CC - Item 4B - Cooperative Agreement Between City and Rosemead School for Asphalt Overlay - Internal Files Box 069TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER -
DATE: APRIL 18, 1994
RE: COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND
THE ROSEMEAD SCHOOL DISTRICT FOR FY 1994-95 ASPHALT OVERLAY
AND STREET LIGHTING IMPROVEMENTS PROJECT
Attached for the City Council's review is a cooperative agreement between the City of Rosemead and
the Rosemead School District for the subject project.
The Rosemead School District has requested their project at Encinita School be bid together with the
City's FY 1994-95 Asphalt Overlay and Street Lighting Improvements Project in order to benefit
from lower construction costs typical of larger projects. As outlined in the agreement, the school
district has prepared the plans for and is responsible for the construction observation and
administration for their project. The City of Rosemead will, in turn, be the lead agency and be
responsible for construction observation and administration for its own portion of the work.
The agreement has been reviewed by Rosemead School District staff and will be forwarded to the
School District Board on May 6, 1995, for approval.
RECOMMENDATION
It is recommended that the City Council approve the attached agreement contingent upon approval
by the Rosemead School District.
Attachment
FGT:fw
c:\.. rptcty\school. agr
COUNUL AGENDA
APR 25 1995
ITEM No. IZ- cc-8
AGREEMENT
THIS AGREEMENT, made and entered into by the CITY OF ROSEMEAD, a
municipal corporation in the County of Los Angeles, hereinafter referred to as
"ROSEMEAD", and the ROSEMEAD SCHOOL DISTRICT, a district in the County of Los
Angeles, hereinafter referred to as "DISTRICT".
WITNESSETH
WHEREAS, ROSEMEAD has proposed certain asphalt concrete overlay, portland
cement concrete, and street lighting improvements on various City streets; and
WHEREAS, DISTRICT has proposed certain asphalt concrete overlay and portland
cement concrete improvements at Encinita School; and
WHEREAS, the improvements proposed by both ROSEMEAD and DISTRICT are
similar in nature, hereinafter jointly referred to as "PROJECT"; and
WHEREAS, PROJECT is in the general interest of ROSEMEAD and DISTRICT;
and
WHEREAS, PROJECT'S total construction cost is estimated at $853,300; and
WHEREAS, ROSEMEAD and DISTRICT are willing to share in PROJECT costs.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by
ROSEMEAD and DISTRICT and of the premises herein contained, it is hereby agreed as
follows:
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(1) ROSEMEAD AGREES:
a. To coordinate and execute the project.
b. To prepare and approve plans, specifications, and cost estimates and
provide construction engineering for ROSEMEAD'S street
improvements portion of PROJECT.
C. To incorporate DISTRICT plans and specifications into construction
contract bid package for PROJECT.
d. To advertise PROJECT for construction contract bids, to award and
administer the construction contract, to do all things necessary and
proper to complete PROJECT which are not the responsibility of
DISTRICT.
e. To pay for ROSEMEAD'S street improvements portion of the total
PROJECT costs, including engineering, construction observation,
construction, and other necessary PROJECT costs, estimated to be
$803,300.
f. Upon completion of PROJECT, submit to DISTRICT an itemized final
construction cost of Encinitas School improvements.
g. Upon completion of PROJECT, to continue to maintain or cause to be
maintained, in good condition at its own proportionate expense all
street improvements constructed as part of PROJECT and wholly or
partially within its jurisdiction.
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(2) DISTRICT AGREES:
a. To prepare and approve plans, specifications, and cost estimates
and provide construction engineering for Encinita School
improvements portion of PROJECT.
b. To submit plans and specifications to ROSEMEAD to be incorporated
into construction contract bid package for PROJECT.
C. To grant permission to ROSEMEAD or its' authorized agent to enter
upon DISTRICT'S property, where necessary, for purposes of
construction of Encinitas School improvements.
d. To pay for the Encinita School improvement portion of the total
PROJECT costs, including engineering, construction observation,
construction, and other necessary PROJECT costs, estimated to be
$50,000.
e. To reimburse ROSEMEAD cost of Encinitas School improvements
within 30 days of receipt of itemized construction costs.
f. Upon completion of PROJECT, to continue to maintain or cause to be
maintained, in good condition at its own proportionate expense all
Encinitas School improvements constructed as part of PROJECT and
wholly or partially within its jurisdiction.
(3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. PROJECT costs as referred to in this AGREEMENT shall consist of
the costs of engineering, construction observation and administration,
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required materials, construction, and all other work necessary to
complete PROJECT in accordance with the plans and specifications.
b. Neither DISTRICT nor any officer, employee, or agent of the
Rosemead School District shall be responsible for any damage or
liability occurring by reason of negligent acts or omissions by
ROSEMEAD under or in connection with any work, authority, or
jurisdiction delegated to ROSEMEAD under this AGREEMENT. It is
also understood and agreed that, pursuant to Government Code
Section 895.4, ROSEMEAD shall fully indemnify, defend, and hold
DISTRICT harmless from any liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of anything
done or omitted to be done by ROSEMEAD under or in connection
with any work, authority, or jurisdiction delegated to ROSEMEAD
under this AGREEMENT.
C. Neither ROSEMEAD nor any officer, employee, or agent of
ROSEMEAD shall be responsible for any damage or liability
occurring by reason of negligent acts or omissions by DISTRICT
under or in connection with any work, authority, or jurisdiction
delegated to DISTRICT under this AGREEMENT. It is also
understood and agreed that, pursuant to Government Code Section
895.4, DISTRICT shall fully indemnify, defend, and hold ROSEMEAD
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harmless from any liability imposed for injury (as defined by
Government Code Section 810.8) occurring by reason of anything
done or omitted to be done by DISTRICT under or in connection with
any work, authority, or jurisdiction delegated to DISTRICT under this
AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by their respective officers, duly authorized by CITY OF ROSEMEAD on
, 1995, and by the ROSEMEAD SCHOOL DISTRICT on
1995.
CITY OF ROSEMEAD
By:
Mayor
Attest:
By:
City Clerk
ROSEMEAD SCHOOL DISTRICT
By:
Chairman
Attest:
By:
Secretary
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