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1970-0512_ORANGE, COUNTY OF_Cooperative Agreement C467 (2513)I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 1 2 3 4 5 6 7 8 9 10 11 12 is 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 0 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: -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 F85043 0 0 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 -5- 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. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 —7— ,boo-Is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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,