HomeMy WebLinkAboutState of California - Llagas Creek Bridge
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AGREEMENT
04-SCl-152 10.9/11.2
04216-399471
At Llagas Creek overflow
Bridges.
Dist. Agmt. No. 4-0670-C
Document No. SCl-43-3109-
21st
February
THIS AGREEMENT, MADE AND ENTERED INTO ON THIS
DAY OF
, 1978,
BY AND BETWEEN
AND
WITNESSETH:
CITY OF GILROY,
a body pOlitic and a municipal
corporation of the State of
California, hereinafter
referred to as "CITY"
STATE OF CALIFORNIA,
acting by and through its
Business and Transportation
Agency, Department of
Transportation, hereinafter
referred to as "STATE".
WHEREAS, STATE contemplates backfilling the Llagas Creek
overflow bridges and constructing a 40-foot wide roadway about
0.3 mile long along the existing State Highway Route 152
approximately 0.5 mile east of Gilroy, and shall hereinafter be
referred to as "IMPROVEMENTS"~ and
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WHEREAS, south of and adjacent to the said Route 152
within the limits of the said IMPROVEMENTS, are two major food
processing plants which generate a considerable amount of
passenger vehicle and truck traffic on this segment of said
Route 152~ and
WHEREAS, it is desirable to expand the said 40-foot
wide roadway section in order to accommodate an Il-foot median
turning lane for traffic to and from said food processing plants~
and
WHEREAS, CITY is willing to contribute the lump sum amount
of $9,000 towards the construction cost of said IMPROVEMENTS
provided STATE includes in the said IMPROVEMENTS, the
aforementioned Il-foot median turning lane for local service~
and
WHEREAS, CITY and STATE do mutually desire to cooperate
and jointly participate in providing the aforesaid IMPROVEMENTS,
and desire to specify herein the terms and conditions which
said IMPROVEMENTS are to be designed, constructed, financed and
maintained.
NOW, THEREFORE, in consideration of the covenants and
conditions herein contained, the parties hereto agree as
follows:
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1 SECTION I
2 STATE AGREES:
3 1.) To furnish the design engineering necessary for
4 preparation of plans, specifications and engineer's estimate
5 for aforesaId IMPROVEMENTS (including expanding for median
6 turning lane). Plans and specifications prepared by STATE for
7 work affecting CITY facilities shall be subject to review and
8 approval by CITY for conformity to CITY's existing facilities.
9 2.) To construct the IMPROVEMENTS hereinbefore mentioned
10 by contract with a construction contractor licensed by the
11 State of California, said contract to be carried out in
12 accordance with provisions of the State Contract Act, Chapter 3,
13 Part 5, Division 3, Title 2 of the Government Code, and work
14 completed in conformity with plans and specifications of STATE.
15 3.) To furnish and install, by STATE's forces, all traffic
16 stripes and pavement markings required on the aforesaid
17 IMPROVEMENTS with the costs thereof, to be borne solely by
18 STATE.
19 4.) To bear the entire expense of design engineering cost,
20 construction engineering cost and striping cost, including all
21 applicable overhead charges required to complete the IMPROVEMENTS
22 referred to herein~ and to bear the balance of the construction
23 cost required to complete the said IMPROVEMENTS after deducting
24 CITY's financial contribution as provided hereinafter in
25 Section II, Article(l).
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5.) To make all necessary arrangements with the owners of
public or private utilities for the removal and/or relocation of
all utility facilities, if any, which conflict with aforesaid
construction, in accordance with applicable law or the franchise
rights in effect with the respective utility owners, and to
prepare the necessary Notices to Relocate and Utilities
Agreements and to inspect the required utility relocation work.
6.) To maintain all portions of said IMPROVEMENTS
constructed within STATE's right of way and make no claim
against CITY for any portion such maintenance expense.
SECTION II
CITY AGREES:
1.) To deposit with STATE within 30 days of receipt of
billing therefor (which billing will be forwarded immediately
following STATE's bid advertising date of a construction contract
for the aforesaid IMPROVEMENTS), the lump sum amount of $9,000,
which figure represents STATE's estimate of CITY's share of the
construction cost required to complete the expanded portion
of said IMPROVEMENTS. Except as provided for hereinafter in
Section III, Article (6), said lump sum amount of $9,000 shall
be CITY's total financial obligation towards the construction
cost pursuant to this Agreement.
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SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1.) That obligations of STATE under terms of this
Agreement are subject to the allocation of funds by the
California Transportation Commission.
2.) 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.
3.) 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 delegated 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
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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 jurisdiction not delegated to CITY
under this Agreement.
4.) That, should any portion of the project be financed
with Federal Funds or State Gas Tax Funds, all applicable
procedures and policies relating to the use of such funds
shall apply notwithstanding other provisions of this Agreement.
5.) That, in the construction of said work, STATE will
furnish a representative to perform the usual functions of a
Resident Engineer, and CITY may, at no cost to STATE, furnish
a representative, if it so desires, and that said representative
and Resident Engineer will cooperate and consult with each
other but the order of STATE's engineer shall be final.
6.) That, should STATE incur any additional expense on
behalf of CITY pursuant to construction or engineering of the
IMPROVEMENTS referred to herein which is not specifically
defined under provisions set forth in this Agreement, said
additional expense, if incurred on behalf of CITY will be borne
at CITY's sole expense.
7.) That STATE shall not award a contract for the work
unless and until receipt of CITY's deposit required in
Section II, Article (1).
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1 IN WITNESS WHEREOF, the parties hereto have caused this
2 Agreement to be executed by their respective officers, duly
3 authorized, the provisions of which Agreement are effective as
4 of the day, month and year first hereinabove written.
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STATE OF CALIFORNIA
Department of Transportation
Transportation District 4
T. R. LAMMERS
DistriC/l~~ "'
By OEQcu~w-zf
Deputy District Director
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CITY-!)F GILROY .}
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B'i'" .~fu:C-1'1.>~_~--c.I-")
{ Mayor '
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A~W3(1~ k db;;;;:.,J~
/ Ci Y Clerk
APPROVED AS TO FORM
AND PROCEDURE:
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City Attorn~ i