HomeMy WebLinkAboutCooperative Agreement 67273 with County for Street PavementTHOMAS A. TIDEMANSON, Director
January 5, 1994
Mr. Donald R. Duckworth
City Manager
City of Arcadia
P.O. Box 60
Arcadia, CA 91066 -0060
Dear Mr. Duckworth:
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ADDRESS ALL CORRESPONDENCE TO:
JAN 12 1994 ALHAMBRA, CAL IIF O 91802 -1460
CITY MANAGER
IN REPLY PLEASE. PD-2
REFER To FILE.
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MICHILLINDA AVENUE FROM COLORADO BOULEVARD TO
CALIFORNIA BOULEVARD /SUNSET BOULEVARD
CITY OF ARCADIA - COUNTY COOPERATIVE AGREEMENT NO. 67273
Enclosed for your file is a fully executed copy of Agreement
No. 67273 regarding our cooperative project to resurface the
deteriorated roadway pavement on Michillinda Avenue between the
subject limits. The Agreement was approved by the Board of
Supervisors on December 21, 1993.
Very truly yours,
. A. TIDEMA SO
Director of Public Works
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CLARC
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A G R E E M E N T
THIS AGREEMENT, made and entered into by and between the
CITY OF ARCADIA, a municipal corporation in the County of
Los Angeles, hereinafter referred to as "CITY," and the COUNTY OF
LOS ANGELES, a political subdivision of the State of California,
hereinafter referred to as "COUNTY."
W I T N E S S E T H
WHEREAS, Michillinda Avenue is on the Highway Element of
CITY'S General Plan and on COUNTY'S Highway Plan; and
WHEREAS, CITY and COUNTY propose to resurface the
deteriorated roadway pavement on Michillinda Avenue from Colorado
Boulevard to California Boulevard /Sunset Boulevard including the
reconstruction of damaged curb, gutter and sidewalk, and the
construction of wheelchair ramps and a bus pad, which work is
hereinafter referred to as "PROJECT "; and
WHEREAS, PROJECT is within the jurisdictional limits of
CITY and COUNTY; and
WHEREAS, PROJECT is of general interest to CITY and COUNTY;
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WHEREAS, the "COST OF PROJECT" includes the costs of
preliminary engineering, construction contract, construction
engineering, and contract administration as more fully set forth
herein; and
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WHEREAS, COUNTY is willing to perform the preliminary
engineering and administer the construction of PROJECT; and
WHEREAS, CITY and COUNTY are willing to finance their
jurisdictional shares of the COST OF PROJECT; and
WHEREAS, the total COST OF PROJECT is currently estimated to
be $406,000, with COUNTY'S share being $328,000 and CITY'S share
being $78,000; and
WHEREAS, CITY and COUNTY have heretofore executed Agreement
No. 64817 providing for the assignment of CITY Federal -aid Urban
(FAU) funds to COUNTY; and
WHEREAS, the amount of CITY FAU funds assigned to COUNTY
under Agreement No. 64817 is currently estimated to be $51,000;
and
WHEREAS, CITY proposes to finance a portion of its share of
the COST OF PROJECT by utilizing the FAU funds previously
assigned to COUNTY under Agreement No. 64817 and by depositing
other CITY funds with COUNTY as set forth herein.
NOW, THEREFORE, in consideration of the mutual benefits to
be derived by CITY and COUNTY and of the premises herein
contained, it is hereby agreed as follows:
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(1) CITY AGREES:
a. To finance its jurisdictional share of the COST OF
PROJECT, based upon a final accounting of PROJECT
costs.
b. That an estimated $51,000 of CITY'S FAU credit,
previously assigned to COUNTY under
Agreement No. 64817, will be used as partial
payment of CITY'S share of the COST OF PROJECT.
C. To deposit with COUNTY, following the opening of
construction bids for PROJECT and upon demand by
COUNTY, other CITY funds to finance CITY'S
remaining share of the COST OF PROJECT, currently
estimated to be $27,000.
d. Upon completion of PROJECT to maintain in good
condition and at CITY expense all improvements
constructed as part of PROJECT within its
jurisdiction.
(2) COUNTY AGREES:
a. To perform the preliminary engineering and
administer the construction of PROJECT.
b. To finance its jurisdictional share of the COST OF
PROJECT, based upon a final accounting of PROJECT
costs.
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C. Before advertising for construction bids, to obtain
CITY'S approval of those portions of PROJECT plans
which indicate work to be done or improvements to
be constructed which are within CITY'S jurisdic-
tional boundaries.
d. To advertise PROJECT for construction bids, to
award and to administer the construction contract
and to act on behalf of CITY in all negotiations
pertaining thereto. CITY appoints COUNTY as its
attorney in fact for such purpose.
e. As set forth herein, to accept an estimated $51,000
of CITY'S FAU credit, previously assigned to COUNTY
under Agreement No. 64817, as partial payment of
CITY'S share of the estimated COST OF PROJECT.
f. To furnish CITY, within 120 days after final
acceptance of PROJECT and Board of Supervisors'
approval of final payment to contractor, a final
accounting of the actual total COST OF PROJECT,
including an itemization of actual unit costs and
actual quantities for PROJECT.
