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HomeMy WebLinkAboutCooperative Agreement with County for Road WorkHARRY W. STONE, Director May 30, 1995 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803 -1331 Telephone: (818) 458 -5100 Mr. William R. Kelly City Manager City of Arcadia P. O. Box 60021 Arcadia, CA 91066 -6021 A 1 91 ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802 -1460 IN REPLY PLEASE REFER TO FILE: PD -2 Dear Mr. Kell JUN " 1 1995 Cli Y r �f1 lic ORANGE GROVE AVENUE FROM MICHILLINDA AVENUE TO C - CLERK 300 FEET WEST OF RODEO ROAD CITY OF ARCADIA - COUNTY COOPERATIVE AGREEMENT NO. 68214 Enclosed for your file is a fully executed copy of Agreement No. 68214 regarding our cooperative project to reconstruct the deteriorated roadway pavement on Orange Grove Avenue between the subject limits. The Agreement was approved by the Board of Supervisors on May 16, 1995. Very truly yours, ARRY STON irector of Public Works ESC:im ORANGEAR.X Enc. 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, Orange Grove Avenue is on the Highway Element of CITY'S General Plan and on COUNTY'S Highway Plan; and WHEREAS, CITY, the City of Sierra Madre and COUNTY propose to reconstruct the deteriorated roadway pavement on Orange Grove Avenue from Michillinda Avenue to 300 feet west of Rodeo Road, including the construction of curb, gutter, driveways and wheelchair ramps, which work is hereinafter referred to as "ROAD IMPROVEMENTS "; and WHEREAS, CITY, City of Sierra Madre and COUNTY also propose to construct improvements to the storm drain system on Lima Street and Canon Avenue, also known as the Sierra - Arcadia Storm Drain, in conjunction with ROAD IMPROVEMENTS, which work is hereinafter referred to as "DRAIN "; and WHEREAS, ROAD IMPROVEMENTS and DRAIN together are hereinafter referred to as "PROJECT "; and WHEREAS, PROJECT is within the jurisdictional limits of CITY and the City of Sierra Madre; and WHEREAS, PROJECT is of general interest to CITY, the City of Sierra Madre and COUNTY; and WHEREAS, the construction contract and utility relocation costs of ROAD IMPROVEMENTS are currently estimated to be One Million Fifty -Three Thousand Dollars ($1,053,000), with the City of Sierra Madre's share being Five Hundred Three Thousand Dollars ($503,000) and CITY'S share being Five Hundred Fifty Thousand Dollars ($550,000); and WHEREAS, COUNTY is willing to perform the preliminary engineering and administer the construction of PROJECT at COUNTY expense; and -3- WHEREAS, COUNTY is also willing to finance the construction contract and utility relocation costs of DRAIN, estimated to be Seven Hundred Twenty -Two Thousand Dollars ($722,000); and WHEREAS, CITY is willing to be responsible for all right of way acquisition /clearance matters for PROJECT within CITY'S jurisdiction; and WHEREAS, CITY is also willing to finance its jurisdictional share of the construction contract and utility relocation costs of ROAD IMPROVEMENTS, estimated to be Five Hundred Fifty Thousand Dollars ($550,000). NOW, THEREFORE, in consideration of the mutual benefits to be derived by CITY, the City of Sierra Madre and COUNTY and of the promises herein contained, it is hereby agreed as follows: (1) CITY AGREES: a. To be responsible for all right of way acquisition/ clearance matters for PROJECT within CITY'S jurisdictional limits, at CITY expense. b. To finance CITY'S jurisdictional share of the construction contract and utility relocation costs -4- of ROAD IMPROVEMENTS, estimated to be Five Hundred Fifty Thousand Dollars ($550,000), based upon a final accounting of ROAD IMPROVEMENTS costs. C. To deposit with COUNTY, following the opening of construction bids and upon demand by COUNTY, sufficient CITY funds to finance CITY'S share of the construction contract and utility relocation costs of ROAD IMPROVEMENTS, currently estimated to be Five Hundred Fifty Thousand Dollars ($550,000). Said demand will consist of a billing invoice prepared by COUNTY. d. To appoint COUNTY as CITY'S attorney -in -fact for the purpose of representing the CITY in all negotiations pertaining to the advertisement of PROJECT for construction bids, the award and the administration of the construction contract and in all things necessary and proper to complete PROJECT. e. Upon completion of ROAD IMPROVEMENTS, to maintain in good condition and at CITY expense all -5- improvements constructed as part of ROAD IMPROVEMENTS within its jurisdiction. (2) COUNTY AGREES: a. To perform the preliminary engineering and administer the construction of PROJECT at COUNTY expense. b. To finance the construction contract and utility relocation costs of DRAIN. 