buena Vista Creek Bridge) Submitted By: City Engineer Statement of the Matter When this matter was last formally considered by the Council' at the meeting of June 3, 1970, the staff, with the guidance of the Council Committee composed of Councilman McComas and Jardine, was requested to investigate possible methods to fund the proposed interchange. Various methods ranging from full City participation to full developer participation were considered. A cost sharing plan with the City funding a maximum of $170,000 and Mr. Citron, et al, funding the re- maining $49,000 is being submitted for your consideration. While con- struction of the bridge will not be of immediate benefit to the City of Carlsbad, it will become increasingly important to the northerly section, of the City at • such time as Marron Drive is constructed. No commitments have been made by either the developer or the City re- garding improving Marron Road beyond the bridge. As previously outlined in Supplement No. 1, the main portion of the City's share must come from funds currently budgeted for the State Street Storm Drain ($95,000). The remaining $75,000 could come from Section 2107 Gas Tax Funds. . The Division of Highways has scheduled the project for advertising in June of 1971. The estimated cost of the project and a possible funding plan are outlined in the following table; r;;2-Z-'^: Vista State S.D.Carlsbad 1. Bridge & Channel (State Estimate) 2. Sewer Relocation (Co. Estimate 3/1/71) TOTAL $205,000 . 68,000 $167,500 . $34,350 $19,500 2,550 Citron et al $37,500 11,600 $273, 000+^ $34,350 $19, 500 $170 , 000 $49,000+_ The attached ' agreements have been drafted based on these cost splits. Exhibits (1) and (2) provide the narrative presentations which have been presented to the Council on this matter in the past. Exhibit (3) provides for .the developer to pay up to $49,000 as his share of the project. In the' event the actual cost is less than the estimated cost, the City share will remain at $170,000 and the developer's share af $49,000 will be reduced... If the project is bid above the estimate, further negotiations will be required. Exhibit (4) establishes the cost sharing with the Division of Highways. The City is responsible for construction of the bridge and the channel; -2- estimated cost is $205,000. The developer will pay a portion of the City's obligations, per Exhibit (3) . Exhibit (5) establishes the cost sharing for the sewer work. The State is .paying approximately $34,000, with the Vista Sanitation Dis- trict and the developer funding the major portion of the remainder. The City is paying for betterment to the system which is not attri- butable to the bridge. Exhibit (6) provides right-of-way for a relocation of the access road to the Buena Vista Pumping Station. Exhibit ' 1) Agenda Bill 150-. 2) Supplement No. 1 to Agenda Bill 150. 3) Agreement with Bernard Citron, et al. ' 4) Agreement with Division of Highways ?^pr7Lcjon's:tr'iac1;ion'g}f bridge 5) Utilities agreement with Division of Highways and VTsta Sani- tation District for relocation of sewer force main. 6) Right of Way (contract -with Division of Highways for entrance roadway into Buena Vista P'ump Station. 1) Resolution No. . Staff Recommendations ' ' • , •• ' • If the Council desires to proceed with construction of the Buena Vista Creek Bridge at this time: Adopt Resolution No. /o J^// authorizing and directing the Mayor, to execute: • ' . a) Cooperative agreement with Bernard Citron, et al, for cost "sharing in connection with the relocation of Jefferson Street at Highway 78. . , b) Agreement No. 11-0025 with the Division of Highways, for the construction of an interchange on Highway 78 at Jefferson Street. c) Utilities Agreement No. 18099 with the. Division of Highways and Vista Sanitation District, for relocation and construction of utilities in connection with said interchange. d) Right of Way Contract No. 19600, with the Division of Highways. t 4 No. Date: April 6, 1971 '• City Manager's Recommendation - - ..' 'The procedures' outlined by the City Engineer .would implement the City Council's prior^policy"decision to construct the Bueria Vista Creek Bridge. If the Council is -still- of the same mind-on this subject, .would recommend the.procedures, 'cost sharing,, etc.. submitted by the City Engineer: be approved.