1970-0512_ORANGE, COUNTY OF_Cooperative Agreement C467 (2513)I
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F88043
Dialtrct Agreement No. C 467
State Agreement No. 2513
COOPERATIVE AGREEMENT COPY 1NO. 2A - -IV';)D PARTY
THIS AGREEMENT made and entered into this day of
1970
BY AND BETWEEN
ME,
AND
=0
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a public corporation, hereinafter
referred to as "DISTRICT".
ORANGE COUNTY WATERWORKS DISTRICT No. 4,
a public corporation, hereinafter
referred to as NATERWORKS DISTRICT".
CITY OF SAN JUAN CAPISTRANO, 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 Public Works,
Division of Highways, hereinafter
referred to as "STATE".
R E C I T A L S
WHEREAS, during the floods of January and February 1969,
severe damages were experienced along Trabuco Creek as follows:
A. At the old Highway 101 bridge, a former STATE facility
relinquished in recent years to CITY for operation as a local street
(now known as Camino Capistrano), a large grade stabilization structure
failed and subsequently the stream flow undermined the bridge founda-
tion and damaged the bridge beyond reasonable repair.
B. Streambed scour upstream from the Camino Capistrano bridge
eroded the riprap revetment of the San Diego Freeway bridges, exposing
their pile foundations as well as seriously eroding the northerly
abutment of the upstream frontage road bridge.
C. Upstream from the San Diego Freeway within the Trabuco
Creek flood control easements the DISTRICT's rail and wire revetments
were severely damaged and serious lateral erosion occurred.
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D. The WATERWORKS DISTRICT's 24 -inch San Juan Capistrano
feeder, which was attached to the Camino Capistrano bridge failed,
necessitating the immediate installation of an emergency by-pass line,
and
WHEREAS, emergency repairs to said freeway and frontage road
structures are planned by STATE from Its funding sources, and
WHEREAS, replacement of the Camino Capistrano bridge is being
planned by CITY upon funds becoming available from the Federal Office
of Emergency Preparedness, and
WHEREAS, the WATERWORKS DISTRICT plans to reconstruct the
24 -inch San Juan Capistrano feeder upon the new Camino Capistrano
bridge, and
WHEREAS DISTRICT is contemplating restoration and improvement
of its Trabuco reek revetments in the vicinity of the proposed works
of CITY, WATERWORKS DISTRICT and STATE, and
WHEREAS, the works proposed independently by the four parties
would remain vulnerable to the attack of future floods unless a
comprehensively designed project is undertaken, and
WHEREAS, DISTRICT under the authority of the Orange County
Flood Control Act has the capability to undertake stream improvements
for the purpose of protecting the waterways, public highways and
property from the damaging effects of flood and storm waters, which
work in Trabuco Creek Channel appears feasible with cooperation of
the parties hereto, and
WHEREASt IT IS DEEMED in the public interest and of mutual
benefit to CITY, DISTRICT, WATERWORKS DISTRICT and STATE to cooperate
in the construction of Trabuco Creek Channel improvements of a per-
manent nature in lieu of temporary repairs, thereby optimizing the
required expenditure of public funds.
Wo��_
NOW THEREFORE, in consideration of the premises and mutual
covenants herein contained, the parties hereto agree to as follows:
loso-Is 11 -2-
P600 is
SECTION I
2 DISTRICT AGREES:
3 1. To have prepared, plans and specifications for construction
4 of Trabuco Channel Improvements, beginning downstream from Camino
5 Capistrano and running upstream; crossing Camino Capistrano, the San
6 Diego Freeway, and the frontage road bridge and continuing upstream
7 to a point of termination, approximately as shown on Exhibit A attached
8 hereto and by reference made a part of this agreement. Said improve -
9 ments shall be designed so as to provide permanent invert grade stabi-
10 lization for the creek in the reach to be improved, with hydraulic
11 capacity for storm of at least 50 year recurrence interval. Said plans
12 and specifications for said work to be submitted to CITY, WATERWORKS
13 DISTRICT and STATE for approval prior to construction.
14 2. To include in its contract for channel improvements:
15 a) the Camino Capistrano Bridge replacement
16 pursuant to CITY plans described hereinafter,
17 b) the reconstruction of the WATERWORKS DISTRICT's
18 24 -inch feeder line on the new Camino Capistrano bridge as shown on the
19 CITY's design plans for the bridge.
20 3. To advertise for the construction of said works of permanent
21 channel improvement not later than June 1. 1970 or, if delayed for
22 reasonable cause, as soon as practicable thereafter.
