1966-0711_CALIF TRANSPORTATION AGENCY_Cooperative Agreement1
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07 -ora -5 0.0/7.5
San Diego Co. Line
to Route 1
07209 - 105211
Agreement No. 2332
INTERSTATE Route 5
COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into
BY AND BETWEEN
AND
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
Transportation Agency,
Department of Public Works,
Division of Highways,
hereinafter referred to as
"STATE"
WITNESSETH:
WHEREAS, CITY Council on July 11, 1966 by Resolution
No. 66-7-11-7 requested the California Highway Commission to
grant new connections to the Route 5 Freeway at Camino Las
Ramblas (P.M. 6.8); and
WHEREAS, the California Highway Commission on
June 25, 1968 by resolution consented to said new connections on
the condition that CITY bear the normal construction costs
which would be required for the local roadways if the freeway we
not in existence and provide the right of way necessary for the
proposed interchange construction including that required for
ramps and frontage roads; and
WHEREAS, an interchange plan has been prepared for
which CITY's construction responsibility is as shown on Exhibit
"A" and CITY's right of way responsibility is as shown on
1 I Exhibit "B", Appraisal Maps, Via California to Station 412, both
2 attached hereto and by this reference made a part of this Agreeme
3 said construction or modifications hereinafter referred to as
4 "Betterment", and
5 WHEREAS, CITY will benefit from Betterment by improved
6 vehicular capabilities on CITY's streets; and
7 WHEREAS, STATE is preparing plans for widening the
8 San Diego Freeway in the vicinity of Camino Las Ramblas, such
9 construction hereinafter referred to as "Widening"; and
10 WHEREAS, it is in the best public interest that
11 Betterment be incorporated in STATE's Widening contract.
12 NOW, THEREFORE, the parties hereto agree as follows:
13 SECTION I
14 STATE AGREES:
15 1. To prepare all plans and specifications required to
16 construct said Betterment, said plans and specifications to be in
17 accordance with STATE standards for geometric and structural
18 sections and to submit said plans and specifications to CITY
19 for approval prior to advertising of the Widening project.
20 2. To furnish or cause to be furnished all labor,
2i. materials, tools and equipment necessary to construct said
22 Betterment.
23 3. To arrange for relocating or modifying non -City -
24 owned utility facilities as may be necessary for Betterment.
25 4. To notify CITY in writing thirty (30) days prior
26 to opening bids.
2' SECTION II
2E CITY AGREES:
29 1. To furnish at no cost to STATE by July 1, 1969, the
30 right of way required for Betterment as shown on attached
3= Exhibit "B".
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3G
31.
2. At no cost to STATE, and
when
requested
by STATE,
to provide for any relocation
and rearrangement
of CITY
-owned
utility facilities, made necessary
by
construction
of
Betterment.
3. To bear the cost
for relocating
any non -City
-owned
utility facilities, made necessary
by
construction
of
Petterment.
4. To bear the cost
for all
roadway work as
shown on
the attached Exhibit "A".
5. To deposit with
the STATE within
thirty
(30), days
after receipt of claim therefor
and following
notification
of
advertisement the sum of $58,700.00
which is
the estimated cost
of II -4 hereinabove in accordance
with
the
following estimate:
Contract Item
Quantity
Unit Cost
Amount
Applying Water
165
MGal
$ 2.00
$ 330.001
Structure Excavation
24
C.Y.
3.00
72.00
Structure Backfill
20
C.Y.
6.00
120.00
Aggregate Subbase (C14)
5,745
Ton
1.40
8,043.00
Aggregate (RMCTB)
3,042
Ton
2.50
7,605.00
Aggregate Base (C12)
188
Ton
2.50
470.00
Aggregate Base (C13)
1,670
Ton
2.50
4,172.00
Portland Cement (CTE)
860
Bbls
3.75
3,225.00
Mixing CTB
7,600
S.Y.
.30
2,280.00
Asphalt MC -250 (Curing Seal)
6.1
Ton
35.00
213.50
Aggregate (Type B A.C.)
1,940
Ton
3.40
6,596.00
Paving Asphalt (A.C.)
102
Ton
25.00
2,550.00
Placing A.C. Dikes
305
L.F.
0.20
61.00
Placing A.C. (Mist. Areas)
212
S.Y.
3.00
626.00
Liquid Asphalt (Prime Coat)
.2
Ton
4(-.00
8.00
Asphaltic Emulsion (Paint Binder)3.2
Ton
60.00
192.00
Class A Concrete (Minor Struct.) 32
C.Y.
175.00
5,600.00
24" RCP (Class III)
24
L.F.
