HomeMy WebLinkAboutCalifornia, State of; 1970-10-20;ll-SD-5
47.5 - 50.2
11502-039724
Las Plores Drive
Dlst.Agree. #11-0072
THIS AGREEMENT, MADE AND ENTERED INTO THIS
20th DAY OF October , 1970,
BY AND BETWEEN
CITY OP CARLSBAD, a body politic
and a municipal corporation of
the State of California, here-
inafter 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 re-
ferred to as "STATE"
]* i z n. i. .§. n JL T. H.
WHEREAS, STATE contemplates widening Interstate
Route 5 Freeway by construction contract (hereinafter referred
to as "CONTRACT") from four lanes to eight lanes between 0.5
mile south of Cannon Road and Buena Vista Creek Bridge, and
WHEREAS, CONTRACT will include the reconstruction of
Las Plores Drive Interchange in the City of Carlsbad, and
WHEREAS, said reconstruction* as planned, would have
sub-standard sight distance for ramp and street traffic at the
intersection of the southbound ofi-ramp with Las Plores Drive,
and
/
WHEREAS, CITY has requested STATE to include in
CONTRACT the improvement of Las Plores Drive, westerly of
Interstate Route 5, as shown on Exhibit "A" dated July 20,
1970, attached hereto and by this reference made a part of
this agreement, and
WHEREAS, the improvements requested by CITY will
increase sight distance, improve traffic safety and
minimize inconvenience to the public, and
WHEREAS, it is of mutual benefit to STATE and
CITY to construct the above improvements under CONTRACT,
and
WHEREAS, STATE is agreeable to include said im-
provements (hereinafter referred to as PROJECT) in CONTRACT,
and
WHEREAS, it is now the desire of CITY and STATE to
specify herein the terms and conditions under which PROJECT
will be constructed, financed and maintained;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION I
STATE AGREES;
1. To construct by Change Order to CONTRACT, said
PROJECT as detailed on Exhibit "A" and in conformance with
the specifications for CONTRACT. The total construction
cost of the project is estimated to be $9,400.00.
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2. To bear all construction costs and construction
engineering costs necessary to complete the following items
of work on PROJECT:
a. Clearing and grubbing.
b. Excavation within the street right of way.
c. Structural section.
3. To furnish CITY a Final Report of Expenditures
and a set of "As Built" plans.
SECTION II
CITY AGREES;
1. To prepare all plans for PROJECT at no cost
to STATE.
2. To acquire rights of entry or easements for
work on private property by December 1, 1970.
3. To bear full responsibility and provide for any
rearrangement of private or public facilities necessitated
by construction of PROJECT; said work, whether performed by
CITY or others, to be completed by December 1, 1970.
4. To bear all construction costs (including
utility relocations) required to complete PROJECT, except
as hereinbefore provided in SECTION I. CITY'S share of
said construction costs for which STATE is to be reimbursed,
is estimated to be $3,100.00 as detailed on Exhibit "B"
dated July 20, 1970, attached hereto and by this reference
made a part hereof.
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5. To bear a pro-rata share of the construction
engineering costs ^/Including all direct and indirect costs
(functional and administrative assessment) attributable to
such work, applied in accordance with STATE'S Standard
accounting procedures^; said pro-rata share to bear the
same ratio to the total costs of construction engineering
and indirect charges in connection with CONTRACT as CITY'S
share of the construction costs bears to the total con-
struction costs of said CONTRACT.
It is estimated that CITY'S share of construction
engineering costs will be $300.00.
6. Following award of CONTRACT, to deposit with
STATE promptly upon receipt of billing and within 30 days
thereof, the sum of $3,400.00, said sum being the total
estimated cost to CITY. The actual amount of CITY'S cost
will be determined after completion of CONTRACT on the basis
of contract prices for the items listed in Exhibit "B."
In the event CITY'S actual cost exceeds the
aforesaid 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.
7. To accept full control and maintenance of
all Improvements constructed outside of STATE'S freeway
right of way pursuant to this Agreement. Delegation of
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maintenance of roadway facilities 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 PROJECT will be supervised and inspected
by a Resident Engineer furnished by STATE. Said Resident
Engineer shall cooperate and consult with CITY'S represen-
tatives, but decisions of STATE'S engineer shall be final.
3. 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 dele-
gated to CITY under this Agreement.
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4. 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 any1 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.
5. That, should any portion of 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
CITY OF CARLSBAD
Attest ;
Citjil (Slerk
Approved as to Form and Procedure:
City Attorney
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EXHIBIT "B"
July 20, 1970
ESTIMATE OP CITY'S COST
UNIT
ITEM DESCRIPTION UNIT QUANTITY PRICE
1.
2.
3.
4.
5.
Roadway Excavation CY
Class 4 aggregate subbase CY
Aggregate (Type B Asphalt
Concrete) TON
Paving Asphalt (Asphalt
Concrete) TON
Minor Concrete (Miscellaneous
Construction) CY
Supplemental :
125 1-10
6 4.30
9 6.00
0.5 30.00
48 50.00
Sub -Total:
Maintain Traffic
Haul and Erect
Sign Rental
Signs
Sub -Total
Contingencies
Construction Cost
Construction Engineering (including indirect charges)
AMOUNT
$ 137.50
25.80
54.00
15.00
2,400.00
$ 2,632.30
100.00
50.00
50.00
$ 2,832.30
267.70
$ 3,100.00
300.00
TOTAL:$ 3,400.00