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1966-0711_CALIF TRANSPORTATION AGENCY_Cooperative Agreement1 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 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". -2- l., 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 26 29 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 -3- 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 3C 31 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 -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 3_ 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 -5- 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 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 'T.,Tj 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3_ 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 -7- J. A. LEGARRA State Highway Engineer By A.� :1 i Deputy State Highway Engineer