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76T375R Cdb 2-68 A'�
17828 m EmENT
1 SUPPLEMENTAL AGREEMENT
2 THIS AGREEMENT, BY AND BETWEEN 4�
3 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic, hereinafter
4 referred to as "DISTRICT";
5 AND
6 CITY OF ARCADIA,
a body corporate and politic, hereinafter
7 referred to as "CITY";
8 WITNESSETH:
9 WHEREAS, the parties hereto have previously entered into an Agreement
10 dated March 23, 1971, District No. 17828 hereinafter referred to
11 as "Engineering Agreement" which provides, among other things, for City to
12 prepare and deliver to District as scheduled the necessary plans, supporting
13 data, and data for inclusion in the specifications for the construction of
i 14 1970 Bond Issue Projects Nos. 11+50, 9602, and 9635; and
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s • 15 WHEREAS, this Engineering Agreement provides that the City will be
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o o _ 16 reimbursed its actual costs for such work up to a Maximum Engineering Fee; and
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< u N 17 WHEREAS, fees agreed upon in Paragraph 1+ of Engineering Agreement are
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X < o 18 reasonable and consistent with the fee schedules in "Consulting Engineering -
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_ • 0 19 A Guide for Engagement of Engineering Services" by the American Society of Civil
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20 Engineers; and
21 WHEREAS, the payment of the mutually agreed upon fees adjusted for
22 changes in the cost index in accordance with Attachment A of Engineering
23 Agreement rather than the payment of a fee based upon actual costs will result
24 in a savings to each party by reducing auditing and bookkeeping costs.
25 NOW, THEREFORE, in consideration of the premises and the mutual
26 benefits which will result to the parties hereto in carrying out the terms of
27 this Supplemental Agreement, it is mutually understood and agreed that the Base
28 Engineering Fee stipulated in Paragraph 1+ adjusted for major changes which are
29 beyond the scope of the City's responsibility as provided for in Paragraph 10,
30 and final adjustments for changes in the cost index, in accordance with Attach-
31 ment A of Engineering Agreement, will be paid by District to City.
32
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•761-575,R Cdb+t,69 ` "•
1 It is further understood and agreed that Engineering Agreement is not
2 altered or changed in any manner whatsoever except as specifically supplemented
3 herein.
4 IN WITNESS WHEREOF, the parties hereto have caused this Supplemental
5 Agreement to be executed by and through their respective and duly authorized
6 officers on this . AL-rit day of 0.442 , 1974_, by City and on
7 this .,.2'jj._T i� day • ,f %. t.i 197 / , by District.
8
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� F % 'LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
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,.a r1 By 44,444,%., Wt. t.ia‘
16 ". �b Chairman, Board of Supervisors
ATTEST:
11 �% r
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James S. Mize ?
Executive Officer-Clerk of
12
the Board of Supervisors
13
., By '--"
z Z o 14 Deputy
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15 APPROVED AS TO FORM:
• re John D. Maharg
o i• o if' County Counsel
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1 By -tiiv(4- C.,< ,
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z_ (ID (8 19 CITY OF ARCADIA
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By�.__W_
21 .- J es R. Helms, Jr.
,A%ayor, City of Arcadia
22 AT'1'BS +�.--
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24 Christine Van iiaanen
95 Arcadia City Clerk
26
27
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31 ADOPTED '
BOARD OF SUPERVISORS
32 I M: ss/all COUNTY OF LOS ANGELES
4 4 AUG 24 1971
,,....
_ 2 —
JAMES sS. MIZE
EXECUTIVE OFFICER
"'""'2"/ 4,717..,„00.4
DATE: July 30, 1971
TO: Lyman H. Cozad FROM: Chester N. Howard
City Manager Director of Public Works
Subject: 1970 Storm Drain Bond Issue -
Supplemental Engineering Agreement
The basic engineering agreement between the Los Angeles County Flood Control
District and the City for subject storm drains was approved by the City Council
on February 16, 1971. The Council's approval of the agreement was contingent on
the undersigned obtaining a verbal commitment from the Chief Engineer of the
District to the effect that should any amendments to future agreements be made
in accordance with recommendations made by the League of Cities Technical Com-
mittee, that these revisions would be included in a supplemental agreement for
the City of Arcadia.
