Resolution No. 77191
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RESOLUTION NO. 7719
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT TO RESURFACE BANDINI BOULEVARD BY AND
BETWEEN THE CITY OF VERNON AND THE CITY OF BELL
WHEREAS, the City of Bell is proposing to resurface Bandini
Boulevard from Atlantic Avenue to Eastern Avenue, part of which is in
A
the City of Vernon and part of which -'is in the City of Bell
(hereinafter the "Project"), in accordance with the request of the
Director of Community Services & Water of the City of Vernon that the
City of Bell consider including that portion of Bandini Boulevard that
was recently annexed from it; and
WHEREAS, the City of Bell has prepared plans and
specifications and is willing to inspect and administer the Project
with the total cost to the City of Vernon being estimated at One
Hundred Thousand Dollars and No Cents ($100,000.00) for the
construction portion of the Project within the City of Vernon; and
WHEREAS, the City of Vernon has reviewed the plans,
specifications, and construction cost estimates and will issue a no -
fee permit to the City of Bell for the Project; and
WHEREAS, on March 1, 2001, Bruce V. Malkenhorst, City
Administrator/City Clerk, recommended the execution of an agreement
with the City of Bell to resurface that portion of Bandini Boulevard
that was recently annexed from them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
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and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement to Resurface Bandini Boulevard with the City of
Bell, a copy of which is attached hereto as Exhibit "A" and made a
part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Agreement to:
City of Bell
Attn. Chief Administrative Officer
6330 Pine Avenue
Bell, CA 90201
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 7th day of March, 2001.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALB G, MaycTr
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STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7719, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, March 7,
2001, and thereafter was duly signed by the Mayor of the City of
Vernon.
I (SEAL)
BRUCE V. MALKENHORST, City Clerk
- 3 -
EXHIBIT
n
03/01/01 14:57 *&213 771 9473 CITY OF BELL
0002
AGREEMENT TO RESURFACE BANDINI BOULEVARD
THIS AGREEMENT is made and entered into and executed in the duplicate
originals, either copy of which may be considered and used as the original hereof for all
purposes, as of the,
BY AND BETWEEN
day of
RECITALS
2001.
THE CITY OF BELL, a Municipal
Corporation of the state of
California, whose City Hall
address is 6330 Pine Avenue, Bell,
California, 90201 (hereinafter
referred to as `Bell")
THE CITY OF VERNON, a
municipal corporation of the state
of California, whose City Hall
address is 4305 Santa Fe Avenue,
Vernon, California, 90058
(hereinafter referred to as
"Vernon")
WHEREAS, Bell proposes to resurface Bandini Boulevard from Atlantic
Avenue to Eastern Avenue, part of which is in the City of Vernon and the part which is
in the City of Bell, and hereinafter referred to as the "Project"; and
WHEREAS, Bell has prepared plans and specifications and is willing to inspect
and administer the Project with the total cost to Vernon being estimated at One
Hundred Thousand Dollars ($1Q0,000.00) for construction portion of the Project within
the City of Vernon; and
WHEREAS, Vernon is willing to fund the construction portion of the Project
within the City of Bell; and
WHEREAS, Bell is willing to supervise the construction of the entire Project
03/01/01 14:57 $`213 771 9473 CITY OF BELL
Q 003
in the City of Bell and the City of Vernon; and
WHEREAS, Vernon has reviewed and approved the plans, specifications,
and construction cost estimates submitted concurrently herewith.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1: The foregoing recitals are true and correct and constitute valid
consideration for this agreement.
SECTION 22: Bell agrees:
a. To furnish and pay the following costs of the Project:
(1) Preparation of such plans, specifications and construction cost
estimates.
(2) Inspection.
(3) . Contract administration.
(4) Construction survey.
(5) The balance of the construction costs for the project not
reimbursable by Vernon pursuant to Section 3.b.
b. To advertise the Project for construction bids, to award the contract
to the lowest responsible bidder, to do all things necessary and properly to complete
the Project, and to act on behalf of Vernon in all negotiations pertaining thereto.