23 4. To hold STATE and its officers, agents and employees harmless
24 from any and all claims for damages alleged to have resulted from
25 alterations in the previously existing drainage pattern due to the
26 construction of the facilities referred to in this agreement, other
27 than damn es alleged to have resulted from work performed by or on
28 behalf of STATE within STATE's highway right of way.
29 SECTION II
30 CITY AGREES:
31 1. To have prepared plans and specifications for the recon -
32 struction of Camino Capistrano Bridge in conjunction with the DISTRICT
-3-
Peso,,
1 contract for the Trabuco Creek Channel Improvement.
2 2. In the preparation of said plans and specifications for
3 Camino Capistrano Bridge, CITY and DISTRICT shall cooperate and prepare
4 said plans in a manner meeting the requirements of CITY in their
5 endeavor to secure funds from other sources, including the Federal
6 office of Emergency Preparedness.
7 3. Upon completion of DISTRICT's Trabuco Creek Channel con -
8 tract, to reimburse DISTRICT for all of its costs incurred in the
9 reconstruction of Camino Capistrano Bridge, including 7-1/2% for con -
10 struction inspection, but not including any of the costs of channel
11 improvement or grade stabilization structures.
12 4. To construct prior to November 15, 1969 at the sole cost of
13 CITY an interim Camino Capistrano crossing of Trabuco Creek generally
14 an shown on Exhibit A. constructed with broken concrete revetment so
15 as to stabilize the gradient of Trabuco Creek for the winter season of
16 1969-70 thereby reducing the amount of STATE's required freeway bridge
17 revetment repairs.
18 5. To include in the preparation of contract plans and speci-
19 fications for the new Camino Capistrano bridge the WATERWORKS DISTRICT's
20 24 -inch San Juan Capistrano water main, said plans and specifications
21 to be approved by the Engineer of the WATERWORKS DISTRICT.
22 SECTION III
23 STATE AGREES:
24 1. Prior to-tho 1969-70 winter season to install only that
25 emergency work necessary to protect the freeway frontage road bridge
26 in view of CITY's proposed grade stabilization work.
27 2. To pay to DISTRICT upon award of contract the lump sum
28 amount of $110,000. Said amount of $110,000 being computed as the net
29 savings to STATE in restoration work, including engineering and adminis-
30 trative overhead.
31 SECTION IV
32 WATERWORKS DISTRICT AGREES:
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F85043
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1. To pay DISTRICT upon completion of the contract the actual
cost of the reconstruction of the 24 -inch water main and related water
facilities plus 10% for construction inspection.
2. To pay CITY upon completion of the contract plans and speci-
fications the lump sum of $500 as full payment for the design of said
water main and preparation of said plans and as payment for any modifi-
cations to the now Camino Capistrano bridge required by the water main.
SECTION V
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. That the lump sum amount of $110,000 is the entire and
final amount that STATE shall pay to DISTRICT as STATE's portion of the
cost of said DISTRICT's permanent channel improvement.
2. That the STATE's contribution referred to herein is con-
tingent upon the allocation of funds by the California Highway Commission
3. That upon completion of DISTRICT's permanent channel im-
provement work, DISTRICT will maintain said channel improvement work
covered by this Agreement.
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 DISTRICT� WATERWORKS DISTRICT
or CITY under or in connection with any work, authority or jurisdiction
delegated to DISTRICT, WATERWORKS DISTRICT or CITY under this Agree-
ment. It is also understood and agreed that, pursuant to Goverment
Code Section 895.40 DISTRICT9 WATERWORKS DISTRICT or 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 DISTRICTO WATERWORKS DISTRICT or
CITY under or in connection with any work, authority or jurisdiction
delegated to DISTRICT, WATERWORKS DISTRICT or CITY under this Agreement.