Mr. Bruington, the Chief Engineer, advised that he could not make such a verbal
commitment and that it was very unlikely that any of the League recommendations
would be included in future engineering agreements. This information was com-
municated to the Council and the decision was that the agreement be approved as
presented.
The Flood Control District has, in fact, modified the basic engineering agree-
ments for other cities to include a provision that payment of engineering fees
to Cities be made on a stipulated basis rather than on the basis of audited
records maintained by the City. This means that a City can recover its direct
cost for plan checking and administering the drain project without the need of
substantiating these costs by providing the District with certified triplicate
copies of our accounting records. The supplemental agreement by no means
changes the existing agreements with the engineering consultants that have
been retained to do the design work on the Arcadia projects. It is however
necessary that the supplemental agreement be approved by the City.
It is therefore recommended that the City Council approve the attached supple-
mental agreement and that the Mayor and City Clerk be authorized to execute
same in a form approved by the City Attorney.
Respectfully submitted,
Gt
CHESTER N. HOWARD,
Director of Public Works
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APPROVED: L _, ,,. „//%, /.,
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30 and final adjustments for changes in the evo ----- .
, 31 ment A of Engineering AS
reement will be paid by District to City.
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SUPPLEMENTAL AGREEMENT
2 THIS AGREEMENT, BY AND BETWEEN
3 LOS ANGF.r,FS COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic, hereinafter
4 referred to as "DISTRICT";
5 AND
6 CITY OF ARCADIA,
a body corporate and politic, hereinafter
7 referred to as "CITY";
8 WITNESSETH:
9 WHEREAS, the parties hereto have previously entered into an Agreement
10 dated March 23, 1971, District No. 17828 hereinafter referred to
11 as "Engineering Agreement" which provides, among other things, for City to
12 prepare and deliver to District as scheduled the necessary plans, supporting
13 data, and data for inclusion in the specifications for the construction of
« 14 1970 Bond Issue Projects Nos. 1450, 9602, and 9635; and
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°u : • 15 WHEREAS, this Engineering Agreement provides that the City will be
8 i � � 16 reimbursed its actual costs for such work up to a Maximum Engineering Fee; and
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'' 18 reasonable and consistent with the fee schedules in "Consulting Engineering -
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Z m o 19 A Guide for Engagement of Engineering Services" by the American Society of Civil
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20 Engineers; and
21 WHEREAS, the payment of the mutually agreed upon fees adjusted for
22 changes in the cost index in accordance with Attachment A of Engineering ,
23 Agreement rather than the payment of a fee based upon actual costs will result
24 in a savings to each party by reducing auditing and bookkeeping costs.
25 NOW, THEREFORE, in consideration of the premises and the mutual
26 benefits which will result to the parties hereto in carrying out the terms of
27 this Supplemental Agreement, it is mutually understood and agreed that the Base
28 Engineering Fee stipulated in Paragraph 4 adjusted for major changes which are
2g beyond the scope of the City's responsibility as provided for in Paragraph 104
30 and final adjustments for changes in the cost index, in accordance with Attach,
31 ment A of Engineering Agreement, will be paid by District to City.
32
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1 it is rurther understood and agreed that Engineering Agreement is not
,) :„; altered or changed n any manner whaLsoever except as specifically supplemented
herein.
4 Th WITNES5 WIMECT, the parties hereto have caused this Supplemental
Arreement be executod by and through their respective and duly authorized
(i l'ioc•rs n th i5 d azr or , 197 1 by City and on
this day of ,197 , by District.
8 1! DOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
Chairman, hoard of Supervisors
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James
Executive ,: fficer-Clerk of
the Lbard or flupervisors
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9. Tlaharg
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Deputy
Z ,T 6 C ITY OF ARCADIA.
