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Below is a cache of http://lacounty.info/omd/q3_2002/1069.pdf. It's a snapshot of the page taken as our search engine crawled the Web.
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. COUNTY OF LOS ANGELES COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 JAMES A. NOYES, Director ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE July 25 , 2002 REFER TO FILE: PD-2 The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012 Dear Supervisors: 65TH STREET WEST ET AL.
CITY OF LANCASTER-COUNTY COOPERATIVE AGREEMENT
SUPERVISORIAL DISTRICT 5
3 VOTES IT IS RECOMMENDED THAT YOUR BOARD: 1. Find that the project to resurface and reconstruct the deteriorated roadway
pavement on the streets shown on Exhibit "A," portions of which are jurisdictionally
shared with the City of Lancaster, is exempt from the California Environmental
Quality Act. 2. Approve and instruct the Chairman of the Board to sign the cooperative agreement
with the City for the project. The agreement provides for the County to perform the
preliminary engineering and administer the construction of the project with the City
and the County to finance their respective jurisdictional shares of the project cost.
The total project cost is currently estimated to be $1,590,000 with the City's share
being $110,000 and the County's share being $1,480,000. PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION The County and the City of Lancaster propose to resurface and reconstruct the
deteriorated roadway pavement on the streets shown on Exhibit "A." Portions of the
streets shown on Exhibit "A" are jurisdictionally shared with the City of Lancaster. Your
Board's approval of the enclosed agreement is necessary for the delegation of
responsibilities and the cooperative financing of the project. The Honorable Board of Supervisors
July 25, 2002
Page 2 Sections 1685 and 1803 of the California Streets and Highways Code provide that the
board of supervisors of any county may enter into contracts or agreements with the
legislative body of any city for the purposes of more efficient construction or repair of
streets and roads within the city. Implementation of Strategic Plan Goals This action meets the County's Strategic Plan Goal of Service Excellence. By improving
the pavement condition, residents of the City of Lancaster and the unincorporated area
who travel on these streets will benefit and their quality of life will be improved. FISCAL IMPACT/FINANCING The total project cost is currently estimated to be $1,590,000 with the City of Lancaster's
share being $110,000 and the County's share being $1,480,000. Funding for this project
is included in the Fiscal Year 2002-03 Road Fund Budget. FACTS AND PROVISIONS/LEGAL REQUIREMENTS The agreement provides for the County to perform the preliminary engineering and
administer the construction of the project with the City and the County to finance their
respective jurisdictional shares of the project cost. ENVIRONMENTAL DOCUMENTATION The California Environmental Quality Act requires public agency decision makers to
document and consider the environmental implications of their actions. Based on the
scope of work, the proposed project is categorically exempt pursuant to Class 1 (x),
Subsections 2 and14 of the Environmental Reporting Procedures and Guidelines adopted
by your Board on November 17, 1987, and Section 15301, Class 1 (c), of the California
Environmental Quality Act guidelines. The Honorable Board of Supervisors
July 25, 2002
Page 3 IMPACT ON CURRENT SERVICES (OR PROJECTS) Avenue L-8, 40th Street West, 50th Street West, and 65th Street West are on the
County's Highway Plan, and the proposed improvements are needed and of general
County interest. CONCLUSION Enclosed are two copies of the agreement, which have been approved by the City and
approved as to form by County Counsel. Upon approval, please return the copy marked
"CITY ORIGINAL" to us for processing together with one approved copy of this letter. The
copy marked "COUNTY ORIGINAL" is for your files. Respectfully submitted, JAMES A. NOYES
Director of Public Works ESC:yr C020165
A:\65TH WEST ET AL.wpd Enc. cc: Chief Administrative Office County Counsel A G R E E M E N T THIS AGREEMENT, made and entered into by and between the CITY OF LANCASTER, 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, Avenue L-8, Avenue M, 40th Street West, 50th Street West and 65th Street West are on the Highway Element of CITYS General Plan and on COUNTYS
Highway Plan; and WHEREAS, CITY and COUNTY propose to resurface and reconstruct the deteriorated roadway pavement on the streets shown on Exhibit "A" of the enclosed list,
