File #: 10-920    Name:
Type: Minutes Status: Passed
File created: 7/27/2010 In control: Board of Supervisors
On agenda: 7/27/2010 Final action: 7/27/2010
Title: a. Approve a Cooperative Agreement with Caltrans for the State Route 68 at San Benancio Road Intersection a. Approve a Cooperative Agreement with Caltrans for the State Route 68 at San Benancio Road Intersection
Attachments: 1. Completed Board Order, 2. Signed Board Report, 3. Agreement No. A-11823 - Caltrans, 4. Project Budget - Contract No. 10-111065, 5. Location Map - Contract No. 10-111065

 

 

 

 

 

 

 

 

 

 

COMPLETED BOARD ORDER�"�_�72

Before the Board of Supervisors in and for the

County of Monterey, State of California

Agreement No: A  11823; Construction No: 2010  006

a. Approve a Cooperative Agreement with Caltrans for the State Route 68

at San Benancio Road Intersection Improvements, State Project No. EA

05-0H8220, Contract No. 10-111065;

b. Authorize the Chair to execute the Cooperative Agreement; and

c. Direct the Clerk of the Board to submit the Cooperative Agreement to

the County Recorder for filing.

Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those

members present, the Board hereby:

a. Approved a Cooperative Agreement with Caltrans for the State Route 68 at San Benancio

Road Intersection Improvements, State Project No. EA 05-0H8220, Contract No. 10-111065;

b. Authorized the Chair to execute the Cooperative Agreement; and

c. Directed the Clerk of the Board to submit the Cooperative Agreement to the County

Recorder for filing.

PASSED AND ADOPTED this 27th day of July, 2010, by the following vote, to wit:

AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter

NOES: None

ABSENT: None

I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby

certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in

the minutes thereof of Minute Book 75 for the meeting on July 27, 2010.

Dated: July 29, 2010 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

By T 1 + \L i

Deputy

 

 

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SIGNED BOARD REPORTX��"�a�MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: July 27, 2010  Consent

AGENDA NO.: 7L

SUBJECT: a. Approve a Cooperative Agreement with Caltrans for the State Route 68 at San

Benancio Road Intersection Improvements, State Project No. EA 05-0H8220,

Contract No. 10-111065;

b. Authorize the Chair to execute the Cooperative Agreement; and

c. Direct the Clerk of the Board to submit the Cooperative Agreement to the

County Recorder for filing.

DEPARTMENT: RMA  Public Works

RECOMMENDATIONS:

It is recommended that the Board of Supervisors:

a. Approve a Cooperative Agreement with Caltrans for the State Route 68 at San Benancio

Road Intersection Improvements, State Project No. EA 05-0118220, Contract No. 10-111065;

b. Authorize the Chair to execute the Cooperative Agreement; and

c. Direct the Clerk of the Board to submit the Cooperative Agreement to the County Recorder

for filing.

SUMMARY/DISCUSSION:

The Department of Public Works, in cooperation with the Transportation Agency for Monterey

County TAMC) and Caltrans, proposes to make safety and operational improvements to the

intersection of State Route 68 at San Benancio Road. This Cooperative Agreement establishes

the roles and responsibilities of the County and Caltrans during the implementation of the

project. The execution of this Agreement is required by Caltrans prior to its allocating $750,000

of District 5 Minor A funds to the County. Also before the Board today for consideration are the

Plans and Specifications and the Mitigation Monitoring and Reporting Program for this project,

which are anticipated to be approved prior to approval of this Cooperative Agreement.

OTHER AGENCY INVOLVEMENT:

County Counsel and the Caltrans Legal offices have reviewed and approved the Cooperative

Agreement as to form.

FINANCING:

There is no financial impact to the General Fund or the Road Fund. Total project cost, including

engineering, environmental, right-of-way and construction, is estimated at $4.8 million. The

project is funded by County Traffic Impact fees collected from developments in the Highway 68

corridor, TAMC Traffic Impact fees, State Transportation Improvement Program and Minor A

funds.

