HomeMy WebLinkAboutSCVWD - Replacement of Bridge across Lions Creek
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AGREEMENT BETWEEN THE CITY OF GILROY
AND THE SANTA CLARA VALLEY WATER DISTRICT FOR
THE REPLACEMENT OF THE BRIDGES
ACROSS LIONS CREEK
AT WREN AVENUE AND KERN AVENUE
AND INSTALLING A 30-INCH REINFORCED
CONCRETE PIPE AT FARRELL AVENUE Agmt tlA0915
This agreement is made and entered into this 21st day of December, 1987, by
and between the CITY OF GILROY, a political subdivision of the State of California,
hereinafter referred to as "City", and the SANTA CLARA VALLEY WATER DISTRICT, a
public corporation, hereinafter referred to as "District".
RECITALS:
A. Existing bridges across Lions Creek at Wren Avenue and Kern Avenue and
across West Branch Llagas Creek at Farrell Avenue are shown on attached Exhibit A
hereto.
B. City and District will by this agreement share the cost of replacing the
existing bridges at Wren Avenue and Kern Avenue and installing a 30-inch storm drain at
Farrell Avenue together with all the necessary work, hereinafter described and referred
to as the "Project".
AGREEMENT:
1. Scope of Project The Project consists, in general, of removing and replacing
the existing bridges with new bridges about 76 feet wide by 74 feet long at Wren Avenue
and about 60 feet wide by 73 feet long at Kern Avenue including channel construction
necessary to conform to the new bridges and installing a 30-inch RCP at Farrell
Avenue. The work consists of mobilization, removal of water, structural excavation,
reinforced concrete, furnishing and driving piling and installing and cleaning a 30-inch
reinforced concrete pipe at Farrell Avenue.
2. Plans, Specifications, Estimates District will prepare all plans, specifications,
and estimates for replacing the existing bridges. District will submit a copy of the
preliminary Project plans and specifications to City for review and comment.
Thereafter, District will submit a copy of the final Project plans, specifications,
estimate and structural calculations to City for review and approval.
3. Acquisition of Real Property It is anticipated that no additional real property
is required for the Project. District has acquired all the real property within the
boundaries of the creek. City shall convey to District an appropriate easement covering
areas in City ownership to be used for creek purposes. District shall convey to City fee
title to areas in District ownership to be used for roadway and bridge purposes subject to
a retained easement for flood control work. District shall prepare all plats and property
descriptions required for these conveyances. If required, City will acquire any temporary
detour easements or rights of entry resulting from City's request for bridge widenings.
District will prepare plats and property descriptions therefor and will assist City in
negotiations for any temporary easements or rights of entry.
4. Construction Following City approval of the plans, specifications and estimate,
District will acquire all permits and advertise, either directly or through separate
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agreement with the U. S. Department of Agriculture Soil Conservation Service (SCS), for
bids for construction of the Project in accordance with law and with District's and SCS's
adopted policies concerning utilization of minority business enterprises (MBE's).
Following opening of the construction bids for the Project, District will advise City of
the bids received and the lowest responsible bid which District intends to accept or
approve prior to SCS's acceptance. Such bid must not exceed the engineer's estimate for
the project, plus 10 percent. No change in the plans shall be made during construction
nor shall authorization be given to increase Project quantities or for any extra work
totaling more than $20,000 without prior written approval by City.
5. Project Costs Total Project cost shall mean the actual construction cost of
District or SCS for the specific items of work or material shown on attached Exhibit D
and attributable to bridge construction at Wren A venue and Kern A venue plus the actual
cost to install and clean a 30-inch RCP at Farrell Avenue. The total Project cost is
estimated by City and District to be $606,500.
6. Sharing of Costs City will pay District 55.3 percent of the actual contract cost
attributable to the bridge at Wren A venue and 43.3 percent of the actual contract cost
attributable to the bridge at Kern Avenue shown on Exhibit D plus 100% of the cost for
installing and cleaning the 30-inch RCP at Farrell Avenue. Said 55.3 percent and 43.3
percent represent the proportion of bridge width extensions desired by City to total
bridge widths at Wren Avenue and Kern Avenue as shown on attached Exhibit B and
Exhibit C hereto. The actual contract costs attributable to bridges at Wren Avenue and
Kern Avenue shall be calculated by multiplying the unit prices bid by the quantities of
work or material shown on Exhibit D. The maximum City payments to District shall not
exceed $350,000.