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 that are within CITY'S jurisdictional boundaries. d. To advertise PROJECT for construction bids, to award and to administer the construction contract, to do all things necessary and proper to complete PROJECT, and to act on behalf of CITY in all negotiations pertaining thereto. e. To furnish CITY, within 120 calendar days after final acceptance of PROJECT and Board of Supervisors' approval of final payment to contractor, a final accounting of the actual construction contract and utility relocation costs of ROAD IMPROVEMENTS, including an itemization of actual unit costs and actual quantities for ROAD IMPROVEMENTS. f. Upon completion of DRAIN, to maintain in good condition and at COUNTY expense all improvements constructed as part of DRAIN. (3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. The .construction contract and utility relocation costs of ROAD IMPROVEMENTS,. as referred to in this Agreement, shall consist of the total of all payments to the contractor for ROAD IMPROVEMENTS and the total of all payments to utility companies or contractors for the relocation of facilities necessary for the construction of ROAD IMPROVEMENTS. The construction contract and -7- utility relocation costs of ROAD IMPROVEMENTS shall not include the costs of preliminary engineering, contract administration, construction inspection and engineering, materials testing, construction survey or detour signing and striping. b. The final accounting of the actual construction contract and utility relocation costs of ROAD IMPROVEMENTS shall allocate said costs between CITY and the City of Sierra Madre based on the location of the improvements and /or work done. Thus, the cost of all ROAD IMPROVEMENTS located within CITY'S jurisdiction shall be borne by CITY. Such costs constitute CITY'S jurisdictional share of the construction contract and utility relocation costs of ROAD IMPROVEMENTS. C. That if, CITY'S share of the construction contract and utility relocation costs of ROAD IMPROVEMENTS, based upon the final accounting, exceeds CITY'S payment by Two Hundred Dollars ($200) or more, CITY shall pay to COUNTY the additional amount upon demand. Said demand will consist of a billing S invoice prepared by COUNTY. Conversely, if the required CITY funds are less than said payment by Two Hundred Dollars ($200) or more, COUNTY shall refund the difference to CITY. d. That if CITY'S payments, as set forth in paragraphs (1) c., and (3) c., above, are not delivered to the COUNTY office which is described on the billing invoice prepared by COUNTY within 30 calendar days after the date of said invoice, COUNTY is entitled to recover interest thereon from the date of the invoice at the rate of interest specified in the General Services Agreement executed by the parties to this Agreement currently in effect. e. That if CITY'S payments, as set forth in paragraphs (1) c., and (3) c., above, are not delivered to the COUNTY office which is described on the billing invoice prepared by COUNTY within 30 calendar days after the 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, after giving notice to CITY of COUNTY'S intention to do so. f. CITY shall review the final accounting invoice prepared by COUNTY and report in writing any discrepancies to the COUNTY Department of Public Works (DPW) within 30 calendar days after the date of said invoice. Undisputed charges shall be paid by CITY to COUNTY within 30 calendar days after the date of said 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 calendar days after the date of DPW's written justification. g. COUNTY, at any time, may, at its sole discretion, designate an alternative payment mailing address and an alternative schedule for payment of CITY -10- funds, if applicable. CITY shall be notified of such changes by invoice. h. This Agreement shall not take effect unless and until the following occur: 1. COUNTY, pursuant to Section 1700 of the Streets and Highways Code of the State of California, declares the portion of Orange Grove Avenue between ROAD IMPROVEMENTS limits within CITY and the City of Sierra Madre to be a part of the COUNTY System of Highways for the construction of improvements thereon. 2. CITY, pursuant to Section 1701 of the aforementioned Code, shall consent to said street becoming part of the COUNTY System of Highways for said purpose. 3. City of Sierra Madre, pursuant to Section 1701 of the aforementioned Code, shall consent to said street becoming part of the COUNTY System of Highways for said purpose. -11- 4. City of Sierra Madre enters into a cooperative financial agreement with COUNTY to finance their respective share of PROJECT. I. 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 any work, authority or jurisdiction delegated to CITY under this Agreement. j. 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 -12- 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 negligent acts or omissions on the part of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. k. 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. -13- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, by the CITY OF ARCADIA ono -4 1995 and by the COUNTY OF LOS ANGELES on 1995. w JO Ex th ATTEST: CITY OF ARCADIA BY BY Ile 'f4O CITY A, ERK A R APPROVED AS TO FORM DE WITT W. CLINTON County Counsel BY COUNTY ATTORNEY 60MID OF SUPF:'9V1S(.)R.,S COUNTY OF, i1105 AWFLF8 (ORANGERV.ARC) MAY 16 1995