(3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The COST OF PROJECT, as referred to in this
Agreement, shall consist of the costs of
preliminary engineering, the construction contract,
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required materials, detour and final signing and
striping, construction engineering and inspection,
construction survey, utility relocation,
administration, and all other work necessary to
construct PROJECT in accordance with the approved
plans, and shall 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.
b. The cost of preliminary engineering, as referred to
in this Agreement, shall consist of the costs of
environmental documentation, design survey, soils
report, traffic index and geometric investigation,
preparation of plans, specifications and cost
estimates, utility engineering and all other
necessary work prior to advertising of PROJECT for
construction bids and shall include currently
effective percentages added to total salaries,
wages and equipment costs to cover overhead,
administration and depreciation in connection with
any and all of the aforementioned items.
C. The cost of the construction contract, as referred
to in this Agreement, shall consist of the total of
all payments to the contractor for PROJECT.
d. The final accounting of the actual total COST OF
PROJECT shall allocate said total cost between
CITY and COUNTY based on the location of the
improvements and /or work done. Thus, the cost
of all work or improvements (including all
engineering, administration and all other non -
construction contract costs incident to any such
work or improvement) located within CITY'S
jurisdiction shall be borne by CITY. Such costs
constitute CITY'S jurisdictional share of the total
cost of the PROJECT. The cost of all work or
improvements (including all engineering,
administration and all other nonconstruction
contract costs incident to any such work or
improvement) located within COUNTY'S jurisdiction
shall be borne by COUNTY. Such costs constitute
COUNTY'S jurisdictional share of the total COST OF
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e. That CITY'S actual payment of other CITY funds
shall be an amount equal to CITY'S share of the
COST OF PROJECT, less CITY'S actual FAU credit,
based upon a final accounting.
f. If at final accounting, after taking into account
CITY'S FAU credit, the amount of other CITY funds
due COUNTY is more than $200, CITY will deposit
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with COUNTY the amount due upon demand.
Conversely, if at final accounting the amount of
other CITY funds deposited exceeds the amount due
by $200 or more, COUNTY will refund said excess to
CITY. Said demand will consist of a billing
invoice prepared by COUNTY.
g. That if CITY'S payments, as set forth in para-
graphs (1) c., and (3) e., above, are not delivered
to the COUNTY office which is described on the
billing invoice prepared by COUNTY within 30 days
after the due date of said invoice, COUNTY is
entitled to recover interest thereon from the date
of the invoices at the rate of interest specified
in the General Services Agreement executed by the
parties to this Agreement currently in effect.
h. That if CITY'S payments, as set forth in para-
graphs (1) c., and (3) e., above, are not delivered
to the COUNTY office which is described on the
billing invoice prepared by COUNTY within 30 days
after the due date of said invoice, notwithstanding
the provisions of Government Code Section 907,
COUNTY may satisfy such indebtedness, including
interest thereon, from any funds of CITY on deposit
with COUNTY, without giving notice to CITY of
COUNTY'S intention to do so.
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i. CITY shall review all project billing invoices
prepared by COUNTY and report in writing any
discrepancies to the COUNTY Department of Public
Works (DPW) within 30 calendar days. Undisputed
charges shall be paid by CITY to COUNTY within
30 calendar days of receipt of invoice. DPW shall
review all disputed charges and submit a written
justification detailing the basis for those charges
within 30 calendar days of receipt of CITY'S
written report. CITY shall then make payment of
the previously disputed charges or submit
justification for nonpayment within 30 days.
j. COUNTY, at any time, may, at its sole discretion,
designate an alternative payment mailing address
and an alternative schedule for payment of CITY
funds, if applicable. CITY shall be notified of
such changes by invoice.
k. This Agreement shall not take effect unless and
until COUNTY, pursuant to Section 1700 of the
Streets and Highways Code of the State of
California, declares the portion of Michillinda
Avenue between PROJECT limits within CITY to be a
COUNTY highway for the construction of improvements
thereon and CITY, pursuant to Section 1701 of
aforementioned Code, shall consent to said street
becoming a COUNTY highway for said purpose.
1. Neither COUNTY nor any officer or employee of
COUNTY, shall be responsible for any damage or
liability occurring by reason of any acts or
omissions on the part of CITY under or in
connection with any work, authority or jurisdiction
delegated to CITY under this Agreement. It is also
understood and agreed that, pursuant to Government
Code, Section 895.4, CITY shall fully indemnify,
defend and hold COUNTY harmless from any liability
imposed for injury (as defined by Government Code,
Section 810.8) occurring by reason of any negligent
acts or omissions on the part of CITY under or in
connection with this Agreement.
M. Neither CITY nor any officer or employee of CITY,
shall be responsible for any damage or liability
occurring by reason of any acts or omissions on the
part of COUNTY under or in connection with any
work, authority or jurisdiction delegated to
COUNTY under this Agreement. It is also understood
and agreed that, pursuant to Government Code,
Section 895.4, COUNTY shall fully indemnify,
defend and hold CITY harmless from any liability
imposed for injury (as defined by Government Code,
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Section 810.8} occurring by reason of any negligent
acts or omissions on the part of COUNTY under or in
connection with this Agreement.
n. It is understood and agreed that the provisions of
Assumption of Liability Agreement No. 32046 between
CITY and COUNTY, adopted by the Board of
Supervisors on December 27, 1977 and currently in
effect, are inapplicable to this Agreement.
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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 /& -, 1993 and
by the COUNTY OF LOS ANGELES on 1993.
ATTEST:
LARRY J. MONTEILH
Executive Officer-Clerk
the Board of Supervisors
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ATTEST:
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BY BY
CITY CL
APPROVED AS TO FORM
DE WITT W. CLINTON
County Counsel
BY
COUNT7 ATTORNEY
OF LOS ANGELES
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