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1 AGREEMENT
2 THIS ACREEP4ENT, BY FNP BET[^?FFN 171828
3 LOS ANCFLES COUNTY FLOOD CONTROL,
DISTRICT, a body corporate and
4 politic, hereinafter referred to as
5
"DISTRICT" ;
AND
6
CITY OF ARCADIA
7 a• body corporate and politic, herein-
after referred to as "CITY" ;
8
9 wITNESSFTN:
10 'THFRFAS, the issuance of bonds by the District in the
11 sum of " 252 , 000, 000 for the control of surface waters by
12 construction of storm drains and drainage channels was authorized
13 by the electorate on the third day of November, 1970; and
z 14 WHEPFAS, a general description of said storm drains and
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15 drainage channels , together with the drawings showing the general
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u o ^ 16 location thereof, is set forth in the Report of A . 7. Bruington,
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m < uN 17 Chief Engineer of. the Los Angeles County Flood Control District,
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z18 entitled "Report or. the Control of Surface Water by Storm Drains
V0 19 and Drainage Channels, 1970 Program" , filed with the Board of
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20 Supervisors of said District on July 21, 1970, and approved by it
21 on July 28 , 1970 ; and
22 WHEREAS , said Report provides that the various cities
23 and the County will be requested to enter into Joint Powers
24 Agreements with District pursuant to provisions of Government
25 Code Sections 6500-6513 to prepare and deliver to District as
26 scheduled the necessary plans , supporting data, and data for
27 inclusion in the specifications for the projects included therein,
28 in accordance with criteria and standards to he established. by
29 said Chief Engineer, and that District will reimburse said cities
30 and County, respectively, from the bond funds, their costs up to the
31 I■"aximum Engineering Fee for the preparation of said lans and
32 related data, adopted by District; and ADOPTED
BOARD OF SUPERVISORS
COUNTY OF LOS AFiC;:LCS
70 MAR 23 1971
JAMES S. MILE
EXECUTIVE OFFICER
76Tk5R Cdb 2-'68
•
44.110 '41100
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1 ,:ITEREP.S , the hoard of r unervisors of District is
authorized , pursuant to Section 17 of the Jos 7,ncreles County
3i "lood, Control Tct, to cooperate and act in conjunction with
4 municipalities and other puhlic aaencies in the construction,
5 and maintenance of any 'or}_ for the control and
1
6 !I conservation of flood or storm raters of said District; and
7 ' HEP_FAS, City in recognition of the necessity and
8 importance of constructing the proposed storm drains and drainage
9 channels , is Tilling to cooperate r i.th District to assure
10 completion of the ,pork in the most efficient and economical manner;
11 j and
12 '
PHFPEAS , City is —Mina, under the conditions herein-
13 after set forth , to prepare or provide the necessarY plans ,
14 supporting data, and data for inclusion in the specifications for
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Pi 16 I to deliver said plans, supporting data, and data for inclusion in
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x a u N 17 the specifications in a form acceptarhle to the Chief T'ncineer of
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z " 191 TTnT', TTTFPFFOT?F, in consideration of the premises and
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20 the mutual benefits Yhich will result to the parties hereto in
21 carrying out the terms of this %'cireement, it is mutually agreed
22 as follows :
23
nFF'IPTITIC�'.L
24 1 . Ts used in this ' greement : "Tct.ual costs" means
25 salaries of employees, vacation , rich leave, retirement contri-
96 hutions , yorkman ' s compensation , insurance premiums , supervision
27 over such employees Yhile so employed , fees to private engineers ,
98 equipment and supplies , travel expenses , plus a proration of all
29 indirect expenses except those indirect expenses for services to
30 which the District is entitled as a matter of law.
31 "District Criteria and ''tandards" means the criteria
32 and standards set forth in "1070 ?tom Drain Pond Issue
33 Instruction Manual" , "1970 Storm Drain Bond Issue Cost and
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4
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1 Quantity Estimating Manual" , "Los Angeles County Flood Control
2 District Structural Design Manual", "Los Angeles County Flood
3 Control District Standard Drawings Manual" , and "Los Angeles
4 County Flood Control District Hydraulic Design Manual" . These
5 five manuals are acceptable by City as appropriate and proper
6 for the work required of the City under this contract subject,
7 however, to such modifications as may he made by mutual agreement.