including the construction of a bus pad, which work is hereinafter referred to as
"PROJECT"; and WHEREAS, PROJECT is jurisdictionally shared between CITY and COUNTY; and WHEREAS, PROJECT is of general interest to CITY and COUNTY; and WHEREAS, COUNTY is willing to perform the preliminary engineering, construction inspection and engineering, materials testing, construction survey, and contract
administration for PROJECT; and WHEREAS, "COST OF PROJECT" includes the costs of preliminary engineering, construction contract, contract administration, construction inspection and engineering,
materials testing, and construction survey for PROJECT as more fully set forth herein; and WHEREAS, CITY is willing to finance its jurisdictional share of COST OF PROJECT; and WHEREAS, COST OF PROJECT is currently estimated to be One Million Five Hundred Ninety Thousand and 00/100 Dollars ($1,590,000.00) with CITY'S share being
One Hundred Ten Thousand and 00/100 Dollars ($110,000.00), and COUNTY'S share
being One Million Four Hundred Eighty Thousand and 00/100 Dollars ($1,480,000.00). 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. CITY AGREES: a. To finance CITY'S jurisdictional share of COST OF PROJECT, pursuant to
paragraph (3) d., below, the amount of which is to be determined by a final
accounting of PROJECT costs. b. To deposit with COUNTY, following the opening of construction bids for
PROJECT and upon demand by COUNTY, sufficient CITY funds to finance
CITY'S jurisdictional share of COST OF PROJECT, currently estimated to
be One Hundred Ten Thousand and 00/100 Dollars ($110,000.00). Said
demand will consist of a billing invoice prepared by COUNTY. c. To obtain, if necessary, and grant COUNTY any temporary right of way
within CITY necessary for the construction of PROJECT at no cost to
COUNTY. d. Upon approval of construction plans for PROJECT, to issue COUNTY a no-
fee permit(s) authorizing COUNTY to construct those portions of PROJECT
within CITY highway right of way. e. To cooperate with COUNTY in conducting negotiations with and, where
appropriate, issue notices to public utility organizations and owners of
substructure and overhead facilities regarding the relocation, removal,
operation, and maintenance of all surface and underground utilities and
facilities, structures, and transportation services which interfere with the
proposed construction. Where utilities have been installed in CITY streets
or on CITY property, CITY will provide the necessary right of way for the
relocation of these utilities and facilities that interferes with the construction
of PROJECT. CITY will take all necessary steps to grant, transfer, or assign
all prior rights over utility companies and owners of substructure and
overhead facilities when necessary to construct, complete, and maintain
PROJECT or to appoint COUNTY as its attorney-in-fact to exercise such
prior rights. f. To appoint COUNTY as CITY'S attorney-in-fact for the purpose of
representing CITY in all negotiations pertaining to the advertisement of
PROJECT for construction bids, award, and administration of the
construction contract and in all things necessary and proper to complete
PROJECT. g. Upon completion of PROJECT, to maintain in good condition and at CITY
expense all improvements constructed as part of PROJECT within CITY'S
jurisdiction. 2. COUNTY AGREES: a. To perform the preliminary engineering, construction inspection and
engineering, materials testing, construction survey, and contract
administration for PROJECT. b. To finance COUNTY'S jurisdictional share of COST OF PROJECT, pursuant
to paragraph (3) d., below, the amount of which is to be determined by a final
accounting of PROJECT costs. c. To obtain CITY'S approval of plans for PROJECT prior to advertising for
construction bids. 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. e. To furnish CITY, within one hundred twenty (120) calendar days after final
payment to construction contractor for PROJECT, 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. COST OF PROJECT, as referred to in this AGREEMENT, shall consist of
the costs of preliminary engineering, construction contract, required
materials, detour, signing and striping, construction inspection and
engineering, construction survey, utility relocation, contract 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; right-of-way certification; 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 "construction contract," as referred to in this AGREEMENT, shall
consist of the total of all payments to the contractor for PROJECT and
payments to utility companies or contractors for the relocation of facilities