 

Yazdan T. Emrani, P.E.

Director of Public Works

cc: Auditor-Con  CAO Office

Attachments: Board Order; Project Budget; Cooperative Agreement; Location Map

 

 

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AGREEMENT NO. A-11823 - CALTR�c                     �District Agreement # 05-CA-0246

05-MON-68-13.1 /13.6

05-0T7101

SR-68/San Benancio Road

COOPERATIVE AGREEMENT

THIS AGREEMENT, ENTERED INTO EFFECTIVE ON is between

the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein

as STATE," and

COUNTY OF MONTEREY,

a political subdivision of the State of

California, referred to herein as

COUNTY".

RECITALS

1. STATE and COUNTY, pursuant to Streets and Highways Code Sections 114 and 130, are

authorized to enter into a Cooperative Agreement for improvements to the State highways

within the County of Monterey.

2. STATE and COUNTY plan operational improvements that include, but are not limited to,

widening State route 68 SR-68) on both sides to provide for a second west to southbound left

turn lane and extend the east to southbound right turn lane, referred to herein as PROJECT".

3. COUNTY is willing to fund one hundred percent 100%) of all capital outlay and staffing costs

for PROJECT with State and Local funds, except:

a. STATE's contribution of $750,000 of District 5 Minor A funds into PROJECT.

b. STATE cost of Independent Quality Assurance IQA) of PROJECT Project Approval and

Environmental Document PA&ED), Plans Specifications and Estimates PS&E) and

construction,

c. STATE's costs incurred as the California Environmental Quality Act CEQA) Lead Agency

and National Environmental Policy Act NEPA) Lead Agency, if applicable, in the review,

comment and approval, if appropriate, of the PROJECT environmental documentation

prepared entirely by COUNTY,

4. This Agreement will define roles and responsibilities of the CEQA Lead Agency and CEQA

Responsible Agency regarding environmental documentation, studies, and reports necessary

for compliance with CEQA. This Agreement will also define roles and responsibilities for

compliance with NEPA, if applicable.

5. The parties hereto intend to define herein the terms and conditions under which PROJECT is

to be developed, constructed, financed, owned, operated and maintained.

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AGREEMENT NO. A-11823 - CALTR�c                     �District Agreement # 05-CA-0246

SECTION I

COUNTY AGREES:

To produce Project Report PR), a detailed PS&E and to advertise, award, and administer the

construction contract for PROJECT and to submit each to STATE for STATE's review,

concurrence, and/or approval at appropriate stages of development. The PR and the final

PS&E for PROJECT shall be signed on behalf of COUNTY by a Civil Engineer registered in

the State of California.

2. To fund one hundred percent 100%) of all PROJECT capital and support costs with State and

Local funds, except STATE's contribution of $750,000 and the costs of STATE's IQA and

STATE's review, comment and approval if appropriate, of the PROJECT environmental

documentation for CEQA, and NEPA if applicable.

3. COUNTY will submit to STATE 3 monthly invoices beginning 15 working days prior to the

construction contract bid advertising date for $250,000 each total STATE's $750,000

contribution to PROJECT.

4. All PROJECT work performed by COUNTY, or performed on COUNTY's behalf, shall be

performed in accordance with all State and Federal laws, regulations, policies, procedures,

and standards that STATE would normally follow. All such PROJECT work shall be submitted

to STATE for STATE's review, comment, concurrence, and/or approval at appropriate stages

of development.

5. All PROJECT work, except as set forth in this Agreement, is to be performed by COUNTY.

Should COUNTY request that STATE perform any portion of PROJECT work, except as

otherwise set forth in this Agreement, COUNTY shall first agree to reimburse STATE for such

work pursuant to an amendment to this Agreement or a separate executed agreement.

