HomeMy WebLinkAboutCurb & Gutter on Route 248 - Adjacent to Santa Anita Race Track SS�•
CURB & GUTTER ON RTE 248 - ADJ., ilk
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07-LA-248 5.6/8. 7
Colorado Street , Colorado
Place & Huntington Drive
from Michillinda Ave to
0.1 Mi E of 5th Ave
07204 - 359101
District Agreement No. 3507
C O O P E R A T I V E A G R E E M E N T
THIS AGREEMENT, MADE AND ENTERED INTO ON THIS
DAY OF , 19 77
BY AND BETWEEN
CITY OF ARCADIA,
A body of politic and a municipal
corporation of the State of
California, hereinafter referred
to as "CITY"
AND
STATE OF CALIFORNIA,
acting by and through its
Department of Transportation,
hereinafter referred to as "STATE"
WHEREAS, the CITY contemplates the construction of curb
and gutter along Route 248 between 148 feet easterly of Harvard
Drive and San Juan Drive adjacent to the Santa Anita Race Track;
and
WHEREAS, STATE has initiated a project to repair Route
248 in the CITY prior to relinquishment of that portion of Route
248 to the CITY; and
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WHEREAS, STATE proposed to replace a portion of the
structural section of the right eastbound lane adjacent to the
curb and gutter area; and
WHEREAS, STATE and CITY concur that it would be to the
mutual benefit of STATE and CITY and in the public interest to
incorporate the CITY' s proposed curb and gutter project hereinafter
called BETTERMENT in the STATE's contract; and
WHEREAS, CITY desires and is willing to pay the cost of
constructing BETTERMENT and the prorated cost of administering
STATE's contract ; and
WHEREAS, STATE and CITY do mutually desire to cooperate
and jointly participate in the construction of the aforesaid
BETTERMENT and desire to specify herein the terms and conditions
under which said BETTERMENT shall be constructed and financed.
NOW, THEREFORE, in consideration of the premises and
mutual covenants herein contained, the parties hereto agree as
follows :
SECTION I
STATE AGREES:
1 . To include CITY's design of BETTERMENT in STATE's
plans for the proposed relinquishment project .
2. To construct BETTERMENT as part of the STATE' s
relinquishment repair contract .
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3. To return any unused funds deposited by CITY for
the construction of BETTERMENT within 60 days following acceptance
of STATE's contract by the Director, California Department of
Transportation.
SECTION II
CITY AGREES :
1 . To provide STATE with the design of BETTERMENT to
be included in STATE's project .
2. To furnish STATE upon demand with any and all
required permits to enter and construct from abutting property
owners for driveway construction or grading purposes.
3. To bear the entire cost of constructing BETTERMENT
plus 14% of the construction cost of BETTERMENT to cover the cost
of construction engineering, including administrative and overhead
costs.
4. To deposit with STATE within 30 days of receipt of
billing (which billing will be forwarded immediately following
STATE's bid advertising date of the repair contract referred to
herein) the amount of Sixteen Thousand Dollars $16,000.
5. To pay the STATE within 30 days upon receipt of
a statement therefor any amount over and above the aforesaid
deposit required to complete CITY' s share of financing pursuant
to this agreement .
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6. The final cost to CITY for constructing said
BETTERMENT will be computed on the basis of final pay quantities
at contract unit prices or on agreed upon amounts to which will
be added fourteen percent (14%) of BETTERMENT construction costs
to cover construction engineering including administrative and
overhead costs.
SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1 . 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 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
indemnify, defend and hold STATE harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) ,
and CITY shall fully indemnify, defend and hold STATE harmless
from any liability for breach of aforesaid construction contract
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 and accepted by CITY under this agreement.
2. That neither CITY 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 STATE under or
in connection with any work, authority or jurisdiction not
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delegated to and accepted by CITY under this agreement. It is also
understood and agreed that , pursuant to Government Code Section
895.4, STATE shall fully indemnify, defend and hold CITY harmless
from any liability imposed for injury (as defined by Government
Code Section 810.8) , and STATE shall fully indemnify, defend and
hold CITY harmless from any liability for breach of aforesaid
construction contract 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 and accepted by CITY
under this agreement .
3. That in the construction of said work, STATE will
furnish a Resident Engineer, and CITY may, at no cost to STATE,
furnish a representative if it so desires, and said representative
and Resident Engineer will cooperate and consult with each other
but the orders of the STATE engineer shall be final .
4. That the construction of improvements referred
to herein may require alterations, revisions, additions to or
omissions from STATE' s plans and specifications, including
increases or decreases of quantities in items of work. STATE is
hereby authorized to make any such changes as provided hereinabove
in accordance with STATE' s Standard Specifications and Special
Provisions in STATE's construction contract .
5. In the event that CITY desires any additional or
extra work over and above that specifically provided for herein,
such work will be financed by CITY at CITY' s sole expense and
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accomplished by means of an executed change order, approved by
STATE in writing, after receipt of a deposit of funds by CITY to
cover the cost of such work.
6. The obligations of STATE and CITY under this
agreement are contingent upon the budgeting of the necessary
funds for the project by the California Transportation Commission.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by their respective officers , duly
authorized, the provisions of which Agreement are effective as of
the day, month and year first hereinabove written.
STATE OF CALIFORNIA CITY OF ARCADIA
Business and Transportation Agency
Department of Transportation
ADRIANA GIANTURCO By NI air .4
Director of Transportation Mayor
411)A . 'B 416 44,11/cp. Attest:
Y
Chief Deput District Director
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City Clerk
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I, Christine Van Maanen, the duly elected, qualified
and acting City Clerk of the City of Arcadia,
California, do hereby certify that the following is
a full, true and correct copy of a Minute Motion
adopted by the Arcadia City Council at a regular
City Council meeting held on April 3, 1979:
"It was MOVED by Councilman Saelid, seconded
by Councilman Gilb and carried on roll call
vote as follows that the Mayor and City
Clerk be and they are hereby authorized to
execute the Cooperative Agreement between
the City and the State of California for
joint participation in the construction of
the BETTERMENT OF COLORADO STREET, COLORADO
PLACE AND HUNTINGTON DRIVE FROM MICHILLINDA
AVENUE TO 0.1 Mi E of 5th AVENUE 07204 -
359101 (District Agreement No. 3507) .
AYES: Councilmen Gilb, Saelid, Parry
NOES: None
ABSENT: Councilmen Margett, Pellegrino "
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND
AFFIXED THE SEAL OF THE CITY OF ARCADIA THIS 6TH
DAY OF APRIL, 1979.
KiL-77"-k ,A424h---//
Christine Van Mhan
City Clerk
Arcadia, California