HomeMy WebLinkAboutState of California - 1972 Agreement for Tenth Street Construction
~.",
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
23
29
04-SCl-152-9.78
04601-389450
Culvert at lOth and
Chestnut streets
DiEt. Agmt. #4-0313-C
HQ Doc. File No. 43
..
AGREE.r--mNT
THIS AGREEMENT, MADE AND ENTERED INTO THIS
20TH
DAY
OF
NOVEMBER
, 1972, BY AND BETWEEN
CITY OF GILROY, 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, at the time Tenth Street was constructed by the
County of Santa Clara, STATE requested that a 30" culvert be
installed for later connection to a future drainage system to
Princevalle storm ditch and for the purpose of discharging Tenth
street (state Highway Route 152) ditches into a future drainage
system; and
WHEREAS, CITY's current contract for extension of Chestnut
street from Princevalle storm ditch to Old Gilroy Road, which
improvement crosses Tenth Street (state Highway Route 152), includes
a storm drain system; and
WHERE/IS, due to the low elevation of the flovl line, the 30"
culvert, if now used as part of
kystem, would function as a sag
I cleaning over the years; and
!
I
the Chestnut street storm drain
culvert and will require frequent
-, -
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
WHEREAS, STATE has recommended CITY replace the existing
3011 culvert \'lith a 28" x 20" corrugated metal pipe arch at higher
elevation to avoid future maintenance expenses to STATE; and~
,
WHEREAS, CITY's storm drain system will intercept flow from
STATE's two upstream ditches alongside Tenth Street and will
eliminate future upsizing of the STATE facility downstream of
proposed Chestnut Street as the area is developed and rainfall
runoff is increased; and
WHEREAS, CITY has proposed that the CITY storm drain system
intercept STATE's Tenth Street upstream ditches in turn for STATE
bearing the expense of replacing the existing 30" culvert with
a new 28" x 20" corrugated metal pipe arch at a higher flow-line
elevation.
NOW, THEREFORE, in consideration of the covenants and
conditions herein contained, the parties hereto agree as follows:
SECTION I
CITY AGREES:
I.) To issue a contract change order to CITY's Chestnut
Street Project, now under construction,t6 install 80 feet of
28" x 20" corrugated metal pipe arch, concrete cap over backfill
of said pipe arch, and plug and abandon the existing 30" culvert
at the proposed Chestnut Street crossing of lOth Street. Said
contract change order shall be subject to review and approval by
STATE.
2.) To bear the entire expense of the preliminary
engineering, construction engineering, and construction costs
required to complete the improvements referred to herein except
-2-
-3-
1 metal pipe arch, at the approximate same location, plus
2 any work incidental thereto. The actual cost to STATE
3 shall be the sum of payments made by CITY to CITY'~
4 Contractor under contract change order for the above
5 work. This work is estimated to cost $3,500.
6 B.) An amount (estimated to be $900) representing 24%
7 of the construction costs mentioned in subarticle (A)
8 above, for preliminary and construction engineering
9 costs, which percentage includes overhead cost and
10 assessment for indirect charges at current rates.
II In no event will STATE's share of costs exceed the amount of
12 $4,800.
13 2.) To maintain the improvements, as constructed, within
14 STATE's right of way.
15 SECTION III
16 IT IS MUTUALLY UNDERSTOOD AND AGREED:
17 I.) That neither STATE, nor any officer or employee thereof,
18 shall be responsible for any damage or liability occurring by
19 reason of anything done or omitted to be done by CITY under or in
20 connection with any work, authority or jurisdiction delegated to
21 cr'rY under this Agreement. It is also understood and agreed that,
22 pursuant to Government Code Section 895.4, CITY shall fully
23 indemnify and hold STATE harmless from any liability imposed for
24 injury (as defined by Government Code Section 810.8) occurring by
25 reason of anything done or omitted to be done by CITY under or in
26 connection with any work, authority or jurisdiction delegated to
27 CITY under this Agreement.
-4-
1 2.) That neither CITY, nor any officer or employee thereof,
2 is responsible for any damage or liability occurring by reason of
3 anything done or omitted to be done by STATE under or in -;.