- -.' ' - •/'. /•••" ,/ - -: •'•. • •.. .' : ' - , . • ' :: Council Action 4-6-71 It was agreed that the matter be .he! d. jireabeya.nce until further information is. received concerning Mr. Citron ' s. co-mini tment and whether or not the Division of Highways will go ahead with the •'•'•• construction of the Jefferson St.'Interchange and temporary ramp in- the -e.vent the Buena V-'i sta- C-r-ee'k Bridge were- not constructed. -2- T H E CITY 0 F CARLSBAD,CALIF'ORNIA Agenda Bill No Referred To: 5, 1970 Subject: Proposed interchange - Jefferson Street at State Route 78 (Vista Way) - Submitted By City Manager Statement of the Matter (See attached discussion) Exhibit 1. Jefferson St. interchange (§> vista Way - original concept 2. Jefferson St. interchange (§> vista Way - current concept 3. Letter from May Dept. Stores Co. dated 3/10/70 4. Letter from Bernard Citron dated 3/10/70 Staff Recommendations Determine a City policy regarding financing of the Jefferson Street interchange and direct the staff to implement the policy. THE CITY O F CARLSBAD,CALIFORNIA Supplement No. 1 to Agenda Bill No. 150 Date: June 2, 1970 •Referred To : Subject.-, Jefferson Street Interchange Funding Submitted By: Hunter T. Cook City Engineer Statement of the Matter (See attached discussion) Exhihit - • 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 N°- • authorizing and directing the Mayor to execute a Cooperative-Agreement for an interchange on State Highway Route 78 at Jefferson Street. , •• A , AB No- 150 . 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. Deferred pending investigation and contact with developers adjacent to overcrossing regarding city manager's recommem .6-3-70 Ca- tions above. -2- Supplement No. 1 to June ?/ Ig70 Agenda Bill No. 150 SUBJECT: Jefferson Street Interchange Funding DISCUSSION: At your request the staff-has further reviewed the fiscal status of the City to ascertain if there are any funds available which can be used to finance the City's portion of the Jefferson Street interchange. It is still our belief that the only funds which can be diverted to the interchange lie in the Parks .and Boulevards Fund. These funds have been tentatively allocated to solve several localized drainage problems. These problems have existed for many years. They create considerable local inconvenience during the rainy season with a danger of flooding during severe storms. This has occurred at least once in each of the past .several • . . years. A spread sheet showing a possible method of financing the pro- ject from the Gax Tax and Parks and Boulevards Funds is attached for your information. This alternative method would require deferring presently planned drainage projects until sometime in the future. Also attached for your review are: (1) Cooperative Agreement with Division of Highways for Jefferson Street interchange. •(2) Resolution No. authorizing execution of the agreement. If you decide to proceed with the interchange at this time, the City should enter into the Cooperative Agreement so that the Division of Highways can complete their processing of the project. May 5, 1970 SUBJECT: Proposed interchange - Jefferson Street at State Route 78 (Vista Way) DISCUSSION: The subject interchange has been under consideration for several years. During that period, the concept has changed signi- ficantly. Originally the interchange would have tied into Jefferson Street on its present alignment (see Exhibit "A"). When the Plaza Camino Real shopping center was built,.estimated traffic volumes on Marron Road showed this road should be the major street. The road pattern was modified to accommodate the anticipated increase in traffic. This revised street network (Exhibit "B") required the construction of a bridge across Buena Vista Creek. The bridge was not required under the original scheme. The estimated cost of the bridge is $205,000. An additional $10, OOOjf will be required to relocate the existing trunk sewer in Jef'ferson Street. Payment for the work will be required as follows: July 1970 $80,000 December 1970 70,000 May 1971 65,000 $215,000+^ $215,000 Work such as this is normally funded from City Gas Tax funds. However, in this case, there are insufficient funds available. Estimated revenue available is: - Estimated balance 7/1/70 $133,000 Estimated to accrue May 1971 (incl- udes $10,000 of non-gas tax funds) 55,500 $188,500 Net Deficit Subtotal (188,500) 26,500 This deficit is only partial as gas tax funds will also be required for the following projects: A« Chestnut Ave. construction—Harding to Jefferson $ 15,000* B. Cannon Rd. construction at Inter- state 5 12,000* C. Chestnut Ave. reconstruction— Monroe to Westhaven 20,000 D. Jefferson St. Slide repair 15,000 Subtotal 62,000E. Maintenance ' 10,000 $ 72,000 (72,000) Total net deficit (estimated) $98,500 * Projects required by existing freeway agreement. — 2 — It should be noted that all projects other than the Jefferson Street interchange are urgently needed to maintain service to present traffic on high volume streets or are conditions of existing formal agreements with the