01-16-2007 - Cooperative Agreement with County of Los Angeles Department of Public Works for Amar Road Street Improvement & Median LandscapingCJ
City of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Shannon A. Yauchzee, Director/City Engineer
Public Works Department
AGENDA
ITEM NO. D-5e
DATE January 16, 2007
SUBJECT: COOPERATIVE AGREEMENT WITH THE COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS FOR AMAR ROAD STREET
IMPROVEMENT AND MEDIAN LANDSCAPING
RECOMMENDATION:
It is recommended that the City Council take following actions:
1. Establish Project No. PP-07209.
2. Authorize the Public Works Director/City Engineer to execute a cooperative agreement
with the County of Los Angeles Department_ of Public Works for street and landscape
improvement.
DISCUSSION:
The proposed cooperative project under this agreement includes construction of raised medians,
installation of landscaping and irrigation system, restoring striping and markings, and
construction of a catch basin and connector pipe within the proposed raised medians on Amar
Road from Aileron Avenue to Brentwood Drive, (Attachment No. 1), which is jurisdictionally
shared between the City of West Covina and the County of Los Angeles. The work also includes
the relocation of the City's existing monument sign (recently destroyed in a vehicle collision) at
Amar Road median near Brentwood Drive. It will be relocated into the new Amar Road median
at Valinda Avenue. The City will pay the cost of the relocation of this monument sign.
The proposed agreement provides for the County to perform the preliminary engineering for the
improvements and administer the construction of the project in both jurisdictions. The City and
the County will finance their respective jurisdictional shares of improvements. The total cost of
the project is currently estimated to be $1,454,000, with the City's share being $227,000 and. the
County's share being $1,227,000. The proposed agreement further provides for the County to
perform ongoing maintenance of the median landscaping improvements in both jurisdictions at
the County's expense.
After the execution of this agreement, the City is to deposit sufficient funds with the County to
finance its share of the project cost. The City and County's share for the project improvements
will be based on a final accounting after the completion of the project.
Under the California Environmental Quality Act guidelines, this project is of a minor nature, and
therefore, categorically exempt from the Environmental Report or Negative Declaration of
Environment Impact. The City Attorney for the City of West Covina has reviewed the agreement
and made minor corrections, which have been incorporated into the attached Cooperative
Agreement (Attachment No. 2). The present agreement is a final draft. After the execution of
the document by the City, the County will execute this document.
An agreement between the City of West Covina and the County of Los Angeles is required in
order to proceed with these projects. The County anticipates awarding the project in February
2007 and completing the construction in June 2007.
ZAAGENDA - 2007\Cooperative Agreement—Amar Road.doc
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Andrew G. Pasmant, City Manager
and City Council
Page 2 — January 16, 2007
ALTERNATIVES:
The only alternative to the project is not to execute the Cooperative Agreement and not to
proceed with the project, which will result in the loss of cost benefit and public improvement
benefit for both jurisdictions.
FISCAL IMPACT:
The total cost of the entire project is currently estimated to be $1,454,000, with the City and
County's share being $227,000 and $1,227,000 respectively. Staff will include this project in the
2007-2008 CIP budget with appropriate funds.