necessary for the construction of 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 costs incidental 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 PROJECT. The cost of all work or improvements (including all
engineering, administration, and all other costs incidental 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 PROJECT. e. That if CITY'S share of COST OF PROJECT, based upon final accounting,
exceeds CITY'S deposit, CITY shall pay to COUNTY the additional amount
upon demand. Said demand will consist of a billing invoice prepared by
COUNTY. Conversely, if the required CITY funds are less than said deposit,
COUNTY shall refund the difference to CITY. f. That if CITY'S payment , as set forth in paragraph (1) b., above, is not
delivered to COUNTY office which is described on the billing invoice
prepared by COUNTY prior to award of construction contract for PROJECT,
COUNTY may delay the award of the construction contract for PROJECT
pending the receipt of the CITYS payment. g. That if CITY'S final payment, as set forth in paragraph (3) e., above, is not
delivered to COUNTY office which is described on the billing invoice
prepared by COUNTY within thirty (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. h. CITY shall review the final accounting invoice prepared by COUNTY and
report in writing any discrepancies to COUNTY Department of Public Works
(Public Works) within thirty (30) calendar days after the date of said invoice.
Undisputed charges shall be paid by CITY to COUNTY within thirty (30)
calendar days after the date of said invoice. Public Works shall review all
disputed charges and submit a written justification detailing the basis for
those charges within thirty (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 thirty (30) calendar days after
the date of COUNTY'S written justification. i. 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. j. During construction of PROJECT, COUNTY shall furnish an inspector or
other representative to perform the functions of an inspector. CITY may also
furnish, at no cost to COUNTY, an inspector or other representative to
inspect construction of PROJECT. Said inspectors shall cooperate and
consult each other, but the orders of the COUNTY inspector to the contractor
or any other person in charge of construction shall prevail and be final. k. This AGREEMENT may be amended or modified only by mutual written
consent of COUNTY and CITY. l. Any correspondence, communication, or contact concerning this
AGREEMENT shall be directed to the following: CITY: Mr. Jeff Long
Director of Public Works
City of Lancaster
44933 North Fern Avenue
Lancaster, CA 93534-2461 COUNTY: Mr. James A. Noyes
Director of Public Works
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460 m. 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 or determined to be the responsibility
of 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
acts or omissions on the part of CITY under or in connection with any work,
authority, or jurisdiction delegated to or determined to be the responsibility
of CITY under this AGREEMENT. n. 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 or determined to be the responsibility of 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 or determined to be the responsibility
of COUNTY under this AGREEMENT. o. It is understood and agreed that the provisions of Assumption of Liability
Agreement No. 32064 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 LANCASTER
on , 2002, and by the COUNTY OF LOS ANGELES
on , 2002. COUNTY OF LOS ANGELES ATTEST: VIOLET VARONA-LUKENS
Executive Officer of the By Board of Supervisors of Chairman, Board of Supervisors the County of Los Angeles By Deputy APPROVED AS TO FORM: LLOYD W. PELLMAN
County Counsel By Deputy CITY OF LANCASTER By Mayor ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney EXHIBIT "A" 65th Street West et al. Street Listing Avenue L-8-55th Street West to 45th Street West
Avenue M-70th Street West to 65th Street West
40th Street West-Avenue L to 485 feet south of Avenue L-8
40th Street West-Avenue K-4 to 332 feet north of Avenue K-8
40th Street West-332 feet south of Avenue K-8 to 996 feet south of Avenue K-8
50th Street West-Avenue K to Avenue K-4
50th Street West-Avenue L to Avenue L-8
65th Street West-100 feet north of Avenue L-12 to Avenue M
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. COUNTY OF LOS ANGELES COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 JAMES A. NOYES, Director ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE July 25 , 2002 REFER TO FILE: PD-2 The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012 Dear Supervisors: 65TH STREET WEST ET AL.