Division of.Highways. Item (C) is in need of extensive repair. Since this is the only thoroughfare between El Camino Real and the sector of Carlsbad to the west, work should not be delayed. ;Item (D) which is located just east of Interstate 5 has continued to slide since the original failure in mid 1969. The move- ment is slow and there does not appear to be an emergency situation, however, something must be done to stabilize the area prior to the next rainy season. The cost estimate is hopefully conservative. The budget has been scrutinized to find a source from which the remaining $99,000 could be obtained. The only large accumulation • of funds is in the Parks and Boulevards Fund. Approximately $125,000 is anticipated in this fund in Fiscal year 1970-71. v^ This fund is used to support the City's continuing program to remedy storm drain problems. $45,000 has been obligated to the State Street storm drain project by prior Council action. An additional $50,000jf to complete the financing will be required before construction of the drain can begin. This storm drain is required to correct the recurrent flooding problem in the downtown area. The developers of the Plaza Camino Real have requested, very positively, that the interchange be constructed as scheduled. They have pointed out (Exhibit 3 & 4) that the second phase of the center is dependent upon the interchange. They have not indicated a willingness to participate in any of the cost. It appears that the City has several alternatives: 1. Ng_ interchange - Advise the Division of Highways that the City will not have sufficient funds available for participating in the subject project and request that State funds be used to upgrade the interchange at El Camino Real. 2„ City funded interchange - utilize the funds programmed for storm drains in the Parks and Boulevards fund to make up the • $99,000 deficit in Gas Tax funds. 3. Joint City-Developer funded interchange - Utilize a portion of the Parks and Boulevards fund to partially finance the project with the remainder of the financing being provided by the developer. If the Council should decide to utilize alternative No. 2 or No.' 3, the developer should be required to enter into a bonded agreement with the City guaranteeing the construction of Phase II of the shopping center -within a reasonable period. t - 3 - The Council should also realize that once the interchange is constructed, the City may be requested to participate in the con- struction of Marron Road, between the interchange and Plaza Camino Real (Exhibit 2)„ The road will cost in the neighborhood of $130,000. This is approximately 2^ years gas tax funds. The above analysis is based on Section 2107 Gas Tax only. All Section 2106 funds are disbursed directly to the County under terms of the 1965 agreement for the construction of El Camino Real from Vista Way to Chestnut Avenue. City obligations are: & Final cost $480,000jf Paid to date 230,000+^ Remainder* $250,000 * To be.paid from 100% of City annual Section 2106 Gas tax appor- tionment; approximately 55,000/yr. for 4^ years. t § THE MAY DEPARTMENT STORES COMPANY 10738 WEST PICO BOULEVARD • SUITE 1 • LOS ANGELES, CALIFORNIA 9OOB4 879-1850 • 475-3501 - March 10, 1970 M "' R 1 ° 'i ^ 1"!I .'I.-. n j. 4, I j I o City Council City of Carlsbad CITY OF CARLSBAD 1200 Elm Avenue • Engineering Department Carlsbad, California 92008 Attention: Mr. Wynn. F. Friday, Acting City Manager Subject: Interchange Requirements, Jefferson & Vista Way Plaza Camino Real Shopping Center, Carlsbad Gentlemen: ' It has come to our attention that a pending meeting of the Council will consider a recommendation that State funds for the construction of the subject interchange be deferred for projects of "greater urgency". With the pending opening of the J. C. Penney Department Store unit, our Plaza Camino Real Shopping Center's "first stage" will be completed. However, this is only half of the projected development of the Center, which has been speci- fically designed for additional tenant shops buildings and a third major department store. We are proceeding with the advanced planning for this-"second stage" of our Center development. Due to the present "unbalanced" access and traffic situ- ation, which is currently totally from El Camino Real, our dealings with the 'third major department store have been predicated upon the full development of a second and "bal- anced" interchange at Jefferson and Vista Way. This inter- change is believed to be of such importance to the future development of the Center that the third department store unit has made their coming into the Center contingent upon the consturction and prior existence of this interchange. Exhibit "3" City