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Home My WebLink About1995-10-10 - AGENDA REPORTS - LIVE OAK SPRINGS CYN DRAIN (2)AGENDA REPORT ;, City Manager Approval ��/ Item to be presented by: Robert G. Newman CONSENT CALENDAR DATE: October 10, 1995 SUBJECT: LIVE OAK SPRINGS CANYON DRAIN (COOPERATION AGREEMENT) DEPARTMENT: Building and Engineering Services BACKGROUND In accordance with the provisions of Section 409 of the Federal Disaster Relief Act of 1974, the City of Santa Clarita has evaluated the flood hazards of the City and identified actions to mitigate the hazards. The Hazard Mitigation Plan was adopted by the City Council on July 14, 1992.. The proposed project is outlined in Section V of this plan. The Live Oak Springs Canyon drain project consists of a 14' wide x G high reinforced concrete box and debris basin. The drain will be located from the Sand Canyon wash west of Sand Canyon Road to approximately 500 feet east of Sand Canyon Road. The construction of flood control facilities will protect the public and private property from continued flood damage and will reduce the debris deposition on Sand Canyon Road. Part of the project, the debris basin, will be built on Dave Farness and David Arthur's property, Hunters Green Development Corporation will have the debris basin as a part of the proposed golf course. The County will prepare plans, specifications and will do contract administration of the project. The County will fund all construction and project administration of this project, except $500,000, which is the City's share. The County also agrees to operate and maintain this project. The City will contribute $500,000 (FEMA) funds upon approval of the final plans and specs. The Federal Emergency Management Agency (FEMA) approved $500,000 for this project, Staff has reviewed the agreement and, in general, is satisfied with its terms and conditions. The City Attorney's office has also reviewed and approved the agreement.. RECOMMENDATION 1. Approve the attached Agreement between the County of Los Angeles and the City of Santa Clarita, and authorize the Mayor to execute it; and Increase revenue Account No. 01-3597, Hazard Mitigation Grants, $500,000, and appropriate $500,000 to 01-95050-227, Live Oak Springs Canyon drain. ATTACHMENT n Agreement APLI EDRGN;MC:hds:lklllull Agenda liem■ council\liveoaks.mc u A G R E E M E N T 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 SANTA CLARITA, a political subdivision in the County of Los Angeles, hereinafter referred to as "CITY": W I T H 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 the COUNTY and the Los Angeles County Flood Control District; and WHEREAS, COUNTY proposes to construct Live Oak Springs Canyon storm drain within Sand Canyon Road between Live Oak Springs Canyon Road and Sand Canyon Wash, hereinafter referred to as "PROJECT"; and WHEREAS, PROJECT is within the jurisdictional limits of CITY; and WHEREAS, PROJECT is in the general interest of CITY and COUNTY; and -z - WHEREAS, COUNTY is willing to prepare the plans, specifications and cost estimates, prepare the necessary environmental documents, and acquire and clear the necessary right of way for the PROJECT; and WHEREAS, COUNTY is willing to administer contract for the construction of PROJECT; and WHEREAS, CITY is willing to pay $500,000 toward the cost of PROJECT. NOW , THEREFORE, in consideration of the mutual benefits to be derived by both CITY and COUNTY and of the premises herein contained, it is hereby agreed as follows: (1) CITY AGREES: a. To promptly review final plans and specifications submitted by COUNTY and obtain a written approval from CITY Council for PROJECT. b. To pay COUNTY, upon execution of this Agreement and within ten days of receipt of the invoice thereof, but not more than 30 days prior to advertisement by COUNTY of its construction contract for PROJECT, the sum of $500,000. Said payment shall be considered full and final payment. -3- (2) COUNTY AGREES a. To prepare or cause the preparation of plans, specifications and cost estimates, and any other necessary documents, including environmental documents, acquisition and clearing of right of way for PROJECT. b. To pay the remaining cost of PROJECT including all change orders. C. To advertise PROJECT for construction bids, to award and administer the construction contract, subject to availability of funding, to do all things necessary to complete PROJECT in accordance with said plans and specifications, and to act on behalf of CITY in all negotiations thereto. d. Upon completion of construction to operate and maintain PROJECT. e. To request CITY to review and approve the final plans and specifications for PROJECT. f. To provide CITY with "as constructed" duplicate drawings for PROJECT. (3) IT IS MUTUALLY UNDERSTOOD AND AGREED: a. That CITY authorizes COUNTY to use the deposit made in Section (1), paragraph b, at its discretion to pay its contractor for constructing PROJECT and to administer its contract for the construction of PROJECT. b. By CITY'S approval of this Agreement, COUNTY shall have the right to use the streets and lands of CITY to construct, operate, maintain and reconstruct PROJECT as required, subject to the police powers of the CITY. C. That CITY and COUNTY shall have no financial obligation to each other under this Agreement, except as herein expressly provided. d. COUNTY agrees to provide contract administration for construction contract. It is mutually understood and agreed that during construction of PROJECT, COUNTY shall furnish an inspector or other representative to perform the usual functions of an inspector, and CITY may also furnish an inspector at no cost to COUNTY. Said two inspectors shall cooperate and consult with each other, but the orders of COUNTY'S inspector to the contractor or other person in charge of construction shall be final. -5- e. That COUNTY shall have the right to reject all bids and readvertise PROJECT. f. That this Agreement can be amended or terminated by mutual written consent of both CITY and COUNTY. g. That in contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties of an Agreement, as defined in Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose, each party indemnifies and holds harmless the other party for any cost or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made part hereof as if incorporated herein. h. The term or phrase "contract administration," as used or implied in this Agreement, shall include inspection, estimating, project coordination, liaison, construction surveys, materials inspection and testing, and general quality control. i. 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 SANTA CLARITA on 1995 and by the COUNTY OF LOS ANGELES on , 1995. ATTEST: JOANNE STURGES Executive Officer -Clerk of the Board of Supervisors m DEPUTY APPROVED AS TO FORM DE WITT W. CLINTON County Counsel BY 1 /..� C. S DEPUTY ATTEST: CITY OF SANTA CLARITA M CITY CLERK COUNTY OF LOS ANGELES, acting on behalf of the Los Angeles County Flood Control District M CHAIR, BOARD OF SUPERVISORS APPROVED AS TO FORM , 1995 CITY ATTORNEY CITY MANAGER