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Resolution No. 5573 "- 1 2 3 4 5 RESOLUTION NO. 5573 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EX- ECUTION OF AN AGREEMENT TO PAVE STATE STREET/BOYLE AVENUE BY AND BETWEEN THE CITY OF VERNON AND THE CITY OF HUNTINGTON PARK WHEREAS, Huntington Park proposes to repave State 6 Street/Boyle Avenue, including the portion of Boyle Avenue 7 wi thin the City of Vernon from Randolph Street to ap- 8 proximately 167 feet north of Slauson Avenue; and 9 WHEREAS, Huntington Park has prepared plans and 10 specifications and is willing to inspect and administer the 11 Project with the total cost to Vernon being estimated at 12 $35,000.00 for the portion of the paving wi thin the City of 13 Vernon; and 14 WHEREAS, Vernon has reviewed the plans and 15 specifications submitted concurrently herewith and will issue 16 a no-fee permit to Huntington Park for the project. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 18 OF THE CITY OF VERNON AS FOLLOWS: 19 SECTION 1: That the City Council of the City of 20 Vernon hereby finds and determines that the recitals contained 21 hereinabove are true and correct. 22 SECTION 2: That the City Council of the City of 23 Vernon hereby approves the Agreement, a copy of which has been 24 presented to the city Council concurrently with this resolu- 25 tion and the City Council hereby orders said Agreement to be 26 received and filed by the City Clerk. 27 28 SECTION 3: That the City Council of the City of 1 c, 1 Vernon hereby authorizes the Mayor and the City Clerk to ex- 2 ecute said Agreement for, and on behalf of, the City of Ver- 3 non. 4 SECTION 4: The City Clerk of the City of Vernon 5 shall certify to the passage of this resolution and thereupon 6 and thereafter the same shall be in full force and effect. 7 8 1988. APPROVED AND ADOPTED this 22nd day of November, 9 10 11 12 AT~ ~ 13 BRUCE V. MALKENHORST, ~. City Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 "'- . 1 STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES SS. 3 4 I, BRUCE V. M^I.KENHORST, City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Resolution, being 6 Resolution No. 5573 ,was duly adopted by the City Council of 7 the City of Vernon, and was approved by the Mayor of said City a.djourned 8 at a ~ meeting of the City Council held on Tuesday, 9 November 22 , 19 88 10 11 12 13 14 (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRUCE V. MALKENHORST, City Clerk -3- 1 AGREEMENT TO PAVE STATE STREET/BOYLE AVENUE 2 THIS AGREEMENT is made and entered into and ex- ecuted in duplicate originals, either copy of which may be 3 considered and used as the original hereof for all purposes this 21st day of November , 1988. 4 BY AND BETWEEN THE CITY OF VERNON, a 5 Municipal Corporation of the State of California, whose 6 City Hall address is 4305 Santa fe Avenue, Vernon, 7 California, 90058, hereinafter referred to as "Vernon" 8 AND THE CITY OF HUNTINGTON PARK, g a Municipal Corporation in the County of Los Angeles 10 hereinafter referred to as "Huntington Park" 11 RECITALS 12 WHEREAS, Huntington Park proposes to repave State 13 Street/Boyle Avenue, including the portion of Boyle Avenue 14 within the City of Vernon from Randolph Street to ap- 15 proximately 167 feet north of Slauson Avenue and hereinafter 16 referred to as the "Project"; and 17 WHEREAS, Huntington Park has prepared plans and 18 specifications and is willing to inspect and administer the 19 Project with the total cost to Vernon being estimated at 20 $35,000.00 for the portion of the Project within the City of 21 Vernon; and 22 WHEREAS, Vernon is willing to fund only the con- 23 struction of the portion of the Project within the City of 24 Vernon; and 25 • WHEREAS, Vernon has reviewed the plans and 26 specifications submitted concurrently herewith and will issue 27 a no-fee permit for the Project. 28 1 1 2 3 NOW,. THEREFORE., THE PARTIES AGREE AS FOLLOWS: SECTION 1: The foregoing recitals are true and cor- 5 rect and constitute valid consideration for this agreement. 6 SECTION 2: Huntington Park agrees: 7 a. To furnish and pay the following costs of the g Project: g (1) Preparation of plans, specifications and 10 construction cost estimates 11 (2) Inspection 12 (3) Contract Administration 13 (4) Construction Survey 14 b. To advertise the Project for construction bids, 15 to award the contract to the lowest responsible 16 bidder, to administer the construction contract, 17 to do all things necessary and proper to com- 1g plete the Project, and to act on behalf of Ver- lg non in all negotiations pertaining thereto. 