Resolution No. 8137Y y
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RESOLUTION NO. 8137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
THE COUNTY OF LOS ANGELES REGARDING SEISMIC
RETROFIT AND REPAIR OF THE BRIDGE ON SOTO STREET
OVER THE LOS ANGELES RIVER
WHEREAS, on February 5, 2003, the City Council of the City
of Vernon adopted Resolution No. 8121 consenting to the establishment
of a portion of Soto Street over the Los Angeles River in the City of
Vernon to be a part of the system of highways of the County of Los
Angeles for the purpose of performing a seismic safety retrofit of the
bridge; and
WHEREAS, the County of Los Angeles and the City of Vernon
desire to retrofit and repair the Soto Street Bridge in order to meet
current seismic structural standards (the "Project"); and
WHEREAS, the entire cost of the Project is estimated to be
Two Million Four Hundred Fifty -Six Thousand Dollars and No Cents
($2,456,000.00); and
WHEREAS, the City of Vernon will pay its proportionate share
of the cost of the Project by utilizing a portion of its available
Aid -to -Cities allocation from the County of Los Angeles that is
currently estimated to be One Hundred Thirty -Four Thousand Dollars and
No Cents ($134,000.00); and
WHEREAS, the County of Los Angeles will pay its
proportionate share of the cost of the Project by utilizing various
federal, state and county funds; and
WHEREAS, by letter dated January 27, 2003, Bruce V.
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Malkenhorst, City Administrator/City Clerk, recommended that an
Agreement with the County of Los Angeles be approved and executed.
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
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement with the County of Los Angeles, 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 the 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 two original signed
Agreements to:
County of Los Angeles
Attn. James Noyes, Director of Public Works
Department of Public Works
900 S. Fremont Avenue
Alhambra, CA 91803
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1 SECTION 5: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 5th day of February, 2003.
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6 LEONIS C. MAL URG, M or
ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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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.
8137, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, February 5,
2003, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Cle k
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EXHIBIT
AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF VERNON,
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, Soto Street is on the Highway. Element of CITY'S General Plan and on
COUNTY'S Highway Plan; and
WHEREAS, COUNTY proposes to retrofit the bridge on Soto Street over the
Los Angeles River to seismic structural standards, which work is hereinafter referred to as
"RETROFIT"; and
WHEREAS, CITY has requested and COUNTY is willing to include the repair of the
deteriorated joints on the bridge deck; the repair of the cracks and spalls in the concrete
beams, columns, arch ribs, umbrella slabs and abutment walls; and the repair or
replacement of the rusted reinforcing bars and ties of the bridge at the aforementioned
location, which work is hereinafter referred to as" REPAIR"; and
WHEREAS, RETROFIT and REPAIR together is hereinafter referred to as
"PROJECT"; and
WHEREAS, PROJECT is entirely within CITY; and
WHEREAS, PROJECT is of general interest to CITY and COUNTY; and
WHEREAS, COUNTY is willing to perform the preliminary engineering, construction
inspection and engineering, materials testing, construction survey, and contract
administration for PROJECT; and
WHEREAS, "COST OF RETROFIT" includes the costs of preliminary engineering,
construction contract, contract administration, construction inspection and engineering,
materials testing, and construction survey for RETROFIT, as more fully set forth herein;
and
WHEREAS, "COST OF REPAIR" includes the costs of preliminary engineering,
construction contract, contract administration, construction inspection and engineering,
materials testing, and construction survey for REPAIR, as more fully set forth herein; and
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WHEREAS, CITY is willing to finance the entire COST OF REPAIR by utilizing a
portion of its available Aid -To -Cities allocation credit available in COUNTY'S Road Fund,
currently estimated to be One Hundred Thirty-four Thousand and 00/100 Dollars
($134,000.00); and
WHEREAS, COUNTY is willing to finance the entire COST OF RETROFIT by utilizing
Federal and State reimbursement funds and other COUNTY funds; and
WHEREAS, COST OF PROJECT is currently estimated to be Two Million Four
Hundred Fifty-six Thousand and 00/100 Dollars ($2,456,000.00) with CITY'S share being
One Hundred Thirty-four Thousand and 00/100 Dollars ($134,000.00), Federal
reimbursement funds being One Million Eight Hundred Fifty-eight Thousand and 00/100
Dollars ($1,858,000.00), and State reimbursement funds being Four Hundred Sixty-four
Thousand and 00/100 Dollars ($464,000.00).
