HomeMy WebLinkAbout1967-12-19; City Council; Resolution 1466ll-SD-5PM 45.8/52.1
11208-039721
AGREEMENT
The CITY OP CARLSBAD, a body politic and a municipal
corporation of the State of California, hereinafter referred to
as "City," and the STATS OP CALIFORNIA, Department of Public
Works, Division of Highvrays, hereinafter referred to as "State,"
do enter into the following agreement:
WHEREAS, State's plans for reconstruction of Inter-
state Route 5 in the City proposes reconstruction of a portion
of Jefferson Street, and;
WHEREAS, City's 1911 Act contract for reconstruction
of Jefferson Street terminates approximately 125 feet south/rest
of State's proposed construction, and;
WHEREAS, City has requested State to include in State's
contract at City's expense, the extension of Jefferson Street to
meet State's planned reconstruction, shovm on Exhibit "A" dated
August 1, 1967, attached hereto and by this reference made a
part hereof, and;
WHEREAS, in the interest of economy, State is agreeable
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to include in State's contract the aforesaid extension, and;
WHEREAS, it is now the desire of City and State to
specify herein terms, conditions and manner in which City and
State will share in costs and responsibility and the manner in
which City v;ill reimburse State.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
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For and in consideration of the covenants and con-
ditions to be kept and performed by City as set forth herein,
State agrees:
1. To cause to be constructed under State contract
the aforesaid reconstruction of Intestate Route 5 and the
aforesaid City-requested extension of Jefferson Street, said
extension to be constructed in conference vrith plans and
specifications prepared by City.
2. To prepare and bear all cost of plans and speci-
fications except those preparod by City.
3. To bear State's share of construction engineering
costs, including indirect charges and construction, said share
to be all costs except those hereinafter specified to be borne
by City.
SECTION II
For and in consideration of the covenants and con-
ditions to be kept and performed by State as set forth herein,
.City agrees:
1. To prepare and furnish State with plans and
specifications for construction of that portion of Jefferson
Street indicated on Exhibit "A" to be financed by City, said
plans and specifications to be incorporated in State's contract.
2. To provide, at no cost to State, all rights of
way and/or easements nececDS'.ry foi1 construction to be financed
by City.
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3. To bear full responsibility for any necessary
rearrangement of private or public facilities necessitated by
construction to be financed by City.
4. To bear City's share of construction and construc-
tion engineering costs, including indirect charges, said share \
of construction to be actual costs for work indicated on
Exhibit "A," construction engineering costs to be a sum equal
to 11^ of City's construction costs.
It is estimated that City's share of costs, in-
cluding construction and construction engineering is $3.»500.00.
The actual amount of City's share will be determined upon com-
pletion of construction.
5. To deposit with State, upon demand, the sum of
$3,500.00 to cover City's estimated share of costs.
6. If, on completion of construction, it is deter-
mined that City's share is in excess of deposit, to reimburse
State promptly upon receipt of demand therefore, an additional
sum equal to the difference between City's deposit and actual
share. \
It is understood and agreed that in the event City's
actual share is less than deposit, State will reimburse City a
sum equal to the difference between the deposit and City's
actual share. \
7. Upon completion of construction to assume full
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maintenance of the extension of Jefferson Street as shown on
Exhibit "A." /
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8. To indemnify and save State harmless from any and all
liability for injuries to person or damage to property caused or
resulting in any manner from State's performance of any of the
terms of this agreement as they pertain to the extension of
Jefferson Street in concordance with plans and specifications
prepared by City.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by their respective officers, duly
authorized by City, this_ _ day of ________ _ , 196__, and
by State, tnis_____day of_ _______ » 196 .
STATE OP CALIFORNIA
Department of Public Works
Division of Highways
Approval recommended:
District Engineer
Approved as to form and
procedure:
City Attorney
Attorney, Dspartmsnt of
Public Works
J. A, LEGARRA
State Highway Engineer
By
CITY OP CARLSBAD
By
Mayor \
Attest:
City Clerk
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