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HomeMy WebLinkAboutDowntown 2000 - Storm Drain Project with County of LAHARRY W. STONE, Director DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803 -1331 Telephone: (818) 458 -5100 February 15, 1996 Mr. Richard Gomez Development Services Director/ Deputy City Manager City of Arcadia P.O. Box 60021 Arcadia, CA 91066 -6021 Attention Mr. Mohammad R. Mostahkami Dear Mr. Gomez: ARCADIA DOWNTOWN 2000 STREETSCAPE PROJECT CITY - COUNTY AGREEMENT NO. 68792 L.AC B 2 2 ({X� ADDRESS ALL CORRESPONDENCE TO: P.O,BOX 1460 ALHAMBRA, CALIFORNIA 91802 -1460 IN REPLY PLEASE REFER TO FILE: F-0 1996 n gineering Division'"" Enclosed for your file is a fully executed original of the Agreement for this project. The Agreement was approved by the County Board of Supervisors on February 6, 1996. If you have any questions, please contact our Project Manager, Mr. Dave Pilker, at (818) 458 -5196. Very truly yours, HARRY W. STONE Director of Public Works SHARI AFS RI Supervising Civil Engineer III Flood Management Group DP: ad ARC2TRAN Enc RECENVED F i 1 ` Q i q F X163 R � � d..S � 61 l I (oroyir�/ COUNTY OF LOS ANGELES Development Iiervices VI ORIC31NAL A G R E E M E N T 7 912' THIS AGREEMENT by and between the COUNTY OF LOS ANGELES, a political subdivision of the State of California, hereinafter referred to as "COUNTY," acting on behalf of the Los Angeles County Flood Control District, a body corporate and politic; and the CITY OF ARCADIA, a political subdivision in the County of Los Angeles, hereinafter referred to as "CITY." W I T N E S S E T H WHEREAS, COUNTY is administering all matters for the Los Angeles County Flood Control District pursuant to Section 56-3/4 of the COUNTY'S Charter and in accordance with an Agreement approved on December 26, 1984, between COUNTY and the Los Angeles County Flood Control District; and WHEREAS, CITY is proposing a storm drain project along Huntington Drive as part of a Redevelopment project, which work is hereinafter referred to as "PROJECT"; and WHEREAS, PROJECT is entirely within the jurisdictional limits of the CITY; and WHEREAS, PROJECT is in the general interest of CITY and COUNTY; and -2- WHEREAS, CITY proposes to prepare plans, specifications, cost estimates, and administer the construction contract for PROJECT at CITY'S cost; and WHEREAS, in order to expedite the construction of PROJECT, COUNTY is willing to contribute a fixed sum of four hundred thousand dollars ($400,000) toward the construction contract cost of PROJECT; and WHEREAS, CITY proposes to finance the remaining costs to construct PROJECT in excess of COUNTY'S fixed contribution. NOW, THEREFORE, in consideration of the mutual benefits to be derived by CITY and COUNTY and of the promises herein contained, it is hereby agreed as follows: (1) COUNTY AGREES: a. To deposit with CITY four hundred thousand dollars ($400,000) upon execution of this Agreement and within thirty (30) days of receipt of the invoice thereof. (2) CITY AGREES: a. To prepare plans and specifications, and to administer the construction contract for PROJECT at CITY'S cost. -3- b. To advertise PROJECT for construction bids, to award and to administer the construction contract, to do all things necessary to complete PROJECT in accordance with said plans and specifications. C. To finance construction contract cost of PROJECT in excess of COUNTY'S fixed contribution. d. Upon completion of construction, to operate and maintain PROJECT until PROJECT is accepted for transfer to COUNTY. e. To furnish COUNTY, within one hundred and twenty (120) calendar days after the completion of PROJECT, a final accounting of the construction contract costs of PROJECT, including an itemization of actual unit costs and actual quantities for project. If construction contract cost of PROJECT is less than COUNTY'S fixed contribution, CITY shall within sixty (60) days of final accounting refund to COUNTY the difference between construction contract cost of PROJECT and COUNTY'S deposit. -4- (3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. That the construction contract costs of PROJECT, as referred to in this Agreement, shall consist of the total of all payments to the construction contractor for PROJECT. The construction contract cost of PROJECT shall not include the cost of preliminary engineering, contract administration, construction inspection and engineering, materials testing, construction survey and engineering for utility relocation. b. That COUNTY authorizes CITY to use the deposits made in Section (1), paragraph a., at its discretion to pay its contractor for constructing PROJECT. C. That CITY and COUNTY shall have no financial obligation to each other under this Agreement except as herein expressly provided. d. That this Agreement can be amended or terminated by mutual written consent of both CITY and COUNTY. e. 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 -5- 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 acts or omissions on the part of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. f. 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, Section 810.8) 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. -6- g. That the provisions of any previous Assumption of Liability Agreement heretofore entered into between the parties hereto are inapplicable to this Agreement. -7- 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 the COUNTY OF LOS ANGELES on 9((ko,f]6; J ATTEST: JOANNE STURGES Executive Officer-Clerk of the Board of SupervisorF 1 1995 and by 19 CHAIR, BOARD OF SUPERVISORS 10, 25 FEB 61996 OR APPROVED AS TO FORM DE WITT W. CLINTON County Counsel JOANNE STURGEs EXECUTIVE OFFICER APPROVED AS TO FORM L' - P r 1 1995 City Attorney BY BY -7 DEPUTY ATTEST: NX BY CITY CLER,�/ I CITY OF ARCADIA