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DATE: June 12, 1970
TO: Lyman H. Cozad, FROM: Chester N. Howard,
City Manager Director of Public Works
Subject: Second Avenue Realignment Project - Job #363
Cooperative Agreement
Attached hereto is a copy of subject agreement that staff has negotiated
with the State Division of Highways. The agreement provides for State
participation in funding of the cost of the improvements on subject project
lying within the limits of the State' s right-of-way of Huntington Drive.
The basic agreement provides for the payment of all costs relative to
construction of pavement, curb and gutter, sidewalk, bridge abutment modi-
fication, and 50% of the cost of the necessary traffic signal modifica-
tions necessary for the signalization of the new intersection.
The proposed Cooperative Agreement has been reviewed in detail and approved
by the staff. It is therefore recommended that the Council approve the
agreement by resolution and direct the Mayor and the City Clerk to execute
same in a form approved by the City Attorney.
Respectfully submitted,
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CHESTER N. HOWARD,
Director of Public Works
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APPROVED: f—
City Manager
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07-LA-248 8.4
Huntington Drive at
Second Avenue
07220 - 254601
Cooperative Agreement
No. 2566
COOPERATIVE AGREEMENT
THIS AGREEMENT, MADE AND ENTERED INTO ON THIS
0_6th DAY OF June , 19 70
BY AND BETWEEN
CITY OF ARCADIA,
a body politic and a
municipal corporation of
the State of California,
hereinafter referred to as
"CITY"
AND
STATE OF CALIFORNIA,
acting by and through its
Business and Transportation
Agency, Department of Public
Works, Division of Highways,
hereinafter referred to as
"STATE"
WITNESSETH:
WHEREAS, the CITY has prepared plans and will award a
contract for the improvement of Second Avenue from Bonita Street
to the Route 210 Freeway in the City of Arcadia, Los Angeles
County, California, which improvement will require reconstruction,
widening, and realignment of Second Avenue,estimated to cost
$335,000 for right of way and construction; and
WHEREAS, said improvements will require reconstruction of
curbs, gutters, and sidewalks at the intersection of Second Avenue
with State Highway Route 248 (Huntington Drive); modification of
the abutments of the Arcadia Underpass (Bridge No. 53-172);
relocation of traffic control signal system at said intersection,
and certain other work all within the State Highway; and
WHEREAS, STATE will benefit from the aforesaid realignment
of Second Avenue through the improvement of a complicated five-
legged intersection; and
WHEREAS, CITY will benefit from the aforesaid realignment
of Second Avenue through the elimination of a jog in the street; and
WHEREAS, CITY has requested STATE to participate in the cost
of said improvement; and
WHEREAS, STATE is willing to participate and pay fifty per-
cent (50%) of the actual cost of signal relocation and one hundred
percent (100%) of the actual cost of all other improvements within
the STATE'S right of way; and
WHEREAS, CITY and STATE do mutually desire to cooperate
and jointly participate in construction of the aforesaid improve-
ments and desire to specify herein the terms and conditions under
which said improvements shall be constructed, financed and main-
tained,
NOW, THEREFORE, in consideration of the covenants and
conditions herein contained, the parties hereto agree as follows :
SECTION I
STATE AGREES:
1. To prepare plans and specifications for modification of
bridge abutments .for inclusion in CITY'S plans and specifications
for aforesaid improvements .
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2. To make all necessary arrangements with the Atchison,
Topeka and Santa Fe Railway Company for all matters relating to
the modification of bridge abutments ,
3. To grant a permit to CITY to encroach upon State Routes
248 and 210 within the limits of the work covered by this Agreement
for purpose of CITY constructing the aforesaid improvements .
4. To deposit with CITY, subsequent to allocation of funds
by the California Highway Commission, and upon receipt of billing
therefor, the sum of $19,500, which figure represents STATE'S esti-
mated proportionate share of the construction and construction en-
gineering costs required for completion of aforesaid improvements
in accordance with the following estimate :
CONTRACT ITEM QUANTITY UNIT COST, TOTAL
Curb and Gutter Removal 1?5 LF $ 0.80 $ 140.00
A.C. Pavement or Sidewalk Removal 5,640 SF 0.30 1,692,00
Cross Gutter Removal 315 SF 0.50 157.50
Excavation and Preparation of
Subgrade 2,360 SF 0.15 354.00
Adjust Manholes 1 Ea. 50.00 50.00
Construct Curb Only 635 LP 2.00 1,270.00
Construct Cross Gutters 1,360 SF 1.50 2,040.00
Construct Sidewalk 440 SF 0.75 330.40
Class Y, Aggregate Base 35 Tons 3.25 113.75
A.C. Pavement 20 Tons 8.00 160.00
Modify Bridge Abutments LS 3,000.00
Traffic Signal System 50% of $15,000 LS 7,500.00
Subtotal $16,807.25
Contingencies 5% 840.46
Total $17,647.61
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10% for construction engineering,
overhead and administration $ 1,T64.' 6
Total Estimated Cost to STATE $19,412.37
Total Deposit Required $19,500.00
Actual costs to be borne by STATE will be determined upon
completion of CITY'S construction contract, but in no event shall
STATE'S total contribution exceed the figure of $22,425.00, unless
provided for in a subsequent Agreement between CITY and STATE.
