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HomeMy WebLinkAboutSanta Clara Street Bridge & Equestrian tunnel �✓ 'war►' XJ/ ` - 1 • 1 2221 •, 7 �v (� / SUPPLEMENT 1 �,<<T�`„iE.?r.}. i vi a 3. TO JOINT POjr�]Ti S f�.(;", y'���` 67 r'~ NO. 1 222.1 14171! '.it'da COY OF ARCADIA 3 '3l1:1CS Al la vi)MENT TO JOINT PC":v%RS AGREENIETAT NO. 12221 made and 4 entered into this _.� /., ) ").. . day of , 1970, 5 BY AND BETY`1ElN 6 I COUNTY 01' LOS ANGELES, a body politic ard. eorpo te: hex.e�n" 7 after referred to as "County, " I 8 AN 9 CITY OF ARCA1)1A hon-3 z aftcr 10 referrer to as "City," 11 W I T N E S S E T H: 12 WHEREAS, the parties entered. into Joint Powers Agreeinmt: 13 No. 12221 on June 26, 1967, which provided for the construction 14 of an equestrian tunnel as part of the bridge and road 15 construction on Santa Clara Street across the Santa Anita Wash Z• " 16 in the City of Arcadia; and 17 WHEREAS, County deposited $25,000.00 with City for said o▪ z a . a < v N 18 1 equestrian tunnel construction; and ; as 19 1 WHEREAS, a delay in construction and the availability of tic? n a 20 � cost estimates indicates said sum of $25,000,00 z (08 more accurate o 21 1 insufficient and an additional sum not to exceed $15,000.00 is 22 necessary for said tunnel construction; 23 I NOW THEREFORE, in consideration of the mutual promises, 24 covenants and conditions hereinafter contained, the pa 'hies, and - f 25 each of then, do hereby agree as follows: 26 1. At page 2, line 31 of said Joint Powers Agreement there 27 shall be added the following paragraphs to sectio?.. rinmber 2 of 28 said agreement: 29 "Notwithstanding the foregoing paragraphs of 30 this A ;reement, and in addition thereto, the Coon.ty 31 agre r, to pay the a d 1_t io rw i costs and e'J:. ;en ies i f 32 attributable to the construction of said equestrian -1- i 't 7iT575R-Cdb 10-Cv 1 tunnel not to exceed in total $15,000.00, and upon 2 submission of the project costs based upon bids 3 received by City. The County .shall forthwith 4 deposit with the City the sum of FIFTEEN THOUSAND 5 AND NO/100 DOLLARS ($15;000.00) toward that 6 purpose. 7 Upon completion of the entire project the 8 City agrees to render final accounting to the 9 County. If the additional expenses herein agreed 10 to be paid by County are less than $15,000.00, 11 City shall refund to County that portion of said 12 $15,000.00 which is in excess of the actual 13 additional costs and expenses attributable to 14 the construction of said equestrian tunnel. " 15 2. All other terms and conditions of Joint Powers ago 8 16 Agreement No. 12221 not inconsistent herewith shall remain in a G o . 17 full force and effect and are hereby reaffirmed. ^ a < uN 18 / li i ° W '° � ., 19 Q / 2 oma 20 / zmo I J 0 21 / 22 / 23 / 24 / 25 / 26 / 27 / 28�p / 29 / / 30 / 31 / 32 _2_ � I. i i�76 15 7512-L.db 10-6& 7 I. IN WITNESS WHEREOF, the County of Los Angeles, by order 2 of its Board of Supervisors, has caused this agreement to be 3 executed on its behalf by the Chairman of sai.d. Board and 4 attested by the Clerk thereof, and the City of Arcadia has 5 executed this agreement the day, month and year first above 6 written. 7 8 ,,.gc COUNTY . LOS ANGELES ,t , 10 ,ti C1=man, Boar o Sug;eriaxsors 11 � 12 ATTEST: N 13 JAMES S. MIZE, Clerk of the Board of Supervisors 14 W 15 e, N B " __tea '— Z3. 0 K 0 '° Deputy c., F „ 16 c a Zt; t 17 0 i 0 - 4 Li 0 J 18 CITY Or ARCA1) A ! a � N i 6 W � n I i w - 19 , T Z x N 20 EDWARD L. BUTFERWORTb ; MAYO x J 0 21 APPROVED AS TO FORM: 22 JOHN D. MAITARC 23 Co my Counse 24 11 0 ,1■ 25 Deputy ' 26 27 APPROVED AS TO FORM: / C',f:ttorney 29 • 30 ' 4 ADOPTED 31 BOARD OF SU P';,30R3 1 j COUNTY CF LC 1;:',_:1:3 32 88 JUL 141970 3M ".,,„,„1711c. JAMES S. MIZE EXECUTIVE OFFICER JOINT POWERS AGREEMENT COUNTY & CITY FOR THE PURPOSE OF CONSTRUCTING AN EQUESTRIAN TUNNEL AS A PART OF THE BRIDGE AND ROAD CONSTRUCTION ON SANTA CLARA STREET ACROSS THE SANTA ANITA WASH IN ARCADIA. CITY WILL CAUSE TO BE CONSTRUCTED THE EQUESTRIAN TUNNEL. COUNTY AGREES TO PAY ACTUAL COSTS AND EXPENSES