8.00
192.00
Misc. Iron & Steel
6,828
Lbs
.30
2,048.40
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3C
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Contract Item Quantity Unit Cost Amount
Class B Contrete (curbs) 112 C.Y. 30.00 $ 3,360.00
Sub -Total Contract Items $47,764.40
596 for Contingencies 2,388.22
Sub -Total 50,152.62
1796 Preliminary and
Construction Engineering 8,525.95
Total $58,678.51
Call $58,700.60
6. To hold STATE and its officers, agents and
employees harmless from any and all claims for damages alleged to
have resulted from alterations in the previously existing drainage
pattern due to the construction of Betterment, other than damages
alleged to have resulted from work performed by or on behalf of
STATE within State highway rights of way.
SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. That the obligations of both parties under this
Agreement are contingent upon the budgeting of the necessary funds
for the project by STATE.
2. That should the CITY finance any portion of the
Betterment with gas tax funds apportioned to the CITY, all appli-
cable procedures and policies relating to the use of such funds
shall apply notwithstanding other provisions of this Agreement.
3. That if upon acceptance of bids, it is found the
amount deposited by CITY is in excess of the cost of the work
on the basis of bid prices plus contingency items, and preliminary
and construction engineering, administration and overhead cost,
the balance remaining shall be promptly refunded by STATE to CITY.
If, however, the cost of the work on the basis of bid prices plus
contingency items, preliminary and construction engineering,
administration and overhead cost exceeds the amount
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deposited by CITY, CITY will promptly, upon receipt of claim
therefor, pay its portion of the amount of said excess to STATE.
If the excess in either case is less than five hundred dollars
($500), a refund or demand of additional deposit will be waived
until final accounting.
4. That in the construction of said work, STATE will
furnish a representative to perform the usual functions of a
Resident Engineer, and CITY may furnish at no cost to STATE a
Resident Engineer if it so desires, and that said representative
and Resident Engineer will cooperate and consult with each other
but the orders of STATE's engineer shall be final.
5. That the actual final cost to CITY for constructing
Betterment shall be computed on the basis of final contract quan-
tities for those contract items involved at the unit bid price
the various items of work and the actual cost of contingency item:
involved, to which is added a flat seventeen percent (17%) for
preliminary and construction engineering, administration and
overhead costs plus the cost of non -City -owned utility adjustment;
Contingency items shall include, but not be limited to, construc-
tion sign depreciation, moving, erecting and repairing signs,
STATE -furnished materials and service, and services performed for
the Resident Engineer and upon his quarters, and work done under
extra work orders pertinent to the construction of Betterment.
The cost of utility adjustments to be paid by CITY shall consist
of the amount paid by STATE for relocation or modifications of
utilities necessitated by STATE's construction of Betterments
plus an amount to cover STATE's engineering and overhead costs.
6. Within sixty (60) days after completion of the work
and/or acceptance of the Widening project, STATE shall notify
CITY in writing the dates thereof and the probable or estimated
date the final detailed statement of cost for Betterment will be
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submitted. If, upon acceptance of STATE'S Widening contract, an
appreciable overdeposit is apparent and final accounting is to
be delayed, the excess deposit over the estimated requirements
shall be returned to CITY upon demand therefor. It outstanding
charges, such as Contractor's claims, liens, etc., delay the
final accounting, or semi-final accounting, if charges are still
outstanding, shall be presented within one hundred eighty (180)
days from the acceptance of STATE's Widening contract.
7. That any change requested by the parties hereto in
the aforesaid Betterment that may be necessary or desirable prior
to completion of the work shall require the written approval of
both STATE and CITY. The cost of an approved change, if deemed
to be part of the work to be borne by CITY, and, if within the
amount provided for contingency items, may be taken from the fund
therefor provided. If the cost of an approved change exceeds the
amount provided for in contingency items, CITY will, upon receipt
of claim therefor, deposit with STATE, the estimated cost of such
approved change, plus five percent (5%) for contingencies, and
seventeen percent (17%) for preliminary and construction
engineering, administration and overhead cost.
8. Upon completion and acceptance of the contract by
STATE for the work covered by this Agreement, that portion of
Betterment between the Freeway and ramps (Las Ramblas Stations
18+62 to 27+19) shall be considered as part of STATE Route 1.
The CITY will accept control and maintain the remaining portion
of the Betterment (Las Ramblas Stations 16+15 to 18+62).
9. That neither STATE nor any officer or employee ther
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
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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.
10. 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 STATE, 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 jurisdiction not delegated to STATE under this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officers duly
authorized by CITY this 1�Wday of 196 . and
by STATE this day of 196.
ATCIT�Y�/QF SAN JUAN jAP gTRANO
TE
By�
City Cierk _ Mayor'
Approved as to Form STATE OF CALIFOhNIA
Transportation Agency
Department of Public Works
Division of Highways
y Attorney
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J. A. LEGARRA
State Highway Engineer
By A.� :1 i
Deputy State Highway Engineer