Council City of Carlsbad —2—3/10/70 We wish to very strongly recommend, therefore, that the Council reconsider any action to defer construction of Jefferson Street Interchange. Such a deferment would undoubtedly have the effect of delaying the future planning and development of the "second stage" of the Shopping Center for an indeterminate, and possibly very prolonged, length of time. Your careful consideration of this matter would be most appreciated. And we anxiously await a positive answer from your Council membership. With kindest personal regards. David May II Vice Chairman of the Board DM; e a 5 E K N A K D CITRON 9713 SANTA MONICA BLVD. BEVERLY HILLS, CALIFORNIA CRESTVIEW 4.2663 March 10, 1970 Mr. W. ?. Friday, City Manager City of Carlsbad 1200 Eln Avenue • • • Carlsbad, California 92003 Dear Mr. Friday: • • • . Thank you for your letter of March 9, concerning the proposed defer- ral of the Jefferson Street interchange at Vista Way. .'. iIn connection with this matter we offer the following observations: ' 1) We are diligently pursuing the commercial 'development of the land . ' [ between Plaza Camino Real ana Jefferson, Conversations were held as -- recently as yesterday. We are optimistic that shortly we will be able to finalize arrangements with a number of tenants. Without the inter- V change, commercial development of the type we both desire is out of I the question. . : 2) The second stage of Plaza Caruinp Real, for which department store negotiations are well along, is entirely contingent upon the inter- change, construction,, We appreciate the problems accruing to Carlsbad concerning funding of • ( this project and suggest the City explore financing with the Highway : Department, We are under the impression that this type of arrangement has become somewhat more possible at this time. Before requesting deferment of this project please consider: a) There are no grounds to believe the project could be reactivated for the fiscal years 1971-72. Once this State Highway money is re- distributed it may be years before-the Jefferson interchange is re- funded 0 b) There is no prospect that this State money would be earmarked for El Camino Real/Vista interchange. It is almost certain to be trans- - ~ ferred to Emerald Drive/Vista interchange in Oceanside and Vista or out of the neighborhood entirely. c) If the City funds accumulated for this project are transferred to other projects, the City may not be capable of replacing the money when and if called upon by the State. . • Exhibit "41 t BERNARD GIT R O N 9713 SANTA MONICA BLVD. BEVERLY HILLS, CALIFORNIA CRESTVIEW 4-2663 . . Mr, W. F. Friday - Page 2 . . ' March 10, 1970 In establishing priorities of projects within Carlsbad we respectfully submit that the comnercial developments hinging on the construction of the Jefferson interchange will provide Carlsbad with more revenue than. any other project of which we have knowledge, In particular, the amount of revenue lost from the inability to build additional department stores alone would far exceed the amount involved, : . . . Respectfully yours, BCsed Bernard Citron t t" AGREEMENT THIS AGREEMENT is made and entered into this day of , 1971, by and between THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and HARRY J. L. FRANK, JR., BERNARD CITRON and FAWCO, a co-partnership, hereinafter referred to as OWNERS. WITNESSETH: WHEREAS, the State of California plans to build a grade separ- ated interchange at the intersection of State Highway 78 and Jefferson Street; and WHEREAS, the State is willing to include with this proposed interchange, a bridge which crosses over Buena Vista Creek and makes a realigned connection with Jefferson Street in the City of Carlsbad, so long .as the cost thereof,,i.s,,bor.ne by,,,.p.e,rsons other than the State, said bridge, realignment being hereinafter referred to as PROJECT, Item 1, and WHEREAS, the construction of the bridge required the relocation of an existing 16" diameter sewer force main and a 2^" diameter water line owned jointly by the City and the vista Sanitation Dis- trict, and State is willing to include this relocation with the proposed interchange, and WHEREAS, CITY and DISTRICT plan to enter into a utility agreement with State for sewer work including said relocations, the work to be done hereinafter referred to as PROJECT, Item 2; the work to be included with the proposed interchange, and WHEREAS, the present estimate of the cost of PROJECT is approximately $205,000.00 for Item 1 and $68,000.00 for Item 2, and — 1 — WHEREAS, the State is committing $34,000.00 to the project for Item 2, and WHEREAS CITY has available for commitment to PROJECT Items 1 and 2 the total sum of $170,000.00; and