7. Prepayment On July 1, 1988 or upon signing of the contract for the work,
which ever is later, City will deposit with the District the above specified percentages of
the total Project cost as shown on the said construction bid.
8. Final Cost and Adjustments Upon completion of the Project, District shall
submit to City two certified copies of the final accounting of the actual contract cost
including any extra work and materials required for the Project. If City's share of the
total Project cost exceeds the deposits made, City shall pay District the difference
between its share and the amount deposited within thirty (30) days. If City's share of the
total Project cost is less than the deposits made, District shall refund the difference to
City within thirty (30) days with interest, which shall equal the investment return to the
District on such deposited funds if any. Said funds may be deposited by District with SCS
in a non-interest bearing account.
9. Records and Accounts District shall keep or obtain from SCS and render
available for inspection by City or its authorized representatives, records and books
which will provide a complete and accurate account of all costs, fees and expenditures on
the Project made by District.
10. Termination This agreement shall terminate on July 1, 1988 if District or SCS
has not awarded a contract for construction of the Project prior to that date.
11. Final Drawings At the completion of the Project, District shall furnish City
with a set of reproducible "as-built" drawings, structural calculations and a copy of the
foundation investigation report.
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12. Maintenance At the completion of the Project, City shall have the
responsibility to inspect, maintain and repair bridges, roadway and appurtenances and
liability therefor shall in no way devolve upon District. District shall have the
responsibility to inspect, maintain and repair the creek channel and appurtenances and
liability therefor shall in no way devolve upon City.
13. Insurance District shall require any contractor awarded a contract for the
Project to secure and maintain in full force and effect at all times during construction of
the Project and until the Project is accepted by District, public liability and property
damage insurance in forms and limits of liability satisfactory and acceptable to both
District and City insuring District and City and their respective officers and employees,
from and against any claims, loss liability, cost or expense arising out of or in any way
connected with the construction of the Project. The aforementioned policy shall contain
a provision that the insurance afforded thereby to City and District and their respective
officers and employees shall be primary insurance to the full limits of liability of the
policy, and that if District or City, or their respective officers and employees, have
other insurance against a loss covered by such policy, that other insurance shall be excess
insurance only.
14. Hold Harmless It is mutually understood and agreed:
(a) That neither District, 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 District 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 this agreement
or in connection with any work, authority or jurisdiction delegated to City under this
agreement.
(b) That neither City, 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
District under or in connection with any work, authority or jurisdiction delegated to
District under this agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, District 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 District under this
agreem ent or in connection with any work, authority or jurisdiction delegated to District
under this agreement.
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WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
CITY OF GILROY, a political
subdivision of the State of
Calif ornia
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May
"City"
ATTEST:
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SANTA CLARA V ALLEY WATER DISTRICT,
a public corporation
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By ~ B~ors JAN 121!Jll
"District"
ATTEST: SUSAN A. PINO
(~-'d. 1/..) //,'/> <" /.
.' .-//7:, .-/,( L''-t: // t.-r. /-,;/'/
- . " Clerk of the Board of Directors
APPROVED AS TO FORM:
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PROFILE
WREN AVE. BRIDGE
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EXHIBIT D
Quantity Quantity
Quantity Attributable Attributable
for four to bridge at to bridge at
bridges 1 Wren Avenue Kern Avenue
Number Work or Material
1. Mobilization District's 32.3% of 23.7% of
share (L.S.) Dist. she Dist. she
2. Removal of Water District's 32.3% of 23.7% of
share (L.S.) Dist. she Dist. she
3. Structural Excavation 820 C. Y. 235 C. Y. 191 C. Y.
4. Reinforced Concrete 1805 583 428
C.Y. C.Y. C.Y.
5. Furnish Piling 5,920 L.F. 1522 L.F. 1730 L.F.
6. Drive Piling 144 Ea. 40 Ea. 38 Ea.
(1) Wren Avenue, Kern Avenue, Farrell Avenue, Day Road
Abbreviations: L. S. = Lump Sum
She = Share
C. Y. = Cubic Yard
L. F. = Linear Foot
Ea. = Each
03AG6516a