4 connection with any work, authority or jurisdiction not delegated
5 to CITY under this Agreement. It is also understood and agreed
'6 that, pursuant to Government Code Section 895.4, STATE shall fully
7 indemnify and hold CITY harmless from any liability imposed for
8 injury (as defined by Government Code Section 810.8) occurring by
9 reason of anything done or omitted to be done by STATE under or in
10 connection with any work, authority or jurisdiction not delegated
11 to CITY under this Agreement.
12
13
14
15
16 4.) That construction by CITY of improvements referred to
17 herein which lie wi thin STATE rights of way or affect STA'I'E
18 facilities, shall not be commenced until CITY's plans involving
. 19 such work have (as referred to hereinbefore in Section I,
20 Article (1)) been reviewed and approved by signature of STATE's
21 District Engineer of District 04, or his delegated agent, and
22 until an Encroachment Permit authorizing such work has been issue'
23 by STATE therefor. Receipt by CITY of CITY's plans signed by
24 STATE, shall constitute STATE's acceptance of and official
25 of said plans.
26 5.) That Crry will obtain the aforesaid Encroachment Permit
27 through the office of STATE's District 04 Permit Engineer and
3. ) Tha t , should any portion of the project be financed with
Federal Funds or State Gas Tax Funds, all applicable procedures
and policicG relating to the use of such funds sh9l1 apply,
,notwithstanding other provisions of this Agreement.
-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
. '
that CITY's application therefor shall be accompanied by a
reproducible set of aforesaid State approved plans. Receipt
thereafter by CITY of the approved Encroachment Permit shalY
constitute CITY's authorization from STATE to proceed with work
which lies within STATE rights of way or which affects STATE
facilities, pursuant to work covered by this Agreement. CITY's
authorization to proceed with said work shall, however, be
contingent upon CITY's compliance with all provisions set forth
in said Encroachment Permit.
6.) That, CITY's contractor will also be required to obtain
an Encroachment Permit from STATE prior to commencing any
work which lies within STATE rights of way or which effects
STATE facilities. The application for said Encroachment Permit
shall be made through the office of STATEts District 04 Permit
-Engineer and shall include a Surety Bond in an amount of $5,000.
7.) That, in the construction of said work, CITY will
furnish a representative to perform the usual functions of a
Resi.dent Engineer, and STATE may, at no cost to CITY, furnish
a representative, if it so desires, to insure conformance of
work within STATE's rights of way to STATE standards. Said
representatives of CITY and STATE will cooperate and consult
with each other and all work within STATE's rights of way shall
be accomplished to the satisfaction of STATE's representative.
*
* *
* *
* *
* *
-6-
*
*
*
*
*
*
*
*
*
*
*
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
I
2
3
4
5
6
7
8
9
10
I
. r
IN WITNESS IVHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officers, duly
authorized, the provisions of which Agreement are
."
effective as of the day, month and year first hereinabove written.
STATE OF CALIFORNIA
Department of Public Works
Di vision of IIighviays
CITY OF GILROY
By )jO$~4v6~~:f
Mayor
/
A ttes t OJzht",nv-! ? ,jtmv;nt~
City Clerk . )
./ )
ROBERT J. DA'l'EL
state Highway Engineer
By
Deputy District Engineer
APPROVED AS TO FORM
AND PROCEDURE:
) !
I
"_..../j. ; ,r' '~''''/
/ ." / ." 'I / '.
/ l~ l{!Y..~ilfi-
C ~. Atvorney
/
-7-
1
2
3
4
5
6
1
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Ij C n802
04-SCI-I01-6.0/7.0
04230-394210
1st St. to lOth st. in
Gilroy
Dist.Agmt. No. 4-0413-C
HQ Doc. File No. 43-1144
MODIFICATION OF AGREEMENT
THIS MODIFICATION OF AGREEMENT, MADE AND ENTERED INTO
THIS
16th
September
, 1974,
DAY OF
BY AND BETWEEN
CITY OF GILROY,
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 Transportation
hereinafter referred to as "STATE".
WITNESSETH:
WHEREAS, on July 1, 1974, the parties hereto entered into
an Agreement (Document File No. 43-1144) to provide for the
reconstruction and resurfacing, to place in a State of good
repa~r, the portion of State Highway Route 101 (Monterey Road)
between First Street and Ninth Street in Gilroy; hereinafter
referred to as "IMPROVEMENTS"; and
*
.