6. To permit STATE to monitor, participate, and oversee selection of personnel who will prepare

the PR, prepare environmental documentation, including the investigative studies and

technical environmental reports, prepare the PS&E, provide right of way engineering services,

and provide right of way acquisition services for PROJECT. COUNTY agrees to consider any

request by STATE to avoid a contract award or to discontinue services of any personnel

considered by STATE to be unqualified on the basis of credentials, professional expertise,

failure to perform, and/or other pertinent criteria.

7. COUNTY shall include a conflict of interest" requirement in the PROJECT design consultant

contract(s) that prohibits the design consultant from being employed or under contract to the

future PROJECT construction contractor.

8. To identify and locate all utility facilities within the area of PROJECT as part of the design

responsibility for PROJECT. All utility facilities not relocated or removed in advance of

construction shall be identified on the PS&E for PROJECT

9. If any existing utility facilities conflict with the construction of PROJECT or violate STATE's

encroachment policy, COUNTY shall make all necessary arrangements with the owners of

such facilities for their timely accommodation, protection, relocation, or removal.

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AGREEMENT NO. A-11823 - CALTR�c                     �District Agreement # 05-CA-0246

The costs for the PROJECT's positive identification and location, protection, relocation, or

removal of utility facilities whether inside or outside SHS right of way shall be determined in

accordance with Federal and California laws and regulations, and STATE's policies and

procedures, standards, practices, and applicable agreements including, but not limited to,

Freeway Master Contracts.

10. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been

made for the protection, relocation, or removal of all conflicting facilities within SHS right of

way and that such work will be completed prior to award of the contract to construct

PROJECT or as covered in the PS&E for said contract. This evidence shall include a

reference to all required SHS encroachment permits.

11. To apply for necessary encroachment permits for required work within State highway rights of

way, in accordance with STATE's standard permit procedures, as more specifically defined in

Articles 4), and 5) of Section III of this Agreement.

12. To be responsible for, and to the STATE's satisfaction, the investigation of potential

hazardous material sites within and outside existing State Highway System SHS) right of way

that could impact PROJECT as part of performing any preliminary engineering work. If

COUNTY discovers hazardous material or contamination within the PROJECT study area

during said investigation, COUNTY shall immediately notify STATE.

13. Personnel who prepare the preliminary engineering studies and environmental documentation,

including investigative studies and technical environmental reports, shall be made available to

STATE, at no cost to STATE, through completion of PROJECT construction to discuss

problems which may arise during PS&E, Right of Way, and Construction phases of the

PROJECT, and/or to make design revisions for contract change orders.

14. To construct PROJECT in accordance with PS&E prepared by or on behalf of COUNTY and

accepted by STATE, and to construct PROJECT to the satisfaction of and subject to the

approval of STATE.

15. Upon completion and acceptance of PROJECT construction contract by COUNTY, to furnish

STATE a complete set of full-sized film positive reproducible As-Built plans.

16. To retain or cause to be retained for audit by STATE or other government auditors for a period

of three 3) years from date of final payment, all records and accounts relating to construction

of PROJECT.

17. If COUNTY terminates PROJECT prior to completion of the construction contract for

PROJECT, STATE may require COUNTY to return to STATE all State-furnished materials

and to return STATE's right of way to its original condition or to a condition of acceptable

permanent operation. STATE also reserves the right to finish PROJECT or place PROJECT

in a condition of satisfactory permanent operation. STATE may bill COUNTY for all or part of

the actual expenses incurred and COUNTY agrees to pay said expenses within thirty 30)

days or STATE, acting through the State Controller, may withhold an equal amount from

future apportionments due COUNTY from the Highway User Tax Fund or any other available

funds.

