Loading...
CONTRACT 1472 OtherAGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND HUGHES AIRCRAFT COMPANY FOR INSTALLATION OF A TRAFFIC SIGNAL SYSTEM AT SEPULVEDA BOULEVARD AND WALNUT AVENUE. THIS AGREEMENT, made and entered into this lst day of March , 1976, by and between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "CITY", and HUGHES AIRCRAFT COMPANY, a Delaware corporation, hereinafter referred to as "HUGHES". WITNESSETH: WHEREAS, Hughes through its Space & Communications Group, has requested City to install a traffic control signal system and safety lighting system at the intersection of Walnut Avenue with State Highway Route 1 (Sepulveda Boulevard), all of which is situated within the City of E1 Segundo; and WHEREAS, City proposes to enter into an agreement with the State of California to install said system, a copy of the proposed Agreement between the City and the State of California is attached hereto and marked Exhibit "A". NOW THEREFORE, in consideration of the covenants and conditions herein contained the parties hereto agree as follows: (1) Hughes agrees to deposit with City the sum of Fifty Thousand Dollars ($50,000) and to pay City any sums which City may be required to pay the State of California pursuant to paragraph (1) of Section II of Exhibit "A". (2) City agrees to execute Exhibit "A" and enter into the contract set forth in Exhibit "A" with the State of California. In the event the State of California should fail or refuse to enter into an agreement in the form of Exhibit "A" within a reasonable time, City agrees to refund to Hughes any deposit which Hughes has made with City pursuant to this agreement. (3) In the event City is entitled to any refund pursuant to paragraph (1) of Section II of Exhibit "A", City agrees to refund said sum to Hughes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. APMOVED AS 70 ATTEST: City Clerk CITY OF EL SEGUNDO, a municipal corporation \IJ By MayorpRo -FFMpq. HUGHES AIRCRAFT COMPANY, a Delaware corporation By (SEAL) By - 2 - EXHIBIT "A" O7-LA-1 25. 8 07351 - 904062 Sepulveda Boulevard At Walnut Avenue T-4361 District Agrewmnt No, 3317 THIS AGREEMENT, DUDE AND ENTRIMD INTO THIS , DA-1 OF 19 BY AND BETWEEN ��� CITY OF RL SBMUDOr a body politic and a municipal corporation of the State of California, hereinafter referred to as OCITY0 STATE OF CALIFOUZA, acting by and through its Business and Transportation Agency, DMPaXtMent of Transportation, hereinafter referred to as uSTATZ* WH3&VXAS, STATE and CITY Contemplate installation of traffic control signal system and safety 3_ighting at the intersection of Walnut Avenue with State Highway Route 1 (Sepulveda Boulevard), all of which is situated within the City of Rl Segundo, and desire to specify herein the terms and conditions under which said system is to be installed, financed and maintained. NOW* THEMWO N, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows a SZCTICN, I STATE AGREES! (1) To install the traffic control signal system and safety lighting hereinbefore mentioned, through construc- tion by contract with a construction contractor licensed by the State of California, said contract to be carried out in accordance with.provisions of the State Contract Act. Chapter 3, mart 5, Division 3, Title 2 of the Government Code, and workplaated in conformity with plans and specifications of STATE. (2) To bear the entire se of preparation of plans and specifications, and advertising- -2- (3) To maintain and operate the entire traffic control signal system and safety lighting as installed. SRCTIM 11 CITY ACRE S # (l) To "posit with STATE within 30 days of receipt of billing therefor (which billing will be forwarded immOdi- ately following state's bid advertising date of a construction CQntracv for the aforesaid installation), the amount of $50,000, which figure represents CZTVS estimated share of construction engineering costs and construction costs required to complete the installation referred to herein. The actual amount of CITY'S share of conatructiOn engineering costs (including all direct and indirect costs ((L,unctionaland administrative overhead assessment)) attributable to such work, and construction costs will be determined after completion of work and a financial settiement made upon final accounting of costs. (2) To reimbwxrse STATE for CITY 'S Proportionate share of the cost of maintenance and operation of said traffic control signal system and safety lighting, such share to be determined in the wanner provided in that Agreement for -3- Maintenance of State highways within the CM which is in effect at the tuns said costs are incurred, or if no such agreement exists, such share to be a sum bearing the same proportion to the total cost of maintenance and operation Of said traffic control signal system and safety lighting as the number of legs of highways under jurisdictionof the CITY bears to the total number -of legs of highway at such intersection,. SECTION III It is mutually understood and