8 "Report" means the Report of A. E. Bruington, Chief
9 Engineer of the Los Angeles County Flood Control District,
10 entitled "Report on the Control of Surface Storm Water by Storm
11 Drains and Drainage Channels, 1970 Program" filed with the Board
12 of Supervisors of District on July 21, 1970, and approved on
13 July 28 , 1970.
H N 14 With the exception of Item 2, below, all payment noted
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u 15 herein will be made only from monies received by the District
ozo - 16 from the sale of bonds authorized by the electorate on
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m 18 PREPARATION OF REPORT
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zoo 19 2. For those projects included in the Report, District
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20 will pay to City, upon execution of this Aareement and upon
21 receipt of claim therefor, its actual cost incurred after
22 Narch 24 , 1970, for preparing and submitting data, requested by
23 the Chief Engineer and used for the preparation of the Report.
24 FEES FOR PROJECTS TO BE DESIGNED BY CITY
25 3. City will he responsible for design of projects
26 and submittals of data requested herein and be reimbursed its
27 actual costs up to the Maximum Engineering Fee. Maximum
28 engineering fees will he determined from Base Engineering Fees
29 as described in Attachment A .
30 4 . The Base Engineering Fees and projects to he designed
31
32
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76T575R Cdb 2-68 •
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1 by City are as follows :
2 Project Pao. Lase Engineering Fee
3 Project No. 1450 $45,200
4 Project No. 9602 $30 , 300
5 Project No. 9635 $41, 300
6
7 SCHEDULE OF t1ORF
8 5a. bithin sixty (GO) days after execution of this
9 Agreement, City will transmit to District a mutually agreed upon
10 schedule showing the date on which it will start the design and the
11 date on which final plans will be submitted to District, for each of
12 the projects listed above or authorized units thereof. In the
13 event City finds it necessary to change either the Design Start
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N 14 Date or Final Plan Receipt Date, City will advise Chief Engineer
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m < u6 17 change will be approved by the Chief Engineer if he determines that
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Z � o i be detrimental to the overall program schedule.
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20 � 5b. In the event District finds it necessary to change
21L City 's schedule of work to even the flow of projects to District
221 for processing, or to reduce a backlog, or to adjust for delays,
23 or other reasons where it is believed such change will be in the
24 best interest of the 1970 Bond Issue program, District will notify
25 City within sixty (60) days of such revised dates or the originally
26 scheduled dates whichever is earlier.
27 PREPARATION OF PLANS
28 6. District will furnish City with a reasonable
0 number of copies of District Criteria and Standards.
7a. City will prepare, complete, and deliver to the
11 Chief Engineer of said District in accordance with the schedule
11 noted in Paragraph 5, the necessary plans , supporting data, and
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76T375R Cdb 2.88
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1 data for inclusion in the specifications for the construction of
2 each of those storm drains listed, and as set forth in Report and
3 District Criteria and Standards . District Criteria and Standards
4 may be modified by mutual consent.
5 7b. District will deliver to City prior to the Design
6 Start Date, the following:
7 (1) Reproducible copy of a 1"=200 ' scale plan
8 and profile of the project.
g (2) A drainage map (scale 1"=2, 000 ' ) indicating
10 main line design n' s and peak design f'' s for
ii individual subareas tributary to the main line.
12 District will prepare and deliver additional
13 hydrologic calculations and drainage maps as may be required by
Z• a 14 City.
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ou o °m 15 PRELIMINARY DATA
D R. Prior to the submittal of preliminary data, City
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Za " 19 limits or types of structures from those
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21 data. Suhmittal to he in accordance with said
22 criteria and standards .
23 h. Request for approval of deviation, if any,
24 from District Criteria and Standards .
25 9 . City will submit preliminary data prepared in
26 accordance with District Criteria and Standards as follows :
27 a. Reproducible copy of District prepared 1"=200 '
28 scale plan and profile with any changes
29 resulting from hydraulic calculations and also
30 showing catch basins; or a similar drawing if
31 the alignment has been changed.
32 h. rain line hydraulic calculations .
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761•575R Cdb 2.68-* •
%001 44100
1 c. Catch basin design data.
2 d. Soils reports .
3 e. Survey notes and bench mark level notes, if
4 required.
5 f. Industrial waste report., if required.
6 g. Engineering geology report, if specified
7 in Paragraph 4.