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AGREEMENT NO. A-11823 - CALTR�c                     �District Agreement # 05-CA-0246

SECTION II

STATE AGREES:

1. To contribute $750,000 into PROJECT.

2. At no cost to COUNTY, to complete STATE's review, comment and approval, if appropriate,

as the CEQA Lead Agency and NEPA Lead Agency, if applicable, of the environmental

documentation prepared entirely by COUNTY and to provide IQA of all COUNTY's work

necessary for completion of the PR, PS&E and construction for PROJECT done by COUNTY,

including, but not limited to, investigation of potential hazardous material sites undertaken by

COUNTY or its designee, and provide prompt reviews, comments, concurrence, and/or

approvals as appropriate, of submittals by COUNTY, while cooperating in timely processing of

documents necessary for completion of the environmental documentation, PR, PS&E, and

construction for PROJECT.

3. To pay COUNTY within thirty 30) days of receipt of invoice.

4. Upon proper application by COUNTY and by COUNTY's contractor, to issue, at no cost to

COUNTY and to COUNTY's contractor, the necessary encroachment permits for required

work within the State highway right of way.

5. At no cost to COUNTY, to provide independent quality assurance IQA) activities of all work

on PROJECT done by COUNTY, to provide prompt review and approvals, as appropriate, of

submittals by COUNTY, and to coordinate in timely processing of PROJECT.

6. To certify to COUNTY that the right of way is owned by STATE or that STATE has Right of

Entry to do work prior to award of contract.

SECTION III

IT IS MUTUALLY AGREED:

1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of

the resources by the Legislature and the allocation of resources by the California

Transportation Commission.

2. The parties to this Agreement understand and agree that STATE's IQA is defined as providing

STATE policy and procedural guidance through to completion of PROJECT by COUNTY. This

guidance includes prompt reviews by STATE to assure that all work and products delivered or

incorporated into the SHS by COUNTY conform with then existing STATE standards. IQA

does not include any project related work deemed necessary to actually develop and deliver

the PROJECT, nor does it involve any validation to verify and recheck any work performed by

COUNTY and/or its consultants or contractors and no liability will be assignable to STATE, its

officers and employees by COUNTY under the terms of this Agreement or by third parties by

reason of STATE's IQA activities.

3. COUNTY to make sure that PROJECT is being constructed according to the plans and

specifications of COUNTY and STATE's then applicable policies, procedures, standards, and

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AGREEMENT NO. A-11823 - CALTR�c                     �District Agreement # 05-CA-0246

practices. Satisfaction of these requirements shall be verified by STATE's IQA

representatives. COUNTY shall obtain aforesaid encroachment permit through the office of

State District Permit Engineer. Receipt by COUNTY of the approved encroachment permit

shall constitute COUNTY's authorization from STATE to proceed with work to be performed

by COUNTY or COUNTY's representatives within STATE rights of way or STATE facilities,

pursuant to this Agreement. COUNTY's authorization to proceed with said work shall be

contingent upon COUNTY's compliance with all provisions set forth in said encroachment

permit.

4. COUNTY's construction contractor shall also be required to obtain an encroachment permit

from STATE prior to commencing any work within STATE rights of way or which affects

STATE facilities. The application by COUNTY's contractor for said encroachment permit shall

be made through the office of State District Permit Engineer and shall include proof said

contractor has payment and performance surety bonds covering construction of PROJECT.

5. If any existing utility facilities conflict with the construction of PROJECT or violate STATE's

encroachment policy, COUNTY shall make all necessary arrangements with the owners of

such facilities for their timely accommodation, protection, relocation, or removal.

The costs for the PROJECT's positive identification and location, protection, relocation, or

removal of utility facilities whether inside or outside STATE's right of way shall be determined

in accordance with Federal and California laws and regulations, and STATE's policies,

procedures, standards, practices, and applicable agreements including, but not limited to,

Freeway Master Contracts.

6. STATE will be the CEQA Lead Agency and COUNTY will be a CEQA Responsible Agency.

STATE will be the NEPA Lead Agency, if applicable. COUNTY will assess PROJECT impacts

on the environment and COUNTY will prepare the appropriate level of environmental

documentation and necessary associated supporting investigative studies and technical

environmental reports in order to meet the requirements of CEQA and if applicable, NEPA.