agreed$ (1) That obligations of STATE under terms Of this Agreement are subject to the allocation of funds by the California Highway Co=Rissione (2) That neither STATE nor any officer or employee thereof shall be 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, authority or jurisdiction delegated to CM under this Agreement* It is also understood and agreed that, pursuant to Government Code Section 895.4 CITY shall fully indennify and hold STATE harmless from any liability imposed for injury (as defined -4- by covarnment Code Section 830.8) occurring by reason of snyth�g doze or omittedto be done by CITY under or in connection with any work, authority mr jurisdiction delec}ated to CITY under this Agreement* officer or employee That neither CITY nor any damage ur liability Occurring thereof, is responsible for any sTATz by reason of anything done or omitted tc> be done by under oz in conned tion with any wcrrk, out or jurisdiction not delegatola to (�ITY under this AgreO MBUt. It is also understood and agreed that, pursuant orassnment Codes inde"nify and 'hold CITY Section 895.4. STATE shah. fully as defined from any liability Wised for injury ( by GOV.rmont Code Section 810.8) occurring by reason of anything dune or omitted to be done by STATE under ar in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement* (q) .That, should any portion of the project be financed with Federal Funds 9r State Gas Tax Funds all and policies relating, to the Usti of applicable procedures rovislotis of such funds shall apply. not�+lthst�='g other p this Agreeatient. IN WITNESS WHEREOF, the parties hereto have causes. this Agreement to be executed by their respective ofgicers# -5- duly authorizedp the provisions of which AgresMeRt are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA CITY OF sit SBGM--.l- Department of Transportation DNEY Co 14C MCA SLAND Mayor I)irector of Transportation Q-M SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND HUGHES AIRCRAFT COMPANY FOR INSTALLATION OF A TRAFFIC SIGNAL SYSTEM AT SEPULVEDA BOULEVARD AND WALNUT AVENUE. THIS SUPPLEMENTAL AGREEMENT entered into this 15th day of June , 1976, by and between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "CITY, " and HUGHES AIRCRAFT COMPANY, a Delaware corporation, hereinafter referred to as "HUGHES. " WITNESSETH: WHEREAS, the parties hereto entered into a certain Agreement dated March 1, 1976 for the purpose of installing a traffic control signal sys- tern and safety lighting system at the intersection of Walnut Avenue with State Highway Route 1 (Sepulveda Boulevard); and WHEREAS, said Agreement approved an Agreement between City and the State of California which was attached thereto and marked Exhi- bit "A"; and WHEREAS, the State of California has now submitted an Amend- ment to that Agreement, a copy of which is attached hereto and marked Exhi- bit "I"; NOW, THEREFORE, in consideration of the covenants and con- ditions herein contained the parties hereto agree as follows: (1) The parties ratify and confirm that certain Agreement dated March 1, 1976 except as hereinafter modified; and (2) Hughes approves Exhibit "I" attached hereto and agrees to pay City any sum or sums which the City may be required to pay the State of California pursuant to the contract attached to the original Agreement marked Exhibit "A" and the contract attached to this Agreement marked Exhibit "I". IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their properly authorized officers on the day and year first above written. CITY OF EL SEGUNDO, a municipal corporation ATTEST: Valerie A. Burrowes City Clerk (SEAL) 1?yputy -.0 B y 'q mayor HUGHES AIRCRAFT COMPANY, a Delaware corporation E-FA By 110 EXHIBIT "I" 07-LA-1 25.8 07351 - 904062 Sepulveda Boulevard At Walnut Avenue T-4361 District Agreement No. 3317 S-1 THIS AGREEPENT MADE AND ENTERED INTO THIS , DAY OF BY AND BETWEEN MM 1 19 CITY OF EL SEGUNDO, a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" STATE OF CALIFORNIA, acting by and through its Business and Transportation Agency, Department of Transportation, hereinafter referred to as "STATE" WHEREAS, STATE and CITY entered into Agreement No. 3317, executed by CITY on March 1, 1976, providing for the installation of traffic control signal system and safety lighting at the intersection of Walnut Avenue with State Highway Route 1 (Sepulveda Boulevard), and WIJEREAS, Agreement No. 3317 did not provide that CITY would pay 100% of the costs of construction and con- struction engineering. NOW IT IS THEREFORE AGREED that 100% of the construc- tion and construction engineering costs will be paid for by CITY. Nothing in the Supplemental Agreement shall be construed as changing any provision of Agreement No. 3317, except as herein stated. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA CITY OF EL SEGUNDO Department of Transportation ADRIAITA GIANTURCO Director of Transportation By District Director By Mayor Attest: City Clerk -3- APPROVED AS TO FORM CIT Y ATT