8 h. Description of any proposed multi-use,
9 aesthetic, qr landscaping concepts.
10 City will be responsible for the accuracy and complete-
11 ness of all items listed.
12 10. District will review the preliminary data submitted
13 in accordance with Paragraph 9, above. The review of the
ZZ 14 submitted preliminary plans and other data will be made to
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U < < 15 determine conformance with Report and District Criteria and
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gzLL - 16 Standards. City may elect to submit items d and g listed in
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< u „ 17 Paragraph 9, above, subsequent to submittal of other preliminary
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< < 18 data but prior to submittal of final plans . However, the thirty
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_ ; o 19 percent (307) payment as outlined herein will not be made to City
20 until items d and g have been submitted to the District. After
21 thirty (30) days following the submittal of preliminary data, and
22 in the absence of requests to City by District for additional data
23 or revisions, District will, upon receipt of claim therefor, pay
24 City thirty percent (307) of the L'ase Engineering Fee for each
25 project listed or authorized unit thereof. However, no payment
26 will be made prior to the Design Start Date approved by Chief
27 Engineer. If after approval of preliminary data any major
28 changes are requested by the District which are beyond the
29 scope of the City' s responsibility, the District will pay all.
30 necessary additional engineering costs .
31 11. City will submit data for railroad crossings prior
32 to submittal of final plans.
33 12. Following submittal of preliminary data, City will
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76T575R Cdb 2.68
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1 submit the following with final plans prepared in accordance
2 with District Criteria and Standards :
3 a. All information not previously submitted in
4 Paragraphs 9a through 9h and 11, inclusive,
5 and any revisions to that information.
6 b. Final drawings.
7 c. Structural calculations .
8 d. Data for inclusion in certain sections of
9 specifications .
10 e. Evidence of plan review by utilities and other
ii agencies .
12 f. Cost and quantity estimates including
13 comparative cost estimates to justify utility
za 14 relocations.
U 15 g. Right of entry for City-owned lands affected
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m ( uN 17 cases where City cannot legally provide this
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20 13. Upon submittal by City of final plans or drawings
21 as described above, District will, upon receipt of claim therefor,
22 pay City sixty-five percent (655.) of the Maximum Engineering Fee
23 for the project or authorized unit thereof less any pa"ment
24 previously made for each project listed or authorized unit thereof.
25 14 . District will review the final plans or drawings,
26 supporting data, and data for inclusion in specifications,
27 submitted in accordance with Paragraph 12, above. The review
28 of the submitted final plans or drawings, supporting data, and
29 data for sections of the specifications will he made to
30 determine conformance with Report and District Criteria and
31 Standards . In no event shall review relieve City of its
32 responsibility for the completeness, accuracy, and good workman-
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76T175R Cdb 2X8
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1 ship of all plans, supporting data, and data for sections of the
2 specifications for the projects or authorized unit thereof
3 which are submitted to the District. Pursuant to Government Code
4 Section 895. 4 , City, by this Tgreem.ent, assumes financial
5 responsibility for any loss or damage to District arising out of
6 City's errors, omissions , or improper workmanship with regard to
7 the same, it being understood and agreed, however, that the
8 completeness, accuracy, and workmanship required of City to he
9 relieved of responsibility under this Agreement shall be deemed
10 met where District Criteria and Standards have been met or,
11 in the absence thereof, current standards of civil engineering
12 practice have been met by City as to the particular matter in
13 question. Pursuant to Government Code Section 895.4, District
0 N 14 by this Agreement, assumes financial responsibility for any loss
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p � 15 or damage to City arising out of District' s errors , omissions,
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< uA 17 15. After the final plans or drawings and supporting
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q0 19 above, District will, upon receipt of claim therefor pay City
20 its actual costs incurred as of the date of submittal . In no
21 event, however, shall this payment exceed ninety-five percent
22 (95%) of the Maximum Engineering Fee for the project or authorized
23 unit thereof, less the sum of any payments previously made for
24 each project or authorized unit thereof.
25 16. City will cooperate and consult with other agencies
26 in the event that a project or a portion of a project herein
27 described is affected by or affects projects being designed by
28 other agencies .