*
*
*
*
it
it
it
it
it
it
-1- 'J1rPtJC~.TE ORtGINf\L
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
~
19
20
21
22
23
24
25
4cnRo2
WHEREASJ said Document No. 43-1144 limited STATE's
financial obligation to $165,000.00 towards construction cost
and $23,100.00 towards construction engineering cost for a total
of $188,100.00; and
WHEREAS, after bid opening on July 26, 1974, STATE's
estimated share, using the contractor's bid prices is $186,670~00
towards construction cost and $26,134.00 towards construction
engineering cost for a total of $212,804.00; and
WHEREAS, CITY, by City Council's Resolution No. 1842, dated
July 29, 1974, requested STATE to amend the said Agreement
(Document No. 43-1144) to include STATE's participation in the
increased cost of the IMPROVEMENTS; and
WHEREAS, the parties hereto desire to modify the said
Agreement (Document No. 43-1144) to include participation in
the increased cost of the IMPROVEMENTS by both CITY and STATE.
NOW, THEREFORE, in consideration of the covenants and
conditions herein contained, the parties hereto agree as follows:
1.) That certain Agreement (Document No. 43-1144) entered
into by and between CITY and STATE on July 1, 1974, is hereby
modified as follows:
(a) Page 5, line 7, change $150,000 to $186,670.
(b) Page 6, delete lines 1 to 13 inclusive.
. . . .
*
*
*
*
.
.
.
*
.
*
*
*
.
.
-2-
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
J~ C D802
(c) Page 6, after Subarticle (b) add the following:
In no event shall STATE's total financial obligation
towards the engineering and construction of the
said IMPROVEMENTS exceed $223,500.00.
2.) All other terms and conditions of said original
Agreement (Document No. 43-1144) shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Modification of Agreement to be executed by their respective
officers, duly authorized, the provisions of which Agreement are
effective as of the day, month and year first hereinabove written.
STATE OF CALIFORNIA
Department of Transportation
Transportation District 4
CI,& GILROY
By 1IMl~4~6.$ ~ ...t.~,
Mayor
/} {~_.,
Attest :-C), )/ ),~//Jj,t (' /7~f,./t~f-{ /)
City Clerk
T. R. LAMMERS
District Dir
By
APPROVED AS TO FOru~
AND.,'. PROCEDURE.'.: /;
~/;---;J / / (/. / '
/~ {, U! (' (; .'/ t celli ---
City Att rney
~)
)
-3-
,.
RESOLUTION NO. 1847
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN AGREEMENT, AS MODIFIED, REGARDING RECON-
STRUCTION AND RESURFACING THE EXISTING STATE HIGHWAY
ROUTE 101 (MONTEREY ROAD) IN THE CITY OF GILROY.
WHEREAS, the State of California, through its Business and
Transportation Agency, Department of Transportation, has presented
an agreement which concerns State Highway Route 101 within the
City of Gilroy; and
WHEREAS, the City Council has heard read said agreement in
full and is familiar with the contents thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Gilroy that said agreement be and same is hereby approved
and the Mayor is authorized and directed to sign the same on
behalf of. the City.
PASSED AND ADOPTED this 16th day of September, 1974, by the
folloviing vote:
AYES: COUNCIL MEMBERS: DE BELL, DUFFIN, HUGHAN, PATE,
SILVA, STOUT AND GOODRICH
NOES: COUNCIL M 018 E R S : NONE
ABSENT: COUNCIL M01BERS: NONE
APPROVED:
/s/ NORMAN B. GOODRICH
May 0 r
APPROVED:
_ill SUSAliNE E. STE I NMETZ
City Clerk
RESOLUTION NO. 1847
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy~ do
hereby certify that the attached Resolution No. 1847
is an original
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 16th day of September
, 19 11-, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this ~ day of September
, 19~.
f
. ~".
. "
;/ ."'/.4 !,' I /' ,,~
,? Jtv tv JZ,y;..U' .. .' .'} Lt.. n'J'Ju .1
City Clerk of the City of Gilroy
011-SCI-101-6. 0/7.0
04230 - 3911210
1st Street to lOth Street
in Gilroy
Dist. Agmt. No. 4-o4l3-C
I-Q Doc. File No. 43,r !