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) CITY AGREES:
a. To finance the entire COST OF REPAIR, the amount of which is to be
determined by a final accounting of COST OF REPAIR.
b. To utilize a portion of the CITY'S available ATC allocation credit, currently
estimated to be One Hundred Thirty-four Thousand and 00/100 Dollars
($134,000.00), to finance the entire COST OF REPAIR.
C. To cooperate with COUNTY in conducting negotiations with and, where
appropriate, issue notices to public utility organizations and owners of
substructure 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. Where utilities have been installed in CITY streets
or on CITY property, CITY will provide the necessary right of way for the
relocation of these utilities and facilities that interferes with the construction
of PROJECT. CITY will take all necessary steps to grant, transfer, or assign
all prior rights over utility companies and owners of substructure 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.
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d. 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.
e. Upon completion of PROJECT, to maintain in good condition and at CITY
expense all improvements constructed as part of PROJECT within CITY'S
jurisdiction..
(2) COUNTY AGREES:
a. To perform the preliminary engineering, construction inspection and
engineering, materials testing, construction survey, and contract
administration for PROJECT.
b. To finance the entire COST OF RETROFIT by utilizing Federal and State
reimbursement funds and other COUNTY funds.
C. To obtain CITY'S approval of plans for PROJECT prior to advertising for
construction bids.
d. To advertise PROJECTfor construction bids, to award and to administerthe
construction contract, 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 construction contractor for PROJECT, a final accounting of the
actual total COST OF REPAIR including an itemization of actual unit costs
and actual quantities for PROJECT.
(3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS.
a. COST OF RETROFIT, as referred to in this AGREEMENT, shall consist of
the costs of preliminary engineering, construction contract, required
materials, construction survey, detour, signing and striping, construction
inspection and engineering, utility relocation, contract administration, 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.
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b. COST OF REPAIR, as referred to in this AGREEMENT, shall consist of the
costs of preliminary engineering, construction contract, required materials,
construction survey, detour, signing and striping, construction inspection and
engineering, utility relocation, contract administration, and all other work
necessary to construct REPAIR 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;
soils report; traffic index and geometric investigation; preparation of plans,
specifications, and cost estimates; right-of-way certification; utility
engineering; and all other necessary work prior to advertising of PROJECT
for construction bids 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," as referred to in this AGREEMENT, shall
consist of the total of all payments to the contractor for PROJECT and
payments to utility companies or contractors for the relocation of facilities
necessary for the construction of PROJECT.
e. That if for some reason CITY'S available balance of Aid -to -Cities (ATC)
allocation credit in COUNTY'S Road Fund is insufficient to finance CITY'S
commitment, as set forth in paragraph (1) a., above, CITY shall pay
COUNTY other CITY funds, upon demand by COUNTY, so that when
combined with CITY'S available ATC allocation credit, the total will equal
COST OF REPAIR. Said demand will consist of a billing invoice prepared
by COUNTY.
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.
g. 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 each other, but the orders of the COUNTY inspector to the contractor
or any other person in charge of construction shall prevail and be final.
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h. This AGREEMENT may be amended or modified only by mutual written
consent of COUNTY and CITY.
i. Any correspondence, communication, or contact concerning this
AGREEMENT shall be directed to the following:
CITY:
Mr. Samuel "Kevin" Wilson
Director of Community Services
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058-1786
COUNTY:
Mr. James A. Noyes
Director of Public Works
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
j. This AGREEMENT shall not take effect unless and until COUNTY, pursuant
to Section 1700 of the Streets and Highways Code of the State of California,
declares the portion of Soto Street over the Los Angeles River within CITY
to be part of COUNTY System of Highways for the purpose of constructing
the improvements described herein, and CITY, pursuant to Section 1701 of
aforementioned Code, consents to said street becoming part of COUNTY
System of Highways for said purpose.
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
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.
o. It is understood and agreed that the provisions of Assumption of Liability
Agreement No. 32085 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 VERNON on
, 2002, and by the COUNTY OF LOS ANGELES on
.2002.
ATTEST:
VIOLET VARONA-LUKENS
Executive Officer of the
Board of Supervisors of
the County of Los Angeles
0,
Deputy
APPROVED AS TO FORM:
LLOYD W. PELLMAN
County Counsel
Deputy
CITY OF VERNON
Mayor
ATTEST:
COUNTY OF LOS ANGELES
By
City Clerk
PAPDPUB\PUBLICISecpb&c\SOTO ST OVR LA RIVER.VER.(CITYLTR.A.).wpd
By
Chairman, Board of Supervisors
APPROVED AS TO FORM:
City Attorney
SUPPORTING
DOCUMENTS