29 PROJECTS DFSIG!TED II UNITS
30 17. City will prepare, complete, and deliver, in
31 accordance with Paragraphs 1 through 16 , said plans , supporting
32 data, and data for inclusion in the specifications for one or more
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76T575R Cdb 2-68 ' •
1 units or portions of a project in advance of completing said
2 plans, supporting data, and data for sections of the specifications
3 for the entire said project, when the Chief Ingineer of District
4 and City Fngineer mutually deem it necessary. Uhen City so
5 desires, it may submit a claim to District for payment for the
6 preparation of said plans , supporting data, and data for inclusion
7 in the specifications for said unit or units , in accordance
8 with provisions of Paragraphs 1 through 16 and the Attachment A
9 prior to submitting a claim for payment for preparing said plans ,
10 supporting data, and data for inclusion in the specifications for
11 the entire project. Said claim is to he in triplicate, in detail,
12 and in a form satisfactory to the Chief Fngineer of District.
13 BETTERMENTS
z z N 14 18. City will pay for all betterments requested by
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m4U 17 incurred by District in connection with said betterments as
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21
22
23
24
25 RICNTF OF WAY
26 20. City will cooperate with District in conducting
27 negotiations with and issue notices to public utility organi-
28 zations and private owners regarding the relocation, removal ,
29 operation, maintenance, etc. , of all surface and underground
30 utilities , structures and transportation services which interfere
31 with the proposed construction.
32 21. City will upon request of District and wherever
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70 1)))1(lidb L-be
1 legally possible, grant, transfer, or assign to District without
2 cost to District:
3 a. Any drainage or kindred type easements no' or
4 hereafter under the jurisdiction or ownership
5 of City, necessary or useful to the accomplish-
6 ment of the various projects in District's
7 1970 Bond Issue.
8 b. Drainage or kindred type easements in suitable
9 locations across lands now or hereafter under
10 the jurisdiction or ownership of City where such
11 rights are necessary or useful to the accomplish-
12 ment of the various projects in District's
13 1970 Bond Issue, provided, however, this
0 14 subparagraph shall create no obligation to
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U < 15 transfer any such interest where, in the
O• z• o - 16 judgment of City, such transfer will adversely
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40 18 c. such other acceptal: le rights as are necessary
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i e o" 19 or useful in the construction, operation, and
20 maintenance of the various projects in District's
21 1970 Bond I{ sue in, over, and across public
22 streets under the jurisdiction of said City
23 and/or other City-owned property.
24 The foregoing requirements of cost-free granting, transfer, or
25 assignment shall not, however, apply to any land owned by City
26 but not necessary to or used by City for the performance of any
27 City functions .
28 PREPARATION OF SPECIFICATIONS
29 22. District will complete the specifications and
30 incorporate plans in the specifications and when adopted,
31 advertise, award, and administer the construction contract for the
32 projects referred to herein.
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761'175R Cdb 2=68 •
1 23. District specifications will call for contractor
2 to comply with City ordinances. City will furnish District with
3 pertinent information regarding particular ordinances it desires
4 to have included in specifications .
5 CONSTRUCTION
6 24. After receipt of bids City will upon request of
7 District:
8 a. Prepare and submit change-of-plan drawings
9 required to provide for unforeseen conditions ,
10 construction difficulties, or revisions
11 determined to be necessary during construction
12 of the project.
13 h. Issue a no-charge excavation permit to
to• a 14 contractor.
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O o= 16 drawings, exclusive of reinforcing steel
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< J i 18 25. City will furnish to District without cost the
zoo 19 general construction permits for each project identified in
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20 Report and located within the limits of City.
21 TRAFFIC RELOCATIONS, INSPECTION OF SANITARY :EWERS, ZND LIAISON
22 26 . City, as mutually agreed to between District and
23 City and upon request of the Chief Engineer of District, will
24 perform or cause to he performed the work of relocation,
25 reconstruction, or modification of those existing traffic, police,
26 and fire signal installations and appurtenant facilities , safety
27 lighting, street lighting, traffic striping, pavement marking and
28 parking meter installations , and such other work which is located
29 within public streets over which City has jurisdiction and which
30 must he relocated, reconstructed, or modified to permit or
31 facilitate the construction of said projects as herein described,
32 as well as those projects included in neport and designed by
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76T595R Cdb 2-b8 ' , • ,
1 others which affect facilities under City's jurisdiction. City
2 c•.ill furnish to the Chief Engineer of District a detailed
3 itemized estimate of the actual cost for said work within ten (10)
4 days after submission by District of the plans and specifications
5 for the governing body of City.