CITY OF LANCASTER-COUNTY COOPERATIVE AGREEMENT
SUPERVISORIAL DISTRICT 5
3 VOTES IT IS RECOMMENDED THAT YOUR BOARD: 1. Find that the project to resurface and reconstruct the deteriorated roadway
pavement on the streets shown on Exhibit "A," portions of which are jurisdictionally
shared with the City of Lancaster, is exempt from the California Environmental
Quality Act. 2. Approve and instruct the Chairman of the Board to sign the cooperative agreement
with the City for the project. The agreement provides for the County to perform the
preliminary engineering and administer the construction of the project with the City
and the County to finance their respective jurisdictional shares of the project cost.
The total project cost is currently estimated to be $1,590,000 with the City's share
being $110,000 and the County's share being $1,480,000. PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION The County and the City of Lancaster propose to resurface and reconstruct the
deteriorated roadway pavement on the streets shown on Exhibit "A." Portions of the
streets shown on Exhibit "A" are jurisdictionally shared with the City of Lancaster. Your
Board's approval of the enclosed agreement is necessary for the delegation of
responsibilities and the cooperative financing of the project. The Honorable Board of Supervisors
July 25, 2002
Page 2 Sections 1685 and 1803 of the California Streets and Highways Code provide that the
board of supervisors of any county may enter into contracts or agreements with the
legislative body of any city for the purposes of more efficient construction or repair of
streets and roads within the city. Implementation of Strategic Plan Goals This action meets the County's Strategic Plan Goal of Service Excellence. By improving
the pavement condition, residents of the City of Lancaster and the unincorporated area
who travel on these streets will benefit and their quality of life will be improved. FISCAL IMPACT/FINANCING The total project cost is currently estimated to be $1,590,000 with the City of Lancaster's
share being $110,000 and the County's share being $1,480,000. Funding for this project
is included in the Fiscal Year 2002-03 Road Fund Budget. FACTS AND PROVISIONS/LEGAL REQUIREMENTS The agreement provides for the County to perform the preliminary engineering and
administer the construction of the project with the City and the County to finance their
respective jurisdictional shares of the project cost. ENVIRONMENTAL DOCUMENTATION The California Environmental Quality Act requires public agency decision makers to
document and consider the environmental implications of their actions. Based on the
scope of work, the proposed project is categorically exempt pursuant to Class 1 (x),
Subsections 2 and14 of the Environmental Reporting Procedures and Guidelines adopted
by your Board on November 17, 1987, and Section 15301, Class 1 (c), of the California
Environmental Quality Act guidelines. The Honorable Board of Supervisors
July 25, 2002
Page 3 IMPACT ON CURRENT SERVICES (OR PROJECTS) Avenue L-8, 40th Street West, 50th Street West, and 65th Street West are on the
County's Highway Plan, and the proposed improvements are needed and of general
County interest. CONCLUSION Enclosed are two copies of the agreement, which have been approved by the City and
approved as to form by County Counsel. Upon approval, please return the copy marked
"CITY ORIGINAL" to us for processing together with one approved copy of this letter. The
copy marked "COUNTY ORIGINAL" is for your files. Respectfully submitted, JAMES A. NOYES
Director of Public Works ESC:yr C020165
A:\65TH WEST ET AL.wpd Enc. cc: Chief Administrative Office County Counsel A G R E E M E N T THIS AGREEMENT, made and entered into by and between the CITY OF LANCASTER, 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, Avenue L-8, Avenue M, 40th Street West, 50th Street West and 65th Street West are on the Highway Element of CITYS General Plan and on COUNTYS
Highway Plan; and WHEREAS, CITY and COUNTY propose to resurface and reconstruct the deteriorated roadway pavement on the streets shown on Exhibit "A" of the enclosed list,
including the construction of a bus pad, which work is hereinafter referred to as
