Resolution No. 8804
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RESOLUTION NO. 8804
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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 AND REPEALING RESOLUTION
NO. 8137
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8 WHEREAS, on February 5, 2003, the City Council of the City
9 of Vernon adopted Resolution No. 8121 consenting to the establishment
10 of a portion of Soto Street over the Los Angeles River in the City of
11 Vernon to be a part of the system of highways- of the County of Los
12 Angeles for the purpose of performing a seismic safety retrofit of the
13 bridge: and
14 WHEREAS, on February 5, 2003, the City Council of the City
15 of Vernon adopted Resolution No. 8137 approving and authorizing the
16 execution of an Agreement with the County of Los Angeles ("County")
17 (the "Draft Agreement") for the seismic retrofit and repair of the
18 Soto Street bridge over the Los Angeles River (the "Project"); and
19 WHEREAS, following the City Council's approval of the Draft
20 Agreement and subsequent execution, but before an actual agreement was
21 signed by the County, the County determined that it was unable to
22 start the work and further negotiations have been completed clarifying
23 the terms and conditions of the cooperative services to be performed:
24 and
25 WHEREAS, the entire construction cost of the Project is
26 estimated to be Two Mill~on Seven Hundred Eighty-One Thousand Dollars
27 and No Cents ($2,781,000.00), less federal reimbursement, with the
28 City's local share of costs being Five Hundred Fifty-Seven Thousand
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1 Dollars and No Cents ($557,000.00); and
2 WHEREAS, the City of Vernon will additionally be required to
3 pay for additional repairs to the bridge beyond the retrofit and
4 proposes to utilize a portion of its available Aid-to-Cities
5 allocation from the County that is currently estimated to be One
6 Hundred Twenty Thousand Dollars and No Cents ($120,000.00); and
7 WHEREAS, the County will pay its proportionate share' of the
8 cost of the Project by utilizing various federal, state and county
9 funds; and
10 WHEREAS, the City desires to rescind its prior approval of
11 the Draft Agreement; and
12 WHEREAS, by memo dated July 13, 2005, Kevin Wilson, Director
13 of Community Services & Water, recommended that an Agreement with the
14 County be approved and executed.
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
16 CITY OF VERNON AS FOLLOWS:
17 SECTION 1: The City Council of the City of Vernon hereby
18 finds and determines that the recitals contained hereinabove are true
19 and correct.
20 SECTION 2: The City Council of the City of Vernon hereby
21 rescinds Resolution No. 8137 and the Draft Agreement. Any resolution
22 not consistent with or in conflict with this resolution is hereby
23 repealed.
24 SECTION 3: The City Council of the City of Vernon intends
25 by this resolution to reaffirm its consent to the establishment of a
26 portion of Soto Street over the Los Angeles River in the City of
27 Vernon to be a part of the system of highways of the County in
28 accordance with Resolution No. 8121.
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SECTION 4:
The City Council of the City of Vernon hereby
2 approves the Agreement with the County of Los Angeles, a copy of which
3 is attached hereto as Exhibit "A" and made a part hereof.
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SECTION 5:
The City Council of the City of Vernon hereby
5 authorizes the Mayor to execute said Agreement for, and on behalf of,
6 the City of Vernon and the Acting City Clerk is hereby authorized to
7 attest thereto.
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SECTION 6:
The City Council of the City of Vernon hereby
9 directs the Acting City Clerk, or his designee, to send two original
10 signed Agreements to:
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County of Los Angeles
Attn. Donald L. Wolfe, Acting Director of Public Works
Department of Public Works
900 S. Fremont Avenue
Alhambra, CA 91803
SECTION 7:
The Acting 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 20th day of July, 2005.
t/
V. MALKENHORST JR.
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss
I, BRUCE V. MALKENHORST, Acting City Clerk of the City of Vernon,
do hereby certify that the foregoing Resolution, being Resolution No.
8804, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, July 20,
2005, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
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EXHIBIT
A
'. ~A1(~
~. . 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":
W!TNESSETH
WHEREAS, Soto Street is on the Highway Element of CITY'S General Plan and
on COUNTY'S Highway