WHEREAS, DISTRICT has available for commitment to PROJECT, Item 2, the sum of $20,000; and WHEREAS, CITY, STATE and DISTRICT have expressed a desire to enter into Utilities Agreement #18099 providing for cost apportion- ment of the work included in PROJECT, Item 2, and WHEREAS, OWNERS are willing to commit to PROJECT the sum of up to $49,000.00, in order to accomplish a more orderly utilization of their surrounding property, NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto hereby agree as follows: 1. CITY shall request State to call for bids on State inter- change, which said bids also include the construction of PROJECT on the understanding that CITY shall have the right to cancel the building of PROJECT if the price thereof for Item 1 exceeds $205,000.00 or for Item 2 exceeds $68,000.00. 2. If the lowest acceptable bid for PROJECT comes in at $205,000.00 or less for Item 1 and $68,000.00 or less for Item 2, CITY shall pay $170,000.00 thereof, DISTRICT and STATE shall pay their share of the cost of sewer facilities construction in ac- cordance with the terms of Utilities Agreement #18099, attached as Exhibit , and OWNERS shall pay the balance thereof. 3. If the lowest acceptable bid for construction of PROJECT comes in at more than $205,000.00 for Item 1 or more than $68,000.00 for Item 2, and unless the parties hereto can then agree upon who -2- t shall pay the overage, CITY may then cancel the building of PROJECT. 4. OWNERS shall deposit with CITY forthwith, funds in the amount of $49,000.00, which shall provide for payment by OWNERS of all sums provided for herein in accordance with this Agreement, 5. OWNERS shall promptly convey to CITY: (a) An easement for a public right of way per Exhibit A attached hereto. (b) An easement for a connecting road per Exhibit B attached hereto. Said easement shall be temporary in nature and shall revert to OWNERS at such time that alternate access satisfactory to CITY is made available by OWNERS. (c) An easement for a sewer main right of way per .'Exh'ibit C - at'-tached .•'•her>eto. -It is understood that OWNERS may relocate said sewer main at their ex- pense through Marron Road and and Jefferson Street subject to plans and specifications, schedules and methods approved by the CITY, and that upon said relocation the easement herein granted shall revert to OWNERS. 6. CITY shall vacate that portion of Jefferson Street at. any time that such portion shall become unnecessary because of OWNERS' conveyance of the easements described in the preceding subparagraphs (a) and (b) of the preceding Paragraph 5 and by relocation of Jefferson Street. OWNERS shall hold CITY free from any contractual liability to the State Division of Highways or any other party for costs -3- resulting from any cancellation of the PROJECT. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. . CITY OF CARLSBAD By: DAVID M. DUNNE, Mayor ATTEST: MARGARET E. ADAMS, City Clerk HARRY J. L. FRANK, JR. BERNARD CITRON FAWCO, a Co-Partnership By: i ,Ra»r,tner OWNERS -4. ll-SD-78 0.2 - 1.3 11201-040961 Dlst.Agree.#11-0025 THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF ,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 OF.CALIFORNIA acting by and thro\igh 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 to a four-lane 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. 4 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'1 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 Q% of the construction cost of the contract items shown on aforesaid Exhibit A, - 3 - 40 To bear CITY'S share of costs for construction engineering including all direct arid 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 afte.r 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 .... " ~~ , •»/:-.'-•' IT IS'MUTUALLY UNDERSTOOD AND AGREED: '"*• ' v " ' 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 4 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 895A, 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 ~ •f." 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.^> 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 By CITY OF CARLSBAD By Mayor Attests 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 ^ CONCRETE (CHANNEL) ROCK SLOPE PROTECTION - (1 TON, METHOD B) TOUT 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 e 00 4,160.00 15,960.00 45,000.00 5,360.00 SUB-TOTAL, CONTRACT ITEMS: 'STATE FURNISHED MATERIALS Sign Rental $165,480.00 $165,505.00 8, 275 . 00 Sub-Total Contingencies ____ Sub-Total $173,780.00 Prelim. Engr. Q% 13,902.00 Constr. Engr. 10$ 17,318.00 TOTAL:$205,000.00 EXHIBIT B SECTIOI: IV 4rh£—r/rA'i'i1'.^ '.'> ont ima to—of construction and—conatruc-tion onginooring oo:.M,.".