"PROJECT"; and WHEREAS, PROJECT is jurisdictionally shared between CITY and COUNTY; and WHEREAS, PROJECT is of general interest to CITY and COUNTY; and WHEREAS, COUNTY is willing to perform the preliminary engineering, construction inspection and engineering, materials testing, construction survey, and contract
administration for PROJECT; and WHEREAS, "COST OF PROJECT" includes the costs of preliminary engineering, construction contract, contract administration, construction inspection and engineering,
materials testing, and construction survey for PROJECT as more fully set forth herein; and WHEREAS, CITY is willing to finance its jurisdictional share of COST OF PROJECT; and WHEREAS, COST OF PROJECT is currently estimated to be One Million Five Hundred Ninety Thousand and 00/100 Dollars ($1,590,000.00) with CITY'S share being
One Hundred Ten Thousand and 00/100 Dollars ($110,000.00), and COUNTY'S share
being One Million Four Hundred Eighty Thousand and 00/100 Dollars ($1,480,000.00). 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. CITY AGREES: a. To finance CITY'S jurisdictional share of COST OF PROJECT, pursuant to
paragraph (3) d., below, the amount of which is to be determined by a final
accounting of PROJECT costs. b. To deposit with COUNTY, following the opening of construction bids for
PROJECT and upon demand by COUNTY, sufficient CITY funds to finance
CITY'S jurisdictional share of COST OF PROJECT, currently estimated to
be One Hundred Ten Thousand and 00/100 Dollars ($110,000.00). Said
demand will consist of a billing invoice prepared by COUNTY. c. To obtain, if necessary, and grant COUNTY any temporary right of way
within CITY necessary for the construction of PROJECT at no cost to
COUNTY. d. Upon approval of construction plans for PROJECT, to issue COUNTY a no-
fee permit(s) authorizing COUNTY to construct those portions of PROJECT
within CITY highway right of way. e. To cooperate with COUNTY in conducting negotiations with and, where
appropriate, issue notices to public utility organizations and owners of
substructure and overhead facilities regarding the relocation, removal,
operation, and maintenance of all surface and underground utilities and
facilities, structures, and transportation services which interfere with the
proposed construction. Where utilities have been installed in CITY streets
or on CITY property, CITY will provide the necessary right of way for the
relocation of these utilities and facilities that interferes with the construction
of PROJECT. CITY will take all necessary steps to grant, transfer, or assign
all prior rights over utility companies and owners of substructure and
overhead facilities when necessary to construct, complete, and maintain
PROJECT or to appoint COUNTY as its attorney-in-fact to exercise such
prior rights. f. To appoint COUNTY as CITY'S attorney-in-fact for the purpose of
representing CITY in all negotiations pertaining to the advertisement of
PROJECT for construction bids, award, and administration of the
construction contract and in all things necessary and proper to complete
PROJECT. g. Upon completion of PROJECT, to maintain in good condition and at CITY
expense all improvements constructed as part of PROJECT within CITY'S
jurisdiction. 2. COUNTY AGREES: a. To perform the preliminary engineering, construction inspection and
engineering, materials testing, construction survey, and contract
administration for PROJECT. b. To finance COUNTY'S jurisdictional share of COST OF PROJECT, pursuant
to paragraph (3) d., below, the amount of which is to be determined by a final
accounting of PROJECT costs. c. To obtain CITY'S approval of plans for PROJECT prior to advertising for
construction bids. 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. e. To furnish CITY, within one hundred twenty (120) calendar days after final
payment to construction contractor for PROJECT, 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. COST OF PROJECT, as referred to in this AGREEMENT, shall consist of
the costs of preliminary engineering, construction contract, required
materials, detour, signing and striping, construction inspection and
engineering, construction survey, utility relocation, contract 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; right-of-way certification; 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 "construction contract," as referred to in this AGREEMENT, shall
consist of the total of all payments to the contractor for PROJECT and