1
AGREEMENT
2 THIS AGREEMENT, MADE AND ENTERED INTO THIS
3JUL 1 1974 DA Y OF
4 BY AND BEFJ:WEEN
5 CITY OF GILROY,
6 a body politic and a municipal
, 1974,
7 corporation of the State of
8 California, hereinafter referred to
9 as "CITY"
10 AND
11 STATE OF CALIFORNIA,
12 acting by and through its Business
13 and Transportation Agency, Departmen
14 of Transportation, hereinafter
15 referred to as "STATE".
16
17 WITNESSETH:
18 WHEREAS, STATE contemplates reconstructing and resurfacing
19 the existing State Highway Route 101 (Monterey Road) in the City
20 of Gilroy, in order to place it in a state of good repair for
21 relinquishment; and
22 WHEREAS, CITY has a "Safety and Beautification Project"
23 ~urther identified as Project 74-3) within the portion of Montere
24 Road between First Street and Ninth Street; and
*
*
*
*
*
25 *
26*
*
*
*
*
*
-1-
rn '"' Ira'rr ORiG1i\J 1"'- ~
, ~" H> I, ., r; d ] II ~ r4j_
1 WHEREAS, STA'ffi, at CITY's request, has deleted from its
2 Route 101 reconstruction and resurfacing project (SCl-101-117364)
3 all work on Monterey Road between First Street and Ninth Street s
4 that STATE's proposed reconstruction and resurfacing work and
5 CITY's proposed lISafety and Beautification Project" could be
6 combined and completed as a single project; and
7 WHEREAS, CITY is willing to design and construct the
8 equivalent reconstruction and resurfacing work as originally
9 proposed by STATE on Monterey Road between First Street and Ninth
10 Street, hereinafter referred to as "IMPROVEMENTS", provided all
11 costs incurred by CITY for completing the said IMPROVEMENTS are
12 borne at STA TE 's s ole expense; and
13 WHEREAS, the said IMPROVEMENTS are based on STATE's original
14 plans which were approved by CITY's Director of Public Works on
15 January 31, 1973 as modified by CITY to accommodate CITY' s lISafe
16 and Beautification Projectll and the items and agreed to quantiti
17 of work shown on said plans are listed on the attached lIExhibit A"
18 which, by this reference, is made a part of this Agreement;. and
19 WHEREAS, Monterey Road between Ninth Street and Tenth Street
20 is now in a state of good repair; and
21 WHEREAS, in order to accolIlllodate the relinquishment of that.
22 portion of the existing state Highway Route 101 between First
23 Street and Tenth Street to CITY, it will be necessary to also
24 relinquish the Tenth Street portion of State Highway Route 152
25 between Monterey Road and the Route 101 Freeway and to adopt
26 Leavesley Road between Monterey Road and the said Route 101
-2-
1 reeway as the new State Highway Route 152, all as shown on the
2 ttached sketch marked "Exhibit B" which, by this reference, is
3 ade a part of this Agreement; and
4 WHEREAS, CITY and STATE desire to specify herein the
5 conditions under which said "IMPROVEMENTS" are to be designed,
6 constructed, financed and maintained.
7 NOW, THEREFORE, in consideration of the covenants and
8 conditions herein contained, the parties hereto agree as follows:
9
10 SECTION I
11 CITY AGREES:
12 1.) To cause to be constructed, pursuant to the laws
13 governing CITY with reference to the character of the work to be
14 done thereunder, through construction by contract with a
15 construction contractor licensed by the State of California, the
16 aforesaid IMPROVEMENTS in conjunction with CITY's Safety and
17 Beautification Project, said contract subject to STATE's written
18 approval prior to award.
19 2.) At no expense to STATE, to make all necessary
20 arrangements with the owner or owners of public and/or private
21 utilities for removal and/or relocation of all utilities above and
22 below ground that could conflict with the aforesaid construction,
23 in accordance with applicable laws and regulations.
24 3.) To bear the entire expense of preliminary and
25 construction engineering costs (including all applicable overhead
26 charges) and construction costs required to complete the
-3-
1 MPROVEMENTS referred to herein, except for the costs to be borne
2 STATE as set forth hereinafter in Section II, Article (1).
3 4.) Upon completion and acceptance by CITY of CITY's
4 onstruction contract for the IMPROVEMENTS referred to
5 ereinbefore, to furnish STATE with a detailed statement of the
6 ngineering and construction costs to be borne by STATE and to
7 fund to STATE any amount of STATE's advance deposit, as provided
8 or hereinafter in Section II, Article (1), remaining after actua 1
9 costs to be borne by STATE have been deducted.