—i'i/:' :'..'t.iil'—Improvements and which estimate has been roviov/od .by (oi.h. P /n: •r.cy). The final cost to (other agency )for construction of said improvements (including construction engineering) will be dc'tortnined upon, completion of STATE'S project and of all work incident thereto and shall be computed in accordance with the following schedule: (a) Construction Cost - The final cost to (other_agency) 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 by a factor determined by dividing the total figure submitted by the successful low bidder for aforesaid project and improvements by the final Highway Engineer's total estimated cost of contract itorns for aforesaid project and improvements, which figure, currently estimated to be $ , will constitute (other af.^ncy' r,) entire obligation for this portion of construction of said improvements. (b) Supplemental Construction Costs - (Other agency'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 aforesaid improvement, all of which is estimated to be '$ . (Supplemental work shall include but net be limited .to maintaining traffic and signs, construction sign depreci- ation, 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 aforesaid contract. (c) Extra or Additional Construction Costs'- In the event that (other agency) 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 improvements, such v/ork will be financed by ' (other agency) at (other agency's) sole expense and accomplished by means of an executed change order, approved by (other agency) in writing, after receipt of a deposit of funds by (other agency) therefore to cover the cost of such v/ork. (d) Construction Engineering - (Other agency's) share of said costs ^including all direct and indirect costs (func- tional and administrative overhead assessment) attributable TJ&wiori iv Page 6 to :;urh v/ork , apniii^l in accordance with STATE'S standard :i':<:ou!i!-i.in', procoumv:-] shall be an amount representing /;'. of the total final construction cost computed under sut> para graphs (a), (b), and (c) above. (Other agency's) share of construction engineering is estimated to be In the event that the cost to (other agency) to be computed at Ch<? time of bid opening (defined herein before in subparagraph (a)) doeb^not exceed the present estimated cost thereof ($_ by more thanXl^/^, State may award a contract for aforesaid project. If however, saici\estimated cost of $___ Ji^s exceeded by more than lrj%} State mayXtill award a contracXanc (other agency's) shall have the option of either: (a) Request within 5 days aNSsterrf6tif ication in writing by STATE of the additional cost xinvblved that said improvements bo deleted from STATE'S ^p-ontract. (b^her agency) shall assume the cost of &yL expense incurred by STATE on behalf of (or.hor agency/K including any cost incurrecXby STATE in a change ordefr v/ith STATE contractor for deletingx^aid improvcracnts. These costs shall be deducted from age>ytfy' s ) deposited funds as specified in Section_ '"Article , and the balance thereof promptly refunded by State to (other agency). V - ' - STATE OF CALIFORNIA DEPARTMENT OF PUBLIC DIVISION OK HIGH-WAYS FORM HR/W-39 (REV. 2-<e) Dirt. 11 County SD Rtc. 78 P.M. 0.8 E. A. 0^091 2 NON INTERSTATE.SOURCE CODE Mn. 1 1 - NOTICE NO._L8Q95_OWNER'S FILE NO Sheet 1 of if Sheets UTILITIES AGREEMENT NO._1§W_ Date- FIRST PARTY: State of California, acting by and through its Department of Public Works, Division of Highways, hereinafter called STATE. SECOND PARTY: VISTA SANITATION DISTRICT AND CITY OF CARLSBAD hereinafter called OWNER. Relocation is required of certain utility facilities of OWNER, cost of which is to be apportioned on a percentage basis of the total cost determined from the detailed estimate of cost dated December 8, 1970 and revised March 1, 1971 as follows: 50.^$-of the total cost to be borne by the STATE, for that portion of existing facilities of which are lawfully maintained in their present location and qualify for relocation at STATE expense under the provisions of Section 703 of the Streets and Highways Code and ^9.6$ of the total cost is to be borne by the OWNERS for relocation of those facilities beyond Engineer's Station 60+50 and betterment for the additional 16" sewer force main. The above percentages are as determined from the estimates of cost as prepared by the Department of Sanitation & Flood Control, County of San Diego, dated December 8, 1970 and revised March 1, 1971. OWNER further agrees that their ^9.6% portion of the total cost shall be apportioned as follows: Vista Sanitation District City of Carlsbad 57.9:if2.r I. WORK TO BE DONE: Install, remove and/or rearrange sewer facilities to accommodate freeway and street construction on Road 11-SD-78, 