payments to utility companies or contractors for the relocation of facilities
necessary for the construction of 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 costs incidental 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 PROJECT. The cost of all work or improvements (including all
engineering, administration, and all other costs incidental 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 PROJECT. e. That if CITY'S share of COST OF PROJECT, based upon final accounting,
exceeds CITY'S deposit, CITY shall pay to COUNTY the additional amount
upon demand. Said demand will consist of a billing invoice prepared by
COUNTY. Conversely, if the required CITY funds are less than said deposit,
COUNTY shall refund the difference to CITY. f. That if CITY'S payment , as set forth in paragraph (1) b., above, is not
delivered to COUNTY office which is described on the billing invoice
prepared by COUNTY prior to award of construction contract for PROJECT,
COUNTY may delay the award of the construction contract for PROJECT
pending the receipt of the CITYS payment. g. That if CITY'S final payment, as set forth in paragraph (3) e., above, is not
delivered to COUNTY office which is described on the billing invoice
prepared by COUNTY within thirty (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. h. CITY shall review the final accounting invoice prepared by COUNTY and
report in writing any discrepancies to COUNTY Department of Public Works
(Public Works) within thirty (30) calendar days after the date of said invoice.
Undisputed charges shall be paid by CITY to COUNTY within thirty (30)
calendar days after the date of said invoice. Public Works shall review all
disputed charges and submit a written justification detailing the basis for
those charges within thirty (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 thirty (30) calendar days after
the date of COUNTY'S written justification. i. 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. j. During construction of PROJECT, COUNTY shall furnish an inspector or
other representative to perform the functions of an inspector. CITY may also
furnish, at no cost to COUNTY, an inspector or other representative to
inspect construction of PROJECT. Said inspectors shall cooperate and
consult each other, but the orders of the COUNTY inspector to the contractor
or any other person in charge of construction shall prevail and be final. k. This AGREEMENT may be amended or modified only by mutual written
consent of COUNTY and CITY. l. Any correspondence, communication, or contact concerning this
AGREEMENT shall be directed to the following: CITY: Mr. Jeff Long
Director of Public Works
City of Lancaster
44933 North Fern Avenue
Lancaster, CA 93534-2461 COUNTY: Mr. James A. Noyes
Director of Public Works
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460 m. 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 or determined to be the responsibility
of 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
acts or omissions on the part of CITY under or in connection with any work,
authority, or jurisdiction delegated to or determined to be the responsibility
of CITY under this AGREEMENT. n. 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 or determined to be the responsibility of 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 or determined to be the responsibility
of COUNTY under this AGREEMENT. o. It is understood and agreed that the provisions of Assumption of Liability
Agreement No. 32064 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 LANCASTER
on , 2002, and by the COUNTY OF LOS ANGELES
on , 2002. COUNTY OF LOS ANGELES ATTEST: VIOLET VARONA-LUKENS
Executive Officer of the By Board of Supervisors of Chairman, Board of Supervisors the County of Los Angeles By Deputy APPROVED AS TO FORM: LLOYD W. PELLMAN
County Counsel By Deputy CITY OF LANCASTER By Mayor ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney EXHIBIT "A" 65th Street West et al. Street Listing Avenue L-8-55th Street West to 45th Street West
Avenue M-70th Street West to 65th Street West
40th Street West-Avenue L to 485 feet south of Avenue L-8
40th Street West-Avenue K-4 to 332 feet north of Avenue K-8
40th Street West-332 feet south of Avenue K-8 to 996 feet south of Avenue K-8
50th Street West-Avenue K to Avenue K-4
50th Street West-Avenue L to Avenue L-8
65th Street West-100 feet north of Avenue L-12 to Avenue M