10 5.) Upon completion and acceptance of said CITY's project,
11 to maintain all portions of the said IMPROVEMENTS constructed
12 pur~uant to this Agreement and make no claim against STATE for
13 any portion of such maintenance expense.
14 6.) Upon, the adoption, filing and recording of the
15 Resolution of Relinquishment by the California Highway Commission,
16 to accept that segment of said existing State Route 101 (Monterey
17 Road) between First Street and Tenth Street as reconstructed and
18 resurfaced pursuant to this Agreement.
19 7.) Upon the adoption, filing and recording of the
20 Resolution of Relinquishment by the California Highway Commission,
21
22
23
24
25
26
to accept the Tenth Street portion of State Route 152 between
Monterey Road and the Rou te 101 Freeway in its present condition.
* * * * * * *
* * * * * * *
* * * * * * *
* * * * * * *
-4-
1 SECTION II
2 TATE AGREES:
3 1.) To deposit with CITY, upon receipt of a written
4 tatement from CITY that the contract for the said IMPROVEMENTS
5 has been awarded and, upon receipt of billing therefor, the amount
6 required to complete the IMPROVEMENTS referred to herein. Said
7 mount (estimated to be $150,000) shall be determined by
8 ultiplying the agreed to quantities shown on said Exhibit A by
9 the unit bid prices in said CITY's contract. The actual amount
10 of STATE's share will be determined after completion of all work
11 nd sha 11 be composed of the following:
12 (a) Construction Cost: STATE's share of the
13 construction cost shall be determined by
14 multiplying the agreed to quantities by the unit
15 bid prices in CITY's construction contract for the
16 items of work listed in said Exhibit A plus any
17 extra or additional work directly re1~ted to the
18 said IMPROVEMENTS. Said extra or additional work
19 shall not be commenced without STNffi's prior
20 written consent. In no event will any item of work
21
22
23
24
25
26
listed in said Exhibit A be used for any other
purposes than to complete the said IMPROVEMENl'S.
* * * * * * *
* * * * * * *
* * * * * * *
* * * * * * *
-5-
1 In the event that the low bid received by CITY for
2 completing the said IMPROVEMENTS (to be computed b
3 multiplying the agreed to quantities listed in said
4 Exhibit A by the unit bid prices) exceeds the cost
5 of the same items of work in STATE's adjoining
6 project (SCl-lOl-117364) by more than ten percent
7 (10%), CITY may accept or reject said low bid.
8 Should CITY reject said low bid, STATE will
9 complete the said IMPROVEMENTS. Should CITY accept
10
11
12
13
14
15 charges to be borne by STATE shall be a surcharge
16 of fourteen percent (14%) of the aforesaid STATE's
17 share of the construction cost referred to in
18 Subarticle (a) above. Said percentage shall
19 include all applicable overhead charges.
20 2.) To accept, in its present condition, the portion of
21 Leavesley Road from Monterey Road to the Route 101 Freeway.
22
23
24
25
26
* * * * * * *
* * * * * * *
* * * * * * *
* * * * *. * *
* * * * * * *
-6-
1 SECTION III
2 IT IS MUTU.ALLY UNDERSTOOD .AND AGREED:
3 1.) That obligations of STATE under terms of this Agreement
4 are contingent upon the allocation of funds by the California
5 Highway Commission.
6 2.) That neither STATE, nor any officer or employee thereof,
7 shall be responsible for any damage or liability occurring by
8 reason of anything done or omitted to be done by CITY under or in
9 connection with any work, authority or jurisdiction delegated to
10 CITY under this Agreement. It is also understood and agreed that,
11 pursuant to Government Code Section 895.4, CITY shall fully
12 indemnify and hold STATE harmless from any liability imposed for
13 injury (as defined by Government Code Section 810.8) occurring by
14 reason of anything done or omitted to be done by CITY under or in
15 connection with any work, authority or jurisdiction delegated to
16 CITY under this Agreement.
17 3.) That neither CITY, nor any officer or employee thereof,
18 is responsible for any damage or liability occurring by reason of
19 anything done or omitted to be done by STATE under or in
20 connection with any work, authority or jurisdiction not delegated
21 to. CITY under this Agreement. It is also understood and agreed
22 that, pursuant to Government Code Section 895.4, STATE shall fully
23 indemnify and hold CITY harmless from any liability imposed for
24 injury (as defined by Government Code Section 810.8) occurring by
25 reason of anything done or omitted to be done by STATE under or in
26 connection with any work, authority or jurisdiction not delegated
-7-
1 to CITY under this Agreement.