0.8 at Jefferson Street Interchange as follows: -78, 0.8 Utilities- Agreement No. 18099 Sheet 2 of if Sheets BY STATE: Relocate existing 16" sewer force main and 2-g-" water main between Engineer's Station 58+90 to opposite Buena Vista Pump Station con- sisting of installing 562" of 16" sewer force main with connections, fittings and valves, 600' of 2-g-" water main, plus 577* of parallel 16" sewer force main. (Said work to be shown on the highway constract work as follows: Item 28 - 600' of 2-g-" Plastic Pipe-Supply Line Item 50 - 10 CY Minor Concrete-Thrust Blocks Item 79 - ^5' of 16" Cast Iron Pipe-Class 150 Item 80-5 each 16" Plug Valve Item 81 - 1,183' of 16" Reinforced Plastic Mortar Pipe-Class 150) STATE agrees to perform said work in accordance with the plans and specifications for improvement of Road 11-SD-78, 0.8, Jefferson Street Interchange and improvement of Jefferson Street on file in the office of the Division of Highways, *+075 Taylor Street in San Diego, California. Technical services for preparation of plans, specifications, estimates, supervision and a certain portion of inspection not furnished by the STATE will be furnished by the Department of Sanitation & Flood Control, County of San Diego who are operators of the pumping station and force main for the OWNERS. The actual cost for these services to be prorated on "the •p'er'c1erita"g'e"*b'a'si*s *in^ai?tfoT'ld'a<n^e'-<'v/l*th''tffi"S''A'gr1e'e'm'ent 'and 'billed'1 to each OWNER and the STATE for payment of their share of the cost. Minor deviations from the above described relocation may be made and incidental work performed by the OWNER or the STATE, when mutually acceptable to both parties and upon approval by the State Engineer. II. PAYMENT: Each OWNER agrees upon written request to deposit their share of the cost with STATE, before the award of the aforementioned STATE Highway Contract, and upon receipt of STATE'S demand, the City of Carlsbad the sum of .eleven thousand, three hundred and eighty-eight dollars and five cents ($11,388.05), the- Vista Sanitation District the sum .of fifteen thousand, six hundred and sixty-one dollars and ninety-five cents, ($155661.95) representing the estimated cost due STATE for betterment and depreciation for said sewer lines, and, except as herein provided, to pay the STATE within 90 days after receipt of a claim thereof the excess, if any, by which the actual cost of installation including extra work, if any, plus ten percent (10$) for STATE'S construction engineering plus an assessment for indirect charges at the rate currently in effect, exceeds the amount of said deposit. 11-SD-78, 0.8 Utilities Agreement No. Sheet 3 of H- Sheets 18099 In the event the actual cost is less than said deposit, STATE will refund the difference between the actual cost and the amount of the deposit by OWNERS. In the event the actual cost exceeds said deposit, OWNERS will pay the difference between the amount of said deposit and the actual cost of OWNERS share. STATE agrees to pay the County of San Diego, Department of Sanitation & Flood Control its share of the actual cost for engineering, estimates, preparation of plans and specifications, supervision and cost for that certain portion of inspection not furnished by the STATE within 60 days after receipt of an itemized bill in sextuple, signed by a responsible official of the Department of Sanitation & Flood Control, County of San Diego, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with their regularly established accounting system; provided that said accounting system is such that the cost and expense properly attributable to work covered by this Agreement can be identified. It is understood that the relocation as herein contemplated includes betterment to OWNER'S facilities by reason of increased capacity in the estimated amount of $33,000.00, and OWNER shall credit" the STATE for the actual cost of said betterment, all the accrued depreciation and the salvage value of any materials or parts salvaged and retained •%y -OWNER. OWNER agrees to make the necessary records available to the STATE auditors for verification of bills presented. III. OWNERSHIP: Upon completion of the work to be done by STATE in accordance with the above mentioned plans and specifications, the new facilities shall become the property of OWNER, and OWNER shall have the same \ rights in the new location that it had in the old location. 