2Q c. To have the Project constructed substantially in 21 compliance with the plans and specifications as 22 approved by the City of Vernon. 23 d. To notify Vernon of any unforeseen circumstances 24 that may occur during the course of construction 25 and obtain the Vernon City Engineer's concur- 26 rence on any significant departure from ordinary 27 contract administration requirements. 28 2 1 e. To hold Vernon harmless to the maximum extent 2 permitted by law, with respect to any and all 3 cl-aims for personal injury, property damage, or 4 any other claim whatsoever which may arise as a 5 result of the design and construction of the g Project . f. After completion of .the Project, to maintain g that portion of State Street/Boyle Avenue in g Huntington Park. 10 SECTION 3: Vernon agrees: 11 a. To issue a no fee permit for the Project. 12 b. Upon completion of the Project, to pay for con- 13 struction of the portion of the Project within 14 Vernon. 15 c. After completion of the Project, to maintain 16 that portion of State Street/Boyle Avenue within 17 the City of Vernon. 18 SECTION 4: The parties agree: 19 a. That if the lowest responsible bid for Vernon's 2Q share exceeds the estimated construction cost of 21 $35,000.00 by more than fifteen percent, this 22 Agreement shall be resubmitted to the City Coun- 23 cil of the City of Vernon for approval of the 24 bid price prior to the contract being awarded. 25 b. That before any work is performed on the con- 26 tract., the contractor shall furnish to the City 27 of Vernon: 28 3 1 (1) A certificate of liability insurance in the. 2 minimum amounts given in the specifica- 3 tions. 4 5 (2) A certified endorsement showing the .City of 6 Vernon as a named insured on said policy or 7 policies including a provision for 30-day 8 notice of cancellation or reduction in 9 coverage. 10 (3) A certified copy of the "Declarations" page 11 of said policy or policies. 12 IN WITNESS WHEREOF, the parties hereto have caused 13 this Agreement to be executed or caused to be executed by 14 their respective officers, duly authorized, as of the date, 15 month and year first written above. 16 17 18 i 19 20 21 22 23 24 25 26 27- 28 4 1 1 CITY OF VERNON 2 3 BY 4 LEONIS C. MALBURG, Mayor 5 ATTEST: 6 BY iG~~--- 7 $ BRUCE V. MALKENHORST, City Clerk 9 lO .APPROVED AS TO FORM: 11 12 BY 13 DAVID B. BREARLEY, City Attorney 14 15 CITY OF HUNTINGTON PARK 16 17 B G~' 18 YOR 19 ATTEST: ) 20 21 BY ~ . 22 CITE CL RK 23 24 APPROVED AS TO FORM: 25 26 BY CITY ATTOR EY 27 28 5 CITY COUNCIL OFFICERS LEONIS C. MALBURG, Mayor BRUCE V. MALKENHORST, THOMAS A. YBARRA, Mayor Pro-Tem City Administrator/City Clerk Wm. "BILL" DAMS H. "LARRY" GONZALES DAVID B. BREARLEY, W. MICHAEL McCORMICK City Attorney VICTOR H. VAITS, TELEPHONES Director of Community Services CITY CLERK......... ........583-8811 ~I ! I LEWIS R. ADAMS, Director of Water & Power POLICE DEPT ..............................587-5171 FIRE DEPT.., .................................583-4821 LARRY SPADT, BUILDING DEPT ..:..:...........:.......583-8811. Fire Chief PUBLIC WORKS DEPT ............:583-8811 HEALTH DEPT ..........:.................583-8811 CITY HALL AL ESPINOZA, Police Chief .4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 In Reply Refer to: December 28, 1988 .Marilyn A. Boyette, City Clerk City of Huntington Park 6550 Miles Avenue Huntington Park, California 90255-4399 Re: Agreement for Pavement Resurfacing of State Street/Boyle Avenue Dear Ms. Boyette: Enclosed herewith is a fully executed duplicate original of the above referenced agreement between the City of Huntington Park and the City of Vernon. If you have-any questions., please do not hesitate to contact theunder- signed. Very truly yours, , CITY OF VERNON Gloria J ~osco Chief Deputy City Clerk GJO/hr Enclosure ,'7 City of , rr~ ~ n n „ HUNTINGT~N pC~RK. California f I 6550 MILES AVENUE • (213) 582-6161 '1 HUNTINGTON PARK, CALIFORNIA 90255-4399 u~ _T 1 MART LYN A. BOYETTE, C M C CITY CLERK CERTIFIED RETURN RECEIPT REQUESTED November 22, 1988 City of Vernon Honorable Malburg 4305 Santa Fe Avenue Vernon, California 90058 Dear Honorable Malburg: At the regular meeting of the City Council of the City of Huntington Park held November 21, 1988, the Agreement between the City of Huntington Park and the City of Vernon for pavement resurfacing of State Street/Boyle Avenue from Randolph Street to approximately 167' north of Slauson Avenue, was approved. We are enclosing an executed original and duplicate original copy of this Agreement. Please execute the original and return. to the Office of the City Clerk. The duplicate original is for your files. Sincerely, i'~ ' ~r'lyn ~6yette, C~C City Cle k MAB/hag Enc.