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HomeMy WebLinkAboutMutual Aid - Sierra Madre (2)p N AGREEMENT CITY OF ARCADIA - CITY OF SIERRA MADRE CITY OF ARCADIA - CITY OF SIERRA MADRE • AGREEMENT CITY OF ARCADIA - CITY OF SIERRA MADRE This AGREEMENT, is made and entered into by and between the CITY OF ARCADIA, a municipal corporation, hereinafter referred to as "ARCADIA", and SIERRA MADRE, a municipal corporation, hereinafter referred to as "SIERRA MADRE". WHEREAS, Santa Anita Canyon Road is a public roadway, portions of which lie within the jurisdictional limits of ARCADIA and SIERRA MADRE; and WHEREAS, ARCADIA and SIERRA MADRE propose to remove existing metal beam guardrail and construct new metal beam guard railing and appurtenant work, which work is hereinafter referred to as "PROJECT"; and WHEREAS, PROJECT is within the jurisdictional limits of ARCADIA and SIERRA MADRE; and WHEREAS, PROJECT is in the general interest of ARCADIA and SIERRA MADRE; and WHEREAS, PROJECT is eligible for application for Federal funds made available to local agencies for construction of safety projects; and WHEREAS, ARCADIA and SIERRA MADRE have individually secured available Federal funds for construction of Hazard Elimination Safety (HES) projects; and WHEREAS, ARCADIA proposes to administer the construction of PROJECT pursuant to the requirements of the State of California (CALTRANS) utilizing available HES funds; and WHEREAS, SIERRA MADRE is willing to finance its jurisdictional share of the construction of PROJECT; and WHEREAS, SIERRA MADRE proposes to assign a portion of SIERRA MADRE's HES funds to ARCADIA to cover its share of the construction of PROJECT; and WHEREAS, ARCADIA is willing to accept this assignment of HES funds. Now, THEREFORE, in consideration of the mutual benefits to be derived by ARCADIA and SIERRA MADRE and of the premises herein contained, it is hereby - 1 - . r Niro NNW agreed as follows; 1. SIERRA MADRE agrees: a. To finance SIERRA MADRE'S jurisdictional share of the cost of PROJECT, currently estimated to be $126,000. b. To assign $126,000 in SIERRA MADRE HES funds to ARCADIA to cover SIERRA MADRE'S estimated share of the cost of PROJECT. c. To allow the City of ARCADIA to advertise and administer the construction contract, inspect the contract work, pay the contractor and bill the State of California for reimbursement for and in behalf of SIERRA MADRE. d. To prepare and provide ARCADIA with construction plans approved by SIERRA MADRE and signed by a Registered Engineer for SIERRA MADRE'S jurisdictional share of PROJECT. e. To pay for costs of preliminary engineering, to include consultant fees and preparation and/or revision of construction plans prior to award of a construction contract. 2. ARCADIA agrees: a. To accept the assignment of SIERRA MADRE HES funds. b. To prepare construction plans for its jurisdictional share of PROJECT. c. To prepare specifications, cost estimates and correspondence necessary for State of California (CALTRANS) authorization to advertise PROJECT for construction bids. d. To advertise PROJECT for constructions bids, to submit construction bids to SIERRA MADRE and CALTRANS for concurrence to award a contract, to administer the construction contract, inspect the contract work, pay the contractor, bill the State of California for reimbursement for and in behalf of ARCADIA - 2 - E_ Sloe *ere and SIERRA MADRE and to do all things necessary and proper to complete PROJECT in accordance with approved plans and specifications and to act in behalf of SIERRA MADRE in all negotiations pertaining thereto. e. To furnish SIERRA MADRE, within 90 days after completion of PROJECT and acceptance by ARCADIA, a final accounting itemizing actual unit costs and actual quantities for PROJECT. 3. IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. PROJECT costs, as referred to in this Agreement, shall consist of the costs of materials, construction, final signing and striping, testing of construction materials, construction engineering, and all other work necessary to construct PROJECT in accordance with approved plans and specifications. PROJECT costs shall also include currently effective percentages added to total salaries, wages and equipment costs to cover overhead, administration, and depreciation in connection with any or all of the aforementioned items. PROJECT costs shall not include the cost of preliminary engineering or preparation of specifications and cost estimates. b. That SIERRA MADRE'S actual HES assignment will equal its jurisdictional share of the cost of PROJECT based upon the final accounting. c. If SIERRA MADRE'S share of the cost of PROJECT, based upon final accounting, exceeds the estimated amount specified in Section 1, paragraph a. , SIERRA MADRE'S assignment shall be increased accordingly. Conversely, if SIERRA MADRE'S share of the cost of PROJECT, - 3 - t Now Name based upon final accounting, is less than said estimate, SIERRA MADRE'S assignment shall be decreased accordingly. d. That if, for some reason, SIERRA MADRE has insufficient HES funds as set forth in Section 1, paragraph b. , SIERRA MADRE will pay additional funds to the City of Arcadia so that, when combined with the HES funds available, will equal SIERRA MADRE'S jurisdictional share of the cost of PROJECT. e. Neither SIERRA MADRE, nor any officer or employee of SIERRA MADRE, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ARCADIA under or in connection with any work, authority or jurisdiction delegated to ARCADIA under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, ARCADIA shall fully indemnify, defend and hold SIERRA MADRE 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 ARCADIA under or in connection with any work, authority or jurisdiction delegated to ARCADIA under this Agreement. f. Neither ARCADIA, nor any officer or employee of ARCADIA shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by SIERRA MADRE under or in connection with any work, authority or jurisdiction delegated to SIERRA MADRE under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, SIERRA MADRE shall fully indemnify, defend and hold ARCADIA harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by - 4 - slime 84me reason of anything done or omitted to be done by SIERRA MADRE under or in connection with any work, authority or jurisdiction delegated to SIERRA MADRE under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, by the CITY OF ARCADIA on ,LJuyc,5 7 /3 , 1991, and by the CITY OF SIERRA MADRE on 1991. CITY OF ARCADIA CITY OF SIERRA MADRE B Y • � r,se;.; BY l`% MAYOR MAYOR Title: Title: Attest: Attest: 41,/ A( 40 ) ..- Clerk Ci y C el 4, CITY OF ARCADIA CITY OF IERRA MADRE Approved as to Form: Approved as to Form: 77iJL/ // i :gage City Attorney Ci ""7" ney CITY OF ARCADIA CITY OF SIERRA MADRE - 5 -