SECTION II,
CITY AGREES ;
1. To cause to be constructed,pursuant to laws governing
CITY, STATE and Federal Government, all work within the State High-
way referred to in this Agreement to the satisfaction of and subject
to the approval by STATE.
2. To acquire at sole expense of CITY all the rights of way
required for the aforementioned improvements of Second Avenue
between Bonita Street and the Route 210 Freeway outside the limits
of State Highway right of way. There is no right of way to be
acquired by STATE.
3. To make all necessary arrangements with the owners of
public or private utilities within and/or without the STATE'S right
of way for the removal and/or relocation of all utility facilities
which will conflict with the aforesaid construction.
4. To submit application for encroachment permit to STATE
for the work within STATE right of way.
5. CITY will notify STATE in writing not leas than ten (10)
days prior to award of contract.
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6, CITY will notify STATE in writing within ten (10) days
after completion and acceptance of work.
SECTION III
IT I8 KUM= UNDERSTOOD AND AGREED:
1. STATE'S participation in the construction of the aforesaid
improvements is limited to work within the STATE'S right of way and
the STATE'S participation in traffic signal relocation.
2. In the event that the cost to STATE to be computed at
the time of bid opening does not exceed the present estimated cost
thereof ($19,500) by more than fifteen percent (15%), CITY may award
a contract for aforesaid project.
If, however, said estimated cost of 19,500 is exceeded
by more than fifteen percent (15%), STATE'S concurrence in the
form of a supplemental agreement will be required.
3. That the actual final cost to STATE of constructing said
improvement shall be computed on the basis of unit bid prices and
the final contract quantities for those contract items involved
and the actual cost of contingency items involved, to which shall
be added a flat ten percent (10%) charge for construction engineering,
overhead and administration. Contingency items shall include but
not be limited to, construction sign depreciation, moving, erecting
and repairing signs, and work done under extra work orders pertinent
to the construction of the portion of said improvement within
STATE'S right of way.
4. Upon completion and acceptance of the work covered by
this Agreement, STATE will accept control and maintain those portions
of the facilities lying within STATE'S right of way and CITY will
accept control and maintain those portions lying outside STATE'S
right of way.
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5. That in the construction of said work CITY will furnish
a representative to perform the usual functions of a Resident
Engineer and STATE may, at no cost to CITY, furnish 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 the CITY engineer shall be final,
6, That this Agreement may be terminated and provisions
contained herein may be altered, changed, or amended by mutual con-
sent of the parties hereto.
7, That maintenance of all other improvements constructed
-- pursuant to this Agreement shall be performed in accordance with
provisions of those certain agreements by the CITY and STATE for
improvement of State Highway Route 248 within the CITY, executed
by CITY and STATE on April 16, 1964, and/or any subsequent amendment
thereto,
8, That neither STATE or 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 indem-
nify 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 connec-
tion with any work, authority, or jurisdiction delegated to CITY
under this Agreement.
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9 . 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 con-
nection 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 indem-
nify 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 connec-
tion with any work, authority or jurisdiction not delegated to CITY
under this Agreement.
10. That contribution by STATE as provided herein is con-
tingent upon the allocation of funds by the California Highway
Commission.
11 . 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 notwith-
standing other provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officers, duly auth-
orized, the provisions of which Agreement are effective as of the
day, month and year first hereinabove written.
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STATE OF CALIFORNIA CITY OF ARCADIA
Department of Public Works
Division of Highways
J. A. IARRA
State Highway Engineer By By Air I 4efL
4 / - ` .
s 'r/ near Mayor -5/Attes F ',/ %y
Approved as to Form Approved as to Form
and Procedure and Procedure
Al arney, Department orr City ney
public Works
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