6 27. City will provide inspection upon request of the
7 Chief Engineer of District as follows :
8 a. Those existing traffic, police and fire
9 signal installations , and appurtenant facilities ,
10 safety lighting, street lighting, traffic
11 striping, pavement marking, and parking meter
12 installations , and such other work which is
13 located within pu lic streets over which City
i 14 has jurisdiction and which must he relocated,
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u < < 15 reconstructed, or modified by District' s
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o 'z0 - 16 contractor to permit or facilitate the
re U w 17 construction of projects as herein described.
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20 under City' s jurisdiction.
21 City will submit a written estimate of the actual cost of such
22 inspections for each project within thirty (30) days after formal
23 approval by the governing body of City of District' s approved
24 plans and specifications for each project.
25 28. City will provide inspection of main line sanitary
26 sewers under the jurisdiction of City and maintain owe records
27 for sewers which must he reconstructed or modified by District's
28 contractor to permit the construction of the projects described
29 in Paragraph 4 in accordance with the approved District plans
30 and specifications for each project. City will submit a written
31 estimate of the cost of such work for each project within thirty
32 (30) days after formal approval by City of District' s plans and
33 specifications for each project.
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76T573R Gdb 2.68
1 29 . During construction of the projects described in
2 Paragraph 4 , District will furnish inspectors or other authorized
3 representatives to perform the usual functions of inspectors .
4 City may inspect any portion of said work or relocation, recon-
5 struction, or modification at such times and for such durations
6 as it may desire, provided, however, reimbursement by District
7 to City shall be only for the actual cost of inspections
8 authorized by the Chief Engineer of said District.
9 30. City may arrange with District to have a liaison
10 man available during the construction of any of the projects
11 listed herein; the actual cost of liaison will be paid for from
12 construction funds. Said liaison man will coordinate project
13 related activities of City departments and consult with District's
y• N 14 personnel but will have no authority to direct the District' s
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U 15 contractor concerning the work which is in progress.
o z0 16 31. District will reimburse City for its actual costs
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ztO 0 19 reconstruction or modification and inspection or reconstruction,
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20 relocation, or modification of said requested traffic, police,
21 and fire signal installations and appurtenant facilities, safety
22 lighting, street lighting, traffic striping, and parking meter
23 installations, liason, and such other work of a similar nature as
24 provided in Paragraphs 26 through 30, above.
25 NOTIFICATION OF PROJECT COrMPLETION
26 32. District will advise City in writing at least
27 fourteen (14) days in advance of field acceptance of any project
28 or authorized unit thereof which affects facilities under City' s
29 jurisdiction and/or control so that City may file any claim it
30 may have against District.
31 FINAL PAYMENT OF ENGINEERING FEE
32 33. Upon completion of construction of each of the
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761373R Cdb 2.68 ,
1 projects or authorized units thereof and acceptance thereof by
2 District, District will pay to City its actual costs less the sum
3 of any payments previously made, subject to the limitation that
4 in no case will the total payment exceed one hundred percent (100)
5 of the Maximum Engineering Fee plus the cost of any extra work
6 authorized by District as noted in Paragraph 10.
7 34 . Subject to the actual cost requirements of this
8 Agreement, should there be a savings realized in the engineering
9 cost of any project listed herein, said savings may be used, upon
10 approval of District's Chief Engineer, to increase the Maximum
11 Engineering Fee of any other project listed herein.
12 OPERATION AND MAINTENANCE
13 35. City will resume operation, maintenance, and
i N 14 responsibility for all revised or reconstructed improvements
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17 street lighting, street trees, traffic and parking control
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< 18 devices, bridges , and all other similar facilities upon
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20 PRIVATE ENGINEERS
21 36. The City may employ by contract, or in any manner
22 that it may see fit, private engineers , and/or the County Engineer
23 of Los Angeles County, to perform the work proposed to be performed
24 under this Agreement, and may assign in writing any monies due
25 or that may become due and District hereby agrees to accept and
26 honor said assignments and pay such monies due in accordance with
27 said assignments and this contract. City shall, however, at all
28 times remain fully and directly responsible to District for
29 compliance with each and all terms of this Agreement.