COUNTY will submit to STATE all investigative studies and technical environmental reports

for STATE's review, comment, and approval. The environmental document and/or categorical

exemption/exclusion determination, including the administrative draft, draft, administrative

final, and final environmental documentation, as applicable, will require STATE's review,

comment, and approval prior to public availability.

If, during preparation of preliminary engineering studies, preparation of the PS&E,

performance of right of way activities, or performance of PROJECT construction, new

information is obtained which requires the preparation of additional environmental

documentation to comply with CEQA and if applicable, NEPA, this Agreement will be

amended to include completion of those additional tasks by COUNTY.

7. COUNTY shall be fully responsible for complying with and implementing any and all

environmental commitments set forth in the environmental documentation, permit(s),

agreement(s), and/or approvals for PROJECT. The costs of said compliance and

implementation shall be a PROJECT cost.

8. COUNTY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits,

agreements, and/or approvals from appropriate regulatory agencies, unless the parties agree

otherwise in writing. If STATE agrees in writing to obtain said PROJECT permits,

agreements, and/or approvals, those said costs shall be a PROJECT cost.

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AGREEMENT NO. A-11823 - CALTR�c                     �District Agreement # 05-CA-0246

9. COUNTY, subject to STATE's prior review and approval, as a PROJECT cost, shall be

responsible for preparing, submitting, publicizing and circulating all public notices related to

the CEQA environmental process and if applicable, the NEPA environmental process,

including, but not limited to, notice(s) of availability of the environmental document and/or

determinations and notices of public hearings. Public notices shall comply with all State and

Federal laws, regulations, policies and procedures. STATE will work with the appropriate

Federal agency to publish notices in the Federal Register, if applicable.

STATE, as a PROJECT cost, shall be responsible for overseeing the planning, scheduling

and holding of all public meetings/hearings related to the CEQA environmental process and if

applicable, the NEPA environmental process. COUNTY, to the satisfaction of STATE and

subject to all of STATE's and FHWA's policies and procedures, shall be responsible for

performing the planning, scheduling and details of holding all public meetings/hearings related

to the CEQA environmental process and if applicable, the NEPA environmental process

including but not limited to, public meetings/hearings in the environmental document. STATE

will participate as CEQA Lead Agency and if applicable, the NEPA Lead Agency, in all public

meetings/hearings related to the CEQA environmental process and if applicable, the NEPA

environmental process, for PROJECT. COUNTY shall provide STATE the opportunity to

provide comments on any public meeting/hearing exhibits, handouts or other materials at least

ten 10) days prior to any such public meetings/hearings. STATE maintains final editorial

control of exhibits, handouts or other materials to be used at public meetings/hearings.

10. In the event COUNTY would like to hold separate and/or additional public meetings/hearings

regarding the PROJECT, COUNTY must clarify in any meeting/hearing notices, exhibits,

handouts or other materials that STATE is the CEQA Lead Agency and if applicable, the

NEPA Lead Agency, and COUNTY is the CEQA Responsible Agency. Such notices,

handouts and other materials shall also specify that public comments gathered at such

meetings/hearings are not part of the CEQA and if applicable, NEPA, public review process.

COUNTY shall provide STATE the opportunity to provide comments on any meeting/hearing

exhibits, handouts or other materials at least ten 10) days prior to any such

meetings/hearings. STATE maintains final editorial control of exhibits, handouts or other

materials to be used at public meetings/hearings solely with respect to text or graphics that

could lead to public confusion over CEQA and if applicable, NEPA, related roles and

responsibilities

11. If there is a legal challenge to the environmental documentation, including investigative

studies and/or technical environmental report(s), permit(s), agreement(s), and/or approvals for

PROJECT, all legal costs associated with those said legal challenges shall be a PROJECT

cost.