A" fol No Z-�� /
Prepared by: 14aresh Palkhiwala Reviewed/Approved y: Shannon A. Yauchzee
Principal Engineer Director/City Engineer
Reviewed/Approved by: (/J improved via telephone
Finance City Attorney
Attachment No. 1: Maps
Attachment No. 2: Agreement
ZAAGENDA - 2007\Cooperative Agreement_Amar Road.doc
ATTACHMENT NO. 1
AMAR ROAD
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COUNTY PROJECT
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AGREEMENT
ATTACHMENT NO.2
THIS AGREEMENT, made and entered into by and between the CITY OF
WEST COVINA, 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, Amar Road is on the Highway Element of CITY'S General Plan and
on COUNTY'S Highway Plan; and
WHEREAS, CITY and COUNTY propose to construct raised medians, install
landscaping and an irrigation system, restore pavement striping and markings, and
construct a catch basin and connector pipe within the proposed raised medians on
Amar Road from Aileron Avenue to Brentwood Drive, which work is hereinafter referred
to as PROJECT; and
WHEREAS, PROJECT is within the geographical boundaries of CITY and
COUNTY; and
WHEREAS, PROJECT is of general interest to CITY and COUNTY; and
WHEREAS, COUNTY is willing to perform or cause to perform the preliminary
engineering, construction inspection and engineering, materials testing, construction
survey, contract administration, and all other work necessary to construct PROJECT;
and
WHEREAS, COUNTY proposes to perform ongoing maintenance for PROJECT
at COUNTY'S expense; and
WHEREAS, a maintenance agreement for PROJECT, which details the terms,
conditions, and obligations for maintenance of PROJECT, (hereinafter referred to as
MAINTENANCE AGREEMENT), is attached hereto and made part of AGREEMENT as
Exhibit A; and
WHEREAS, CITY and COUNTY are both willing to finance their respective
shares of COST OF PROJECT (as defined below) for those portions of PROJECT
within their JURISDICTION (as defined below); and
WHEREAS, COST OF PROJECT is currently estimated to be One Million Four
Hundred Fifty-four Thousand and 00/100 Dollars ($1,454,000.00), with CITY'S share
being Two Hundred Twenty-seven Thousand and 00/100 Dollars ($227,000.00) and
COUNTY'S share being One Million Two Hundred Twenty-seven Thousand and 00/100
Dollars ($1,227,000.00).
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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) DEFINITIONS:
a. The term JURISDICTION, as referred to in this AGREEMENT, shall be
defined as the area within the geographical boundary of each
governmental entity mentioned in this AGREEMENT.
b. The COST OF PROJECT, as referred to in this AGREEMENT, shall
consist of the costs of preliminary engineering, construction contract,
contract administration, construction inspection and engineering, materials
testing, construction survey, utility relocation, traffic detour, final signing
and striping, 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.
C. The cost of preliminary engineering, as referred to in this AGREEMENT,
shall consist of the costs of environmental documentation; design survey;
traffic index and geometric investigation; soil testing; preparation of plans,
specifications, and cost estimates; right-of-way certification; utility
engineering; and all other necessary work prior to the award of the
construction contract for PROJECT 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.
d. The cost of construction contract for PROJECT, as referred to in this
AGREEMENT, shall consist of the total of payments to the construction
contractor(s) for PROJECT, and the total of all payments to utility
companies or contractor(s) for the relocation of facilities necessary for the
construction of PROJECT.
(2) CITY AGREES:.
a. To finance CITY'S share of COST OF PROJECT, pursuant to paragraph
(4) a., below, the actual amount of which is to be determined by a final
accounting of PROJECT.
b. To deposit with COUNTY, following the execution of this AGREEMENT
and upon demand by COUNTY, sufficient CITY funds to finance its share
of COST OF PROJECT, currently estimated to be Two Hundred Twenty-
seven Thousand and 00/100 Dollars ($227,000.00). Said demand shall
consist of a billing invoice.
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C. To grant to COUNTY, at no cost to COUNTY, any temporary right of way
or easements that CITY owns or has an easement for, that is necessary
for the construction of PROJECT.
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'S JURISDICTION.
e. To cooperate with COUNTY in conducting negotiations with and, where
appropriate, issue notices to public utility _organizations and owners of
substructures 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 of PROJECT. Where utilities have been installed in
CITY streets or on CITY property, CITY will provide the necessary right of
way for the relocation of those utilities and facilities that interfere with the
construction of PROJECT. CITY will take all necessary steps to grant,
transfer, or assign to COUNTY all prior rights over utility companies and
owners of substructures 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. To grant COUNTY permission to occupy and use the public streets in
CITY to construct PROJECT.
h. Upon completion of PROJECT, to maintain in good condition and at
CITY'S sole expense all improvements, constructed as part of PROJECT
within CITY'S JURISDICTION except landscaping and the irrigation
system.
i. To adhere to the terms, conditions and obligations of MAINTENANCE
AGREEMENT for PROJECT, attached hereto and made a part of this
AGREEMENT as Exhibit A.