2 4.) That, should any portion of the project be financed wit
3 ederal Funds or State Gas Tax Funds, all applicable procedures
4 and policies relating to the use of such funds shall apply,
5 otwithstanding other provisions of this Agreement.
6 5.) That State Highway Route 152 will be rerouted by way of
7 Monterey Road from First Street to Leavesley Road and on Leavesley
8 Road from Monterey Road to the Route 101 Freeway.
9 6.) That construction by CITY of IMPROVEMENTS, referred to
10 herein, which lie within STATE rights of way or affect STATE
11 facilities, shall not be commenced until CITY's original contract
12 plans involving such work have been reviewed and approved by
13 signature of STATE's District Director of District 4, or his
14 delegated agent, and until an Encroachment Permit authorizing such
15 work has been issued by STATE therefor. Receipt by CITY of
16 contract plans signed by STATE, shall constitute STATE's
17 acceptance of and official approval of said plans.
18 7.) That CITY will obtain the aforesaid Encroachment Permit
19 through the office of STATE's District 4 Permit Engineer and that
20 CITY's application, therefor, shall be accompanied by one (1) set
21 of reproducible tracings of aforesaid STATE approved plans and two
22 (2) sets of specifications. Receipt thereafter by CITY of the
23 approved Encroachment Permit shall constitute CITY's authorization
24 from STATE to proceed with work which lies within STATE rights of
25 ay or which affects STATE facilities, pursuant to work covered by
26 this Agreement. CITY's authorization to proceed with said work
-8-
1 shall, however, be contingent upon CITY's compliance with all
2 provisions set forth in said Encroachment Permit.
3 8.) That, CITY's contractor will also be required to obtain
4 an Encroachment Permit from STATE prior to conunencing any work
5 which lies within STATE rights of way or which affects STATE
6 facilities. The application for said Encroachment Permit shall be
7 made through the office of STATE's District 4 Permit Engineer and
8 shall include a Surety Bond in an amount of $15,000.
9 9. ) That, in the construction of said work, CITY will
10 furnish a representative to perform the usual !'unctions of a
11 Resident Engineer, and STATE may, at no cost to CITY, furnish a
12 representative(s), if it so desires. Said representatives of CITY
13 and STATE will cooperate and consult with each other and all work
14 ithin STATE's rights of way, to complete said IMPROVEMENTS, shall
15 be accomplished to the satisfaction of STA'm's representative(s)..
16 10. ) That this Agreement constitutes the notice of intention
17 to relinquish required by Section 73 of the Streets and Highways
18 Code; that the payment to CITY by STA'm for completion of the said
19 IMPROVEMENTS shall discharge in full the obligation of STATE to
20 place the said Monterey Road between First Street and Tenth Street
21 in a state of good repair as required by said code section; that
22 the acceptance by STATE of Leavesley Road between Monterey Road
23 and the Route 101 Freeway, in its present condition shall a Iso
24 discharge in full the obligation of STA'm to place the said Tenth
25 Street between Monterey Road and Route 101 Freeway in a sta te of
26 ood repair as required by said Section 73 of said Code.
-9-
1 11.) That CITY, hereby, waives all rights to protest provided
2 or in said Section 73 of the Streets and Highways Code with
3 espect to the relinquishments aforementioned in Section I,
4 (6) and (7) and in this Section III, Article (10).
5 12.) That CITY is designated as the Lead Agency in the design
6 construction of said IMPROVEMENTS and said Safety and
7 autification Project and that CITY agrees to comply with all
8 egulations pertaining to highway construction, including
9 ompliance with environmental laws.
10
11 IN WITNESS WHEREOF, the parties hereto have caused this
12 greement to be executed by their respective officers, duly
13 authorized, the provisions of which Agreement are effective as of
14 he day, month and year first hereinabove written.