12. All administrative reports, studies, materials, and documentation, including, but not limited to,

all administrative drafts and administrative finals, relied upon, produced, created or utilized for

PROJECT will be held in confidence pursuant to Government Code section 6254.5(e). The

parties agree that said material will not be distributed, released or shared with any other

organization, person or group other than the parties' employees, agents and consultants

whose work requires that access without the prior written approval of the party with the

authority to authorize said release and except as required or authorized by statute or pursuant

to the terms of this Agreement.

13. If unanticipated cultural, archaeological, paleontological or other protected materials are

encountered during construction of PROJECT COUNTY shall stop work in that area until a

Page 6 of 9

 

 

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40394-U01

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AGREEMENT NO. A-11823 - CALTR�c                     �District Agreement # 05-CA-0246

qualified professional can evaluate the nature and significance of the find and a plan is

approved for the removal or protection of that material. The costs for any removal or

protection of that material shall be covered as a PROJECT cost contemplated by this

Agreement. If any such discovery occurs, COUNTY will notify STATE within 24 hours.

14. The party that discovers HM will immediately notify the other party(ies) to this Agreement.

a. HM-1 is defined as hazardous material including but not limited to hazardous waste)

that requires removal and disposal pursuant to federal or state law, whether it is

disturbed by PROJECT or not.

b. HM-2 is defined as hazardous material including but not limited to hazardous waste)

that may require removal and disposal pursuant to federal or state law, only if

disturbed by PROJECT

15. STATE, independent of PROJECT, is responsible for any HM-1 found within existing SHS

right of way. STATE will undertake HM-1 management activities with minimum impact to

PROJECT schedule and will pay all costs for HM-1 management activities.

STATE has no responsibility for management activities or costs associated with HM-1 found

outside the existing SHS right of way. COUNTY, independent of PROJECT, is responsible for

any HM-1 found within PROJECT limits outside existing SHS right of way. COUNTY will

undertake, or cause to be undertaken, HM-1 management activities with minimum impact to

PROJECT schedule, and COUNTY will pay, or cause to be paid, all costs associated with

HM1 management activities.

16. If HM-2 is found within the limits of PROJECT, the public agency responsible for

advertisement, award, and administration AAA) of the PROJECT construction contract will be

responsible for HM-2 management activities. Any management activity cost related to HM-2 is

a PROJECT construction cost

17. Management activities related to either HM-1 or HM-2 include, without limitation, any

necessary manifest requirements and designation of disposal facility.

18. STATE's acquisition or acceptance of title to any property on which any hazardous material is

found will proceed in accordance with STATE's policy on such acquisition.

19. Upon completion of construction of PROJECT to the satisfaction of the STATE representative,

STATE will accept control of and maintain PROJECT.

20. Upon completion of all work under this Agreement, ownership and title to all materials,

equipment and appurtenances installed within STATE's right of way will automatically be

vested in STATE. No further agreement will be necessary to transfer ownership to STATE.

21. Nothing within the provisions of this Agreement is intended to create duties or obligations to or

rights in third parties not a party to this Agreement or to affect the legal liability of either party

to the Agreement by imposing any standard of care with respect to the development, design,

construction, operation or maintenance of the SHS and public facilities different from the

standard of care imposed by law.

Page 7 of 9

 

 

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40394-U01

AGREEMENT-U02

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LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89589-U03

AI93772-U03

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8/4/2010-U04

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5-U06

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PENA-U09

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7/19/2010-U011

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STATE-U012

PROJECT-U012

NO.-U012

EA-U012

05-0H8220,-U012

CONTRACT-U012

NO.-U012

10-111065;-U012

B.-U012

AUTHORIZE-U012

CHAIR-U012

TO-U012

EXECUTE-U012

COOPERATIVE-U012

AGREEMENT;-U012

C.-U012

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AGREEMENT NO. A-11823 - CALTR�c                     �District Agreement # 05-CA-0246

22. Neither STATE nor any officer or employee thereof is responsible for any injury, damage, or

liability occurring by reason of anything done or omitted to be done by COUNTY under or in

connection with any work, authority, or jurisdiction conferred upon COUNTY under this

agreement. It is understood and agreed that, COUNTY will fully defend, indemnify, and save

harmless STATE and all of its officers and employees from all claims, suits, or actions of

every name, kind and description brought forth under, including, but not limited to, tortious,

contractual, inverse condemnation, or other theories or assertions of liability occurring by

reason of anything done or omitted to be done by COUNTY under this agreement.