11-SD-78, 0.8 Utilities Agreement No. 18099 Sheet ^ of 4 Sheets TOTAL ESTIMATED COST State Share-50 Vista-Carlsbad - Carlsbad-^-2.1^ Vista -57-9$ $1^,166.65 $19,^83.35 ,000.00 $3^,350.00 (Construction ¥.0. ) $27,^-80 (Right of Way E.A. 0^0912) $ 6,870 Estimated Cost to STATE $ 31+,35Q.OO OWNER agrees to perform and STATE agrees to pay for the above described work in accordance with_ terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. APPROVAL RECOMMENDED: Dist. Right of Wey Agent Right of \7ay Clttrmce Agent APPROVED: VISTA SANITATION DISTRICT By_ CITY OF CARLSBAD By. STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORILS DIVISION OF HIGHWAYS Diitrict Engineer LEW:pi EST. <553. 31467-3OO *-C9 1OM © FORM R/W-I —California 19 Dist. 11 County SD Rtc. 78 P. M. 0.0/5.9 R/W E. A. 040912 VISTA SANITATION DISTRICT AND CITY OP CARLSBAD Grantor- RIGHT OF WAY CONTRACT-STATE HIGHWAY Document No _19.60_Q_in the form of a .Right,.. ,n.f-.En£ry covering the property particularly described in the above instrument has been executed and delivered to_JOBERT_.CROISANTi__ Right of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agree- ment constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The State shall: (A) Pay the undersigned grantor(s) the sum of $1^0.00 for the property or interest conveyed by above document(s). (B) At no expense to grantor(s), and at the time of highway con- struction, construct two 15' gates on rollers in southerly perimeter fencing of remaining property, and construct access road right of Engineer's Station 65+501 (I:J!I Line), Department of Public Works . Survey between Route 5 in Oceanside to Melrose Drive. Permission is hereby granted the State, or its authorized agent, to enter upon grantor's land, where necessary, for the purpose of constructing the above described gates and access road. Grantor(s) understands and agrees that, upon completion of the work described in Clause 2(B) of this contract, all that portion of said access road located within the Carlsbad City limits shall- be considered as the sole property of the grantor, the maintenance and repair of said property to be that of the grantor. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY OF CARLSBAD /VISTA SANITATION DISTRICT By: Grantor Recommended for Approval: By Right of Way Agent By_ Supervising Right of Way Agent By- Grantor^ STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS District Engineer No Obligation Other Than Those Set Forth Herein Will Be Recognized C*T. 44B». 1BUS-0OO JJ-B4 IBM »EIT O»P (C) Deliver to City of Carlsbad, a good and sufficient Director's Deed, properly recorded to the property outlined in red on the sketch attached hereto and made-a part hereof free and clear of all liens and encumbrances, except taxes and special assessments, if any, easements, restrictions and reservations of record. It is understood that the State or the City of Carlsbad in no way will be obligated to pay escrow or title insurance fees incurred in connection with the conveyance to the grantor referred to above. 3. It is understood and agreed by and between the parties hereto that payment in Clause 2(A) above includes, but is not limited to, payment for miscellaneous sprinkler lines and landscaping which are considered to be part of the realty and are being acquired by the State in this transaction. 4. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) herein is payment in full to compensate grantor(s) for the expense in performing the following work: Relocate grantor'.s small sign outside of the right of entry area: cut and cap all sprinkler lines and relocate riser and spigot outside of the right of entry area. ... Vista Sanifafiana of Carlsbad ,\ 1 2 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - P7 28 29 30 31 32 RESOLUTION NO. 1834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE VARIOUS DOCUMENTS IN CONNECTION WITH AN INTERCHANGE ON STATE HIGHWAY ROUTE 78 AT JEFFERSON STREET. The City Council of the City -of Carlsbad does hereby resolve as follows; 1. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute, on behalf of; the City of Carlsbad, the following described documents: (a) Cooperative agreement with Bernard Citron, et al, providing for cost sharing in con- nection with the relocation of Jefferson Street at Highway 78 and the construction of a bridge over Buena Vista Creek. (b) Agreement No. 11-0025 with the Division of Highways, for the construction of an inter- change on State Route 78 at Jefferson Street. (c) Utilities Agreement No. 18099 with the Division of Highways and Vista Sanitation District, for the relocation and construction of utilities in connection with Item (b). (d) Right of Way Contract No. 19600 with the Division of Highways. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held April 6, 1971, by the following vote, to wit: AYES: NOES: ABSENT: Councilman Dunne, McComas,.Castro and Lewis None. Councilman Jardine DAVID M. DUNNE, Mayor I ATTEST: MARGARET E. ADAMS, City Clerk EXHIBIT (7)