NOT TO EXCEED $25,000. CITY TO RENDER A FINAL ACCOUNTING TO COUNTY. IF LESS THAN $25,000 CITY SHALL REFUND TO COUNTY. COUNTY TO MAINTAIN THEREAFTER. ATTACHED IS THE AGREEMENT FOR ENGINEERING SERVICES IN CONNECTION WITH SAID CONSTRUCTION , . WI" H NEIL P. RICHARDS & ASSOCIATES DATED JANUARY 12, 1968 JUNE 26, 1967 -COUNTY/CITY JANUARY 12, 1968 - RICHARDS-City 446101 .400110 DATE: June 15, 1967 TO Lyman H. Cozad, FROM: C. E. Lortz, City Manager Director of Public Works SUBJECT: Joint Powers Agreement - Santa Clara Street Bridge and Equestrian Tunnel The Los Angeles County Parks and Recreation Department has submitted the attached Joint Powers Agreement between the City of Arcadia and the County of Los Angeles. Under provisions of the agreement the City of Arcadia will include with the Santa Clara Street bridge project , the construction of an equestrian tunnel. The County of Los Angeles agrees to reimburse the cost for the equestrian tunnel construction, up to $25,000. The agreement has been reviewed by the staff, and it is recommended that the City Council approve the agreement and authorize the Mayor and City Clerk to execute the same in a form approved by the City Attorney. Respectfully submitted, LORTZ, Director of Public Works APPROVED. City aler CEL/fn 154 >a•;rl r. Irr ... Aror t:01,1 il •.r YJ,IbL,. BOARD OF SUPERVISORS MEMBERS OF THE BOARD BURTON WCHACE FRANK G. COUNTY OF LOS ANGELES CHAIRMAN BONELLI KENNETH HAHN 383 HALL OF ADMINISTRATION i LOS ANGELES. CALIFORNIA 90012 ERNEST E. DEBS JAMES S. MIZE. ACTING CLERK OF THE BOARD WARREN M. DORN June 9, 1967 AiYfr County Counsel \\, \_\A At its meeting hold June 6, 1967, the Board of Supervisors adopted an order instrueting you to prepare end the Chairman to sign an agreement with t o City of Aresdia for the eonstrue- tion of an equ/strian tunnel under the proposed Santa Clara street bridge with stipulation that the County's oontribution shall be limited to • .„ I ituree associated with the construc- tion and planning of tunnel not to szoeed the total of $25,000.00. Cam'" - , '3' ' JA S� YA MS Clerk of the Board oft rtisor Bonelli of Administrative Offieer D.partsnnt of parks i lEeereation Auditor-Controller City of Areadia ter` a• . q t 2791 • 716T576L Cdb 8-61 „r✓' 44,44 R vr.,U J 6 1967 De .of Public Works CITY OF ARCADIA 1 JOINT POWERS AGREEMENT WITH THE CITY OF ARCADIA 2 3 THIS AGREEMENT, made and entered into this 26th day of 4 Time , 1967, 5 BY AND BETWEEN 6 " ry n, COUNTY OF LOS ANGELES, a body corporate and politic, herein- 7 after referred to as "County," 8 AND 9 CITY OF ARCADIA, hereinafter referred to as "City," 10 Ci WITNESSETH: 11 WHEREAS, Title 1, Division 7, page 5, Article 1, of the Govern- 12 ment Code of the State of California establishes a procedure for 13 the exercise of powers common to contracting parties where those 14 parties are within the definition of the term "public agency;" and 15 WHEREAS, the County and the City are within the term "public 16 agency;" and 17 WHEREAS, County and City desire to enter into a joint powers 18 agreement for the purpose of constructing an equestrian tunnel as 19 20 a part of the bridge and road construction on Santa Clara Street across the Santa Anita Wash in the City of Arcadia; and 21 WHEREAS, the County and City have deemed that it will be in 22 the best interest of the citizens of their respective communities 23 to establish such a facility by jointly cooperating therein; 24 NOW, THEREFORE, in consideration of the mutual promises, 25 covenants and conditions hereinafter contained, the parties, and 26 each of them, do agree as follows: 27 1. The City agrees to cause to be constructed an equestrian 28 tunnel as part of the bridge and road construction on Santa Clara 29 Street across the Santa Anita Wash in the City of Arcadia, said 30 construction is to be completed in accordance with plans and 31 specifications prepared by the City and approved by the County. 