23. Neither COUNTY nor any officer or employee thereof is responsible for any injury, 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 conferred upon STATE under this

agreement. It is understood and agreed that, STATE will fully defend, indemnify, and save

harmless COUNTY and all of its officers and employees from all claims, suits, or actions of

every name, kind and description brought forth under, including, but not limited to, tortious,

contractual, inverse condemnation, or other theories or assertions of liability occurring by

reason of anything done or omitted to be done by STATE under this agreement.

24. No alteration or variation of the terms of this Agreement shall be valid unless made in writing

and signed by the parties hereto, and no oral understanding or agreement not incorporated

herein shall be binding on any of the parties hereto.

25. Those portions of this Agreement pertaining to the completion of PROJECT shall terminate

upon the satisfactory completion of all post-construction obligations of COUNTY and the

delivery of required PROJECT construction documents, with concurrence of STATE, or on

December 31, 2013, whichever is earlier in time, except that the ownership, operation,

maintenance, indemnification, environmental commitments, legal challenges, and claims

articles shall remain in effect until terminated or modified, in writing, by mutual agreement.

Should any construction-related or other claims arising out of PROJECT be asserted against

one of the parties, the parties agree to extend the fixed termination date of this Agreement,

until such time as the construction related claims are settled, dismissed or paid.

Page 8 of 9

 

 

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40394-U01

AGREEMENT-U02

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U02

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LI21329-U03

FO21330-U03

FO85769-U03

FO89518-U03

MG89556-U03

AS89582-U03

AS89589-U03

AI93772-U03

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7/19/2010-U011

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NO.-U012

EA-U012

05-0H8220,-U012

CONTRACT-U012

NO.-U012

10-111065;-U012

B.-U012

AUTHORIZE-U012

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TO-U012

EXECUTE-U012

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AGREEMENT NO. A-11823 - CALTR�c                                          �District Agreement # 05-CA-0246

STATE OF CALIFORNIA

Department of Transportation

RANDELL H. IWASAKI

Director

By

RICHARD KRUMHOLZ

District 5 Director

Approved as to form & procedure:

By

Attorney, Department of

Transportation

COUNTY OF MONTEREY

168 W. Alisal St.

Salinas, CA 93901

By

hair, Boa d of Supervisors

Approved as to form & procedure:

Certified as to financial terms & conditions: By a#O~i C~'~

C my Counsel   w

By

Accounting Administrator

Certified as to funds:

By

District 5 Budget Manager

Page 9 of 9

 

 

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PROJECT BUDGET - CONTRACT NO.�m�MONTEREY COUNTY DEPARTMENT OF PUBLIC WORKS

STATE ROUTE 68 AT SAN BENANCIO ROAD INTERSECTION IMPROVEMENTS

STATE PROJECT NO. EA 05-0H8220

CONTRACT NO. 10-111065

PROJECT BUDGET

Design Engineering/Environmental $1,088,455

Right-of-Way/Utilities 67,058

Construction Management 370,000

Construction

Engineer's Estimate $2,980,000

10% Contingencies 298,000

3,278,000

TOTAL ESTIMATED PROJECT COST: $4,803,513

REVENUE

County Traffic Impact Fees $749,082

State Transportation Improvement Program Funds 3,155,500

State Minor A Funds 750,000

TAMC Fees 148,931

TOTAL: $4,803,513

 

 

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LOCATION MAP - CONTRACT NO. 1�o�M. ter r e C o u ntr

Department of Public Works

State Route 68. at San Benando Road

Project Location

 

 

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