5. That neither DISTRICT, WATERWORKS DISTRICT or CITY nor any
officer or employee thereof is responsible for any damage or liability
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laso-,a
1 occurring by reason of anything done or omitted to be done by STATE
2 under or in connection with any work, authority or jurisdiction not
3 delegated to DISTRICT, WATERWORKS DISTRICT or CITY under this Agreement.
4 it is also understood and agreed that pursuant to Government Code Sec -
5 tion 895.4, STATE shall fully indemnify and hold DISTRICT, WATERWORKS
6 DISTRICT or CITY harmless from any liability imposed for injury
7 (as defined by Government Code Section 810.8) occurring by reason of
8 anything done or omitted to be done by STATE under or in connection with
9 any work authority or jurisdiction not delegated to DISTRICT,, WATER -
10 WORKS DISTRICT or CITY under this Agreement.
11 6. That in the construction of said work, the DISTRICT will
12 furnish a Resident Engineer to perform the usual functions of a
13 Resident Engineer and the STATE, WATERWORKS DISTRICT and CITY may also
14 furnish Resident Engineers if they so desire and that said Resident
15 Engineers will cooperate and consult with each other, but the decisions
16 of the DISTRICT's Resident Engineer shall be final.
17 7. That all work involved in the fulfillment of this Agreement
18 will comply with the provisions of the Civil Rights Act of 1964.
19 Attached to this Agreement as "Appendix A" and by reference
20 hereto made a part of this Agreement are provisions for compliance
21 with said Civil Rights Act of 1964.
22 8. That DISTRICT will comply with the contract procedures set
23 forth in the Bureau of Public Roads Policy and Procedure mewrandum
24 21-6.3, dated December 22, 1964; and that DISTRICT will incorporate
25 in its specifications the provision of the Federal Requirements for
26 Interstate Highway Projects which are applicable at the time the
27 Bureau of Public Roads authorizes the DISTRICT to proceed with the
28 advertising for bids.
29 9. That DISTRICT will incorporate or cause to be incorporated
30 into any contract for construction work, or modification thereof, as
31 defined in the rules and regulations of the President's Committee on
32 Equal Employment Opportunity, which is paid for in whole or in part
1 -6-
1 with funds obtained from the Federal Government or borrowed on the
2 credit of the Federal Government pursuant to a grant, contract, loan,
3 insurance or guarantee, or undertaken pursuant to any Federal program
4 involving such grant, contract, loan, insurance or guarantee.
5 Attached hereto as "Appendix B" and by this reference made a
6 part of this Agreement are provisions for compliance with Federal
7 Requirements for Specific Equal Employment Opportunity Responsibilities.
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IN wrTNEss wmEREOF, the parties hereto have caused this Agree-
ment to be executed by their respective officers, duly authorized, the
provisions of which Agreement are effective as of the day, month and
year after hereinabove written.
ATTEST:
W. E. ST JOHN, County
Clerk and ex-officLo
Clerk of said Board of
Supervisors of Orange
County,, California
B
T�-
RECOMMENDED FOR APPROVAL:
0
Bv Ariginal Signed By C. R. Nelson
H. G. Osborne, Chief
Engineer
APPROVED AS TO FORM:
ADRIAN KUYPER9 COUNTY
COUNSEL, ORANGE COUNTY9
CALIFORNIA
By_ e," d9 4��
Deputy
APPROVED AS TO FORM AND
PROCEDURE:
City Attorney
DISTRICT
of Oran& County, California, as the
governing body of the Orange County
Flood Control District
ORANGE COUNTY WATERWORKS DISTRICT NO. 4
By,
Mayor of tne City GounCL or the City
of San Juan Capistrano the ex -
officio Board of Directors of the
Orange County Waterworks District No.
CITY OF SAN JUAN CAPISTRANO
By
Attest:
City Clerit
STATE OF CALIFORNIA
Department of Public Works
Division of Highways
J. A. LEGARRA
State Highway
By.
,Sao -IS 11 -8-
4,