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(3) COUNTY AGREES:
a. To perform or cause to perform the preliminary engineering, construction
inspection and engineering, materials testing, construction survey,
contract administration and all other work necessary to complete
PROJECT.
b. To finance COUNTY'S share of COST OF PROJECT, pursuant to
paragraph (4) a., 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, 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 one hundred twenty (120) calendar days after final
payment to contractor, a final accounting of the actual COST OF
PROJECT including an itemization of actual unit costs and actual
quantities for COST OF PROJECT.
f. Upon, completion of PROJECT, to maintain in good condition, and at
COUNTY expense, all improvements constructed as part of PROJECT
within COUNTY'S JURISDICTION..
g. To adhere to the terms, conditions and obligations of MAINTENANCE
AGREEMENT for landscaping and irrigation improvements, attached
hereto and made a part of this AGREEMENT as Exhibit A.
(4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. 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
share of the 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 share of the COST OF PROJECT.
b. If CITY'S deposit, as set forth in paragraph (2) b., above, is not delivered
to COUNTY office, which is described on the billing invoice prepared by
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COUNTY, prior to award of PROJECT, COUNTY may delay the award of
PROJECT pending the receipt of CITY'S payment.
C. If CITY'S share of COST OF PROJECT, based upon the final accounting,
exceeds CITY'S deposit as set forth in paragraph (2) b., above, COUNTY
shall make a demand for the additional amount and CITY shall either pay
to COUNTY the additional amount or, if CITY disputes the additional
amount demanded, follow the procedure set forth in paragraph (4) f.,
below, for dealing with discrepancies. Said demand will consist of a billing
invoice prepared by COUNTY and delivered to CITY. Conversely, if
CITY'S share of COST OF PROJECT, based on the final accounting, is
less than CITY'S payment, COUNTY shall refund the difference to CITY
within sixty (60) calendar days after completion of final accounting of the
actual total COST OF PROJECT.
d. If CITY'S final payment, as set forth in paragraph (4) c., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY and delivered to CITY, within sixty (60) calendar
days after the date of delivery to CITY of said invoice, COUNTY is entitled
to recover interest thereon beginning sixty (60) calendar days 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. If CITY'S final payment, as set forth in paragraph (4) c., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY and delivered to CITY, within sixty (60) calendar
days after the date of delivery to CITY 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 for the COST OF PROJECT
prepared by COUNTY and delivered to CITY and report to COUNTY in
writing any discrepancies within sixty (60) calendar days after the date of
delivery to CITY of said invoice. Undisputed charges shall be deducted
from CITY'S deposit. COUNTY shall review all disputed charges and
submit a written justification to CITY detailing the basis for those charges
within sixty (60) calendar days of receipt of CITY'S written report. CITY
must submit justification to COUNTY for nonpayment within sixty (60)
calendar days after the date of COUNTY'S written justification. If not,
previously disputed charges shall then be deducted from CITY'S deposit
and any remaining deposit shall be refunded to CITY within sixty (60)
calendar days.
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g. 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.
h.. 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 with each other, but the orders of COUNTY inspector to the
contractors or any other person in charge of construction shall prevail and
be final.
This AGREEMENT may be amended or modified only by mutual written
consent of COUNTY and CITY. - Amendments and modifications of a
nonmaterial nature may be made by the mutual written consent of the
parties' Directors of Public Works or their delegates.
j. Any correspondence, communication, or contact concerning this
AGREEMENT shall be directed to the following:
CITY: Mr. Shannon Yauchzee
Director of Public Works/City Engineer
City of West Covina
P.O. Box 1440
West Covina, CA 91793-1440
COUNTY: Mr. Donald L. Wolfe
Director of Public Works
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
k. 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.
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
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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.
M. 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 to an
agreement (as defined in Section 895 of said Code), each of the parties
hereto, pursuant to the authorization contained in Sections 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 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 of the parties
indemnifies and holds harmless the other party for any liability, 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 a part hereof as if incorporated herein.
n. It is understood and agreed that the provisions of Assumption of Liability
Agreement No. 32391 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
WEST COVINA on , 2006, and by the COUNTY OF
LOS ANGELES on , 2006.