30 AMENDMENT OF AGREEMENT
31 37. This Agreement may he amended or terminated by
32 mutual consent of both parties hereto. It will otherwise remain
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•
•
76TS75R Cdb 2.68 • t
1 in full effect until completion of construction of all storm
2 drain projects affected by this Agreement in accordance with the
3 adopted plans and specifications, and acceptance by District.
4 COOPERATION ON OTPER PROJECTS
5 38 . Notwithstanding any other provisions of this
6 Agreement, City is to provide all of the services listed herein,
7 except actual design, for projects not listed herein hut listed
8 in Report which lie wholly or partially within City' s
9 1-'oundaries. This will include hut is not limited to full
10
11
12
13
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26
27
28
29
30
31
32
- 15 -
76fl5R Cab 2•68 • •
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1 cooperation with the design agency, issuance of cost-free
2 construction permits, relocation and modification of existing
3 improvements, transfer of rights of way, etc.
4 IN WITNESS WHEREOF, the Parties hereto have caused this
5 Agreement to be executed by and through their respective duly
6 authorized officers , on this CA day of 'MCdcAr.K, •
7 l97 , by City and on this t d day of V) � � ,
8 19 71, by Di
9 0A1110■� I;OS ANGELES COUNTY FLOOD CONTROL
DISTRICT
10 w "rrrrrrrr~
By
Chairman, Board of Supervisors
12 807. .0
1TTFST:
13 James S. Tai ze
Executive Officer-Clerk of the
i 14 Board of Supervisors
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o• Fo 15
oo z 0 16 Deputy
• < u m 17 APPROVED AS TO FORM:
i
`fir' •
1 j ATTACHMENT A
2 The Base Engineering Fee includes fees for surveying and soil testing where
3 surveying and soil testing will be required. The "cost index" used in developing
4 the Maximum Engineering Fee will be determined as calculated below:
5 CI = 1 + B - A (Note A = $1138)
A
6 CIZ = "cost index" on any date, Z
7 A = $1138 = Salary of Civil Engineering Associate at third step on
July 1, 1970, as shown in the Salary Ordinance of Los Angeles
8 County.
9 B = Salary of Civil Engineering Associate at third step on date
Z as shown in the Salary Ordinance of Los Angeles County.
10
11 The Maximum Engineering Fee payable will be calculated in the following manner:
12 1. If final plans for a project are received on or after the scheduled
13 Final Plan Receipt Date for the project, the Engineering Fee will
J
N• N 14 be calculated as follows:
Z
3 Z
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z N z time-weighted Average of the "cost index"
o 'z o - 16 between Design Start Date and Final Plan
6 o < M Receipt Date.
▪ 16 N 17
a J i0 2. If final plans are received prior to the scheduled Final Plan
18
p < Receipt Date for the project but after the scheduled Design
z o "0 19
p• J Start Date, the Engineering Fee shall be calculated as follows:
20
Engineering Fee = Base Engineering Fee multiplied by the
21 time-weighted Average of the "cost index"
between the Design Start Date and the
22 actual Final Plan Receipt Date.
23 3. If final plans are received prior to the scheduled Design Start
24 Date, the Engineering Fee shall be calculated as follows:
25 Engineering Fee = Base Engineering Fee multiplied by the
"cost index" on actual Final Plan Receipt
26 Date.
27 In the event a project is designed in units and final plans for each unit are
28 received on different dates, the engineering fee will be calculated separately
29 for each unit in the manner shown above using a Base Engineering Fee calculated
30 below.
31 M = Base Engineering Fee for any Unit Q.
A = Base Engineering Fee for entire project.
32 N = Total Estimated Construction cost of project.
P = Estimated Cost of Unit Q.
M = A x P
N