C. To have the Project constructed substantially in compliance with the
plans and specifications as approved by the City of Vernon.
d. To notify Vernon of any unforeseen circumstances that may occur
during the course of construction and obtain the Vernon City Engineer's concurrence
on any significant departure from ordinary contract administration requirements.
03/01/01 14:58 '0213 771 9473 CITY OF BELL
Q 004
e. To hold Vernon harmless to the maximum extent permitted by law,
with respect to any and all claims for personal injury, property damage, or any other
claim whatsoever which may arise as a result of the construction of the Project.
SECTION 3: Vernon agrees:
a To issue a no fee permit for the Project.
b. Upon completion of the Project, to pay for construction of the portion
of the Project within Vernon, including the proportional share of items (1) through
(4) of Section 2.a.
C. After completion of the Project, to maintain that portion of Bandini
Boulevard within the City of Vernon.
Section 4, California Law. This Agreement shall be construed and
interpreted in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Los Angeles, State of
California, or any other appropriate court in such county.
Section 5. Termination. This Agreement may be terminated by either
party upon thirty (30) days prior written notice to the other party. If this Agreement
is terminated for any reason, Bell shall be paid for all actual costs incurred for the
portion of the work performed prior to termination.
Sec •on 6• Notices. Any notice to be given or other document to be
delivered by one party to another under this Agreement shall be in writing and
delivered to the party by personal delivery or by depositing same in the United States
certified mail, with postage fully prepaid and addressed as follows:
03/01/01 14:58 $213 771 9473 CITY OF BELL
Q 005
BELL: City of Bell
6330 Pine Avenue
Bell, California 90201
Attn: Chief Administrative Officer
(323) 588-6211
VERNON City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attn: City Administrator
(323) 583-8811
Notices shall be effective when received. Any notice or other document sent
by certified mail shall be deemed received seventy-two (72) hours after mailing.
Notices or other documents sent by personal delivery shall be deemed received on
the date of delivery. Parties may, from time to time, designate a different address for
notices by providing written notice to the other parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed or caused to be executed by their respective officers, duly authorized, as
of this date, month and year first written above.
CITY OF VERNON
B
y
LEONIS C. MALBURG, Mayor
ATTEST:
03/01/01 14:59 *&213 771 9473 CITY OF BELL
.
Q 006
By
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By
EDUARDO OLIVO, City Attorney
CITY OF BELL
By
GEORGE COLE, Mayor
ATTEST:
By
THERESA DIAZ, City Clerk
APPROVED AS TO FORM:
By
EDWARD W. LEE, City Attorney
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
City of Bell
Attn: Chief Administrative Officer
6330 Pine Avenue
Bell, CA 90201
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
March 13, 2001
Re: Executed Agreement to Resurface Bandini Boulevard
Dear Chief A ve Officer:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Transmitted herewith is an original copy of an Agreement By and Between
the City of Bell and the City of Vernon approved by Vernon City Council
on March 7, 2001 to resurface a portion of Bandini, Blvd.
If you have any questions regarding this matter, please call Samuel
Kevin Wilson, Director of Community Services and Water, at 323/583-8811
ext. 245.
Ve5j truly yours,
Gloria J. Orosco
Chief Deputy City Clerk
GJO:ng
CC: Samuel Kevin Wilson
� t �
Agreement' o. 46 71--
OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: March 13, 2001
TO: Samuel Kevin Wilson
Director of Community Services and Water
FROM: Gloria Orosc i f Deputy City Clerk
RE: Agreement to Resurface Bandini Boulevard
Transmitted herewith is an original copy of an agreement by
and between the City of Bell and the City of Vernon
approved by City Council on March 7, 2001, to resurface a
portion of Bandini Blvd.
GJO:ng
C C . Ik `
Agreement File No. 01-014