COUNTY OF LOS ANGELES
ATTEST:
SACH I A. HAMAI
Executive Officer of the
Board of Supervisors of the
County of Los Angeles
By
Deputy
APPROVED AS TO FORM:
RAYMOND G. FORTNER, JR.
County Counsel
By
Deputy
CITY OF WEST COVINA
By
ATTEST:
Mayor
By
City Clerk
Approved as to form:
M
City Attorney
By
Mayor, Los Angeles County
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EXHIBIT A
MAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT, made and entered into by and between
the CITY OF WEST COVINA, 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):
WITNESSETH
WHEREAS, this MAINTENANCE AGREEMENT refers to CITY'S and COUNTY'S
cooperative project to install landscaping and an irrigation system within the proposed
raised medians on Amar Road from Aileron Avenue to Brentwood Drive, which work is
hereinafter referred to as LANDSCAPING;
WHEREAS, COUNTY desires to provide MAINTENANCE for LANDSCAPING at
COUNTY expense, as more fully set forth herein; and
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) DEFINITIONS:
a. The term MAINTENANCE, as referred to in this MAINTENANCE
AGREEMENT, shall be:
1. Provide and maintain all water and irrigation systems including utility
costs for LANDSCAPING. Irrigation system will be maintained and
operated to avoid slope damage, excessive water flooding, or
spraying onto the pavement.
2. Replace unhealthy or dead plantings as they are observed.
3. Keep entire LANDSCAPING free of. litter, debris, and deleterious
material as practical.
4. Control rodents and pests.
5. Control weed growth before weeds exceed 12 inches in length. Any
weed control performed by chemical weed sprays (pesticides) shall
comply with all laws, rules, and regulations established by the
California Department of Food and Agriculture.
6. Maintain planting in such condition that they do not interfere with the
free flow of traffic, including maintenance of adequate sight distances
and visibility of signs, signals, and pedestrians.
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7. Prune shrubs and tree plantings necessary to control extraneous
growth. Trees shall be pruned using the highest professionally
accepted standards in a manner that will encourage good
development while preserving their health, structure, and natural
appearance.
8. Adequately water and fertilize all plantings to maintain a healthy
growth.
(2) CITY AGREES:
a. To maintain all highway signs, paved drainage structures, and other
nonlandscape highway appurtenances included in LANDSCAPING limits
within CITY'S jurisdiction.
(3) COUNTY AGREES:
a. To perform or cause to perform MAINTENANCE at COUNTY expense
during the TERM OF MAINTENANCE AGREEMENT set forth in Section
(6) of this MAINTENANCE AGREEMENT.
b. COUNTY may contract with others for MAINTENANCE. COUNTY shall
be solely responsible for all activities associated with MAINTENANCE,
including third parties contracted by COUNTY. It is understood that the
terms and conditions of this MAINTENANCE AGREEMENT, or any
interest herein, or any portion hereof, shall not be assigned or delegated
to third parties.
C. That during MAINTENANCE, changes to LANDSCAPING affecting public
safety or public convenience, or changes to LANDSCAPING design and
specification, shall be approved by CITY in advance of performing work.
Also, all major changes including removal, severe pruning (topping), or
addition of either planting or irrigation shall be approved by CITY in
advance of performing work. Unless otherwise directed by CITY'S
representative, changes authorized will require an encroachment permit.
Failure to notify CITY of such changes may result in the immediate
removal of LANDSCAPING or portions of LANDSCAPING at COUNTY'S
expense.
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(4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. Replacement of damaged LANDSCAPING resulting from accident, storm,
neglect or other causes beyond the control of CITY are the responsibility
of the COUNTY.
b. That if for any reason MAINTENANCE by COUNTY does not meet
minimum standards specified herein, CITY shall provide COUNTY with a
written notice of COUNTY'S failure to perform MAINTENANCE at a
reasonable level. COUNTY shall respond within thirty (30) calendar days
of receipt of said notice. Said response shall describe the action to be
taken by COUNTY to bring the affected areas back into compliance. In
the event COUNTY does not provide such response and take any action
to bring the affected areas back into compliance within ninety (90)
calendar days of the original notice, COUNTY will reimburse CITY for all
costs incurred by CITY forces for all MAINTENANCE and/or removal of
LANDSCAPING and paving over or otherwise restore the area to a
condition satisfactory to CITY. Said demand will consist of a billing invoice
prepared by CITY.