32 -1- 716T576L Cdb 8-01 Nair"' i The City agrees to perform any and all supervision and inspection 2 as may be necessary, it being the intention of the parties that the 3 City is to have primary control over all operations affecting this 4 project. The City agrees that the County, through its authorized 5 representatives, shall have the right to be present at all times 6 during the construction period to advise and make recommendations 7 to the City where necessary. 8 2. The County agrees to pay the actual costs and expenses 9 attributable to the construction of said equestrian tunnel not to 10 exceed in total $25,000.00 and herewith deposits with the City the 11 sum of TWENTY-FIVE THOUSAND AND N0/100 DOLLARS ($25,000.00) toward 12 that purpose. The actual costs and expenses attributable to the 13 construction of said equestrian tunnel shall include the contract 14 price thereof computed in accordance with the contract documents 15 for the project, and the pro rata share of the following costs: 16 preparation of plans and specifications therefor, surveying the site , 17 inspection of the work, administrative overhead computed at the rate 18 of 15% of each of the foregoing items except said contract price. 19 The pro rata share of the cost of the plans, specifications, survey- 20 ing, and inspection shall be that percentage thereof which the cost 21 of the equestrian tunnel as determined by the contract documents 22 bears to the total cost of the equestrian tunnel, bridge, street 23 surfacing and protective coating computed in accordance with the 24 contract documents. 25 Upon completion of the entire project the City agrees to render 26 a final accounting to the County. If the expenses herein agreed to 27 be paid by the County are less than $25,000.00, City shall refund to 28 County that portion of said $25,000.00 which is in excess of the 29 actual costs and expenses attributable to the construction of said 30 equestrian tunnel. 31 3. The County agrees that upon completion of the said tunnel 32 and for the duration of the existence of the said tunnel, the County -2- 76T576L Cdb 8-61 11 '° 1 shall perform any and all acts and bear any and all expenses neces- 2 nary for the proper maintenance, repair and upkeep of the tunnel. 3 4. It is understood and agreed that in the event the City 4 fails or neglects, for any reason, to improve the above-described 5 property in accordance with the plans and specifications heretofore 6 approved by the County within a period of twelve (12) youths from 7 the date of execution of this agreement, all sums transmitted 8 hereunder shall be refunded to the County on demand. 9 5. The City agrees to save, keep and hold harmless the County io and all its officers and agents from all damages, costs or expenses 11 in law or equity (including costs of suit and expenses for legal 12 services) that may at any time arise or be set up because of damages 13 to property or death or injury to persons received or suffered by 14 reason of the operations of the City hereunder or which may be 15 occasioned by any negligent act or omission to act which amounts to 16 negligence on the part of the City or any of its agents or employees 17 or any act or omission to act on the part of said City, its agents 18 or employees which results in a dangerous or defective condition 19 of property or the maintenance of a dangerous or defective condition. 20 . .f property, until said tunnel is completed. 1 21 IN WITNESS WHEREOF, the County of Los Angeles, by ordJ of its k 22 1:oard of Supervisors, has caused this agreement to be executed on 23 , ts behalf by the Chairman of said Board and attested by the Clerk 24 / 25 / 26 / 27 / 28 / 29 / 30 / 31 / 32 / • -3- • 716T576L cab 8-61 ‘We' "` 1 2 thereof, and the City of Arcadia has executed this agreement the 3 day, month and year first above written. 4 5 COUNTY OF LOS ANGELES 6 By ,. y 7 C` iairman, Board of Supervisors 8 9 10 ATTEST: 11 JAMES S. MIZE, Clerk of the Board of Supervisors 12 13 eputy 14 CITY OF ARCADIA 15 APPROVED AS TO FORM: f /7;?74e' 16 HAROLD W. KENNEDY By r County Counsel 17 By A.FiTOVED AS TO FORM 18 Deputy 21 22 23 24 25 26 27 28 29 30 31 32 •