15
16
17
18
19
20
21
22
23
24
25
26
STAT& OF CALIFORNIA
Department of Transportation
Transportation District 4
CITY OF GILROY ~ "
By-7I:7;f1ftd'?G~~:e~
Mayor
A t tea t ::::0 it< it~ ~{:f[;..tI" r,-
Ci Y Clerk --
'..>
APPROVED AS TO FORM
.AND/ OCEDURE:
2W€t_!((
y
T. R. LAMMERS
District Director
By (;L?Ld~~<-0'---(?V
Deputy District Director
-10-
EXHIBIT A
LIST OF AGREED TO
CONTRA CT ITEMS
AND QUANTITIES
FOR STATE HIGHWAY ROUTE 101
(MONTEREY ROAD) FROM
FIRST STREET TO NINTH STREET
BASED ON STATE'S ORIGINAL
PLANS (SCI-10l - 117361)
APPROVED BY CITY ENGINEER
ON JANUARY 31, 1973
AND
CITY OF GILROY'S PLANS
FOR PROJECT 74-3
AS APPROVED BY STATE
ITEM DESCRIPTION
REMOVE BASE AND SURFACING
* REMOVE PAVEMENT MARKERS
* ADJUST MONUMENT COVER
* AGGREGATE (TYPE A ASPHALT CONCRETE)
AGGREGATE (TYPE A ASPHALT CONCRETE BASE)
* PAVING ASPHALT (ASPHALT CONCRETE)
PAVING ASPHALT (ASPHALT CONCRETE BASE)
* ASPHALT EMULSION (PAINT BINDER)
* HEATER PLANING
* MINOR CONCRETE (MISCELLANEOUS CONSTRUCTION)
* PAVEMENT MARKER (NON-REFLECTIVE)
* PAVEMENT Iv1ARKER (REFLECTIVE)
* ADJUST ELECT ROLlERS TO GRADE
UNIT QUANTITY
CY 2820
EA 1800
EA 5
TON 1930
TON 5570
TON 105
TON 310
TON 12
SY 890
CY 105
EA 1100
EA 310
EA 25
* DENOTES AGREED UPON FINAL QUANTITY. THOSE ITEMS WITHOUT AN (*)
MAY BE REVISED DURING CONSTRUCTION PERIOD SUBJECT TO STATE'S
PRIOR ~llRITTEN CONSENT (SEE SECTION II-l-a OF COOPERATIVE
AGREEMENT)
EXHIBIT B
ti
"\J
.~~
.~ ""'-
if;
Q)~
"6::s
~(;)
. "'- Q::
..:
(/)
-
1II
Cl)
....
~
~
.11)
.....
~
~
.~
~~
~~
\) \J. .
...00
()~
~
t
~
::
uJ
uJ
0::
u.
-
o
w
....
:J
o
0::
-
()
Q)
'0
..
a.
~
~
o
'0
Q)
1/).
o
a.
o
.. ..
a.
SOU08 .
1~--
/ . ZSI '31~ ,
.~s 1I~ 01
RESOLUTION NO. 1828
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
AN AGREEMENT REGARDING RECONSTRUCTION AND RESURFACING THE
EXISTING STATE HIGHWAY ROUTE 101 (MONTEREY ROAD) IN THE CITY
OF GILROY.
WHEREAS~ the State of California, through its Business
and Transportation Agency, Department of Transportation, has
presented an agreement which concerns State Highway Route 101
within the City of Gilroy; and
WHEREAS, the City Council has heard read said agreement
in full and is familiar with the contents thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of.Gijlroy that said agreement be and the same is here-
by approved and the Mayor is authorized and directed to sign
the same on behalf of the City.
PASSED AND ADOPTED this 1st day of July, 1974, by the
following vote:
AVES:
NOES:
ABSENT:
COUNCIL MEMBERS: DE BELL, DUFFINJ HUGHAN, PATE,
STOUT AND GOODRICH.
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: SILVA
APPROVED:
Is/ NORMAN B. GODDRICH
MAYOR
ATTEST:
/S/ SUSANN~ E. STEINMETZ
CITY CLERK
RESOLUTION NO. 1828
I, SUSAUNE E. STE I NHETZ, City C 1 e rk of the City of G i1 roir do
hereby certify that the attached Resolution No. 1828
is an original
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Counci 1 held on the 1st
day of July
, 19 -Li, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 2nd day of July
, 19
71
-
>
'~) /) {. )t.~ VI!i' C
/./ ----
- 1/-'- I
) "/ ",
,/ ,.",__ <.-- / t" t i l' J.,. j
City Clerk of the City of Gilroy /""
)