C. Various future CITY projects may be implemented, which will require
.removal and/or modification to all or a portion of LANDSCAPING. Any
replacement landscaping including irrigation facilities will be CITY'S
responsibility. CITY will obtain COUNTY'S approval of plans prior to any
removal and/or modification to all or a portion of LANDSCAPING. Upon
completion of work, which affects the limits of maintenance, an
amendment to this MAINTENANCE AGREEMENT will be prepared and
delivered to COUNTY for review. The limits of the amended
MAINTENANCE AGREEMENT will supersede the limits of this
AGREEMENT.
(5) LEGAL RELATIONS AND RESPONSIBILITIES:
a. Nothing in this provision of this MAINTENANCE AGREEMENT is intended
to create duties or obligations to or rights in third parties not parties to this
MAINTENANCE AGREEMENT, or affects the legal, liability of either party
by imposing any standard of care respecting the design, construction, and
maintenance of CITY highway right of way different from the standard of
care imposed by law.
b. It is understood and agreed that neither COUNTY, nor any officer or
employee thereof is responsible for any damage or liability occurring by
reason of anything done or omitted to be done by CITY under or in
connection with any work performed by CITY under this MAINTENANCE
AGREEMENT. It is further understood and agreed that, pursuant to
Government Code Section 895.4, CITY shall defend, indemnify and hold
harmless the COUNTY, and all of its officers and employees from all
claims, suits, or actions of every name, kind and description brought for or
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on account of injuries (as defined in Government Code Section 810.8) to
or death of any person or damage to property resulting from anything
done or omitted to be done by CITY under or in connection with any work
performed by CITY under this MAINTENANCE AGREEMENT. CITY
waives any and all rights to any type of express, implied and comparative
indemnity against COUNTY, its officers and employees arising from any
work performed by CITY under this MAINTENANCE AGREEMENT.
C. It is understood and agreed that neither CITY, nor any officer or employee
thereof is responsible for any damage or liability occurring by reason .of
anything done or omitted to be done.by COUNTY under or in connection
with any work performed by COUNTY under this MAINTENANCE
AGREEMENT. It is further understood and agreed that, pursuant to
Government Code Section 895.4, COUNTY shall defend, indemnify and
hold harmless the CITY, and all of its officers and employees from all
claims, suits, or actions of every name, kind and description brought for or
on account of injuries (as defined in Government Code Section 810.8) to
or death of any person or damage to property resulting ' from anything
done or omitted to be done by COUNTY under or in .connection with any
work performed by COUNTY under this MAINTENANCE AGREEMENT.
COUNTY waives any and all rights to any type of express, implied and
comparative indemnity against CITY, its officers and employees arising
from any work performed by COUNTY under this MAINTENANCE
AGREEMENT.
d. Upon termination of this MAINTENANCE AGREEMENT, ownership and
title to all materials, equipment, and appurtenances installed inside CITY'S
right of way will automatically be vested in CITY. Those materials and
equipment installed outside of the CITY'S right of way will automatically
and immediately be vested in COUNTY, and no further MAINTENANCE
AGREEMENT will be necessary to transfer ownership.
(6) TERM OF MAINTENANCE AGREEMENT
a. This MAINTENANCE AGREEMENT shall become effective upon
execution by both parties and shall remain in full force for one year, which
term shall automatically renew for successive one-year periods unless it is
requested in writing by either party to terminate this MAINTENANCE
AGREEMENT. Such request for termination must be given to the other
party not sooner than nine months prior, but not later than six months prior
to the expiration of any such one-year period.
PApdpWQty\Cities-Uninc Areas\San Gabriel Valley\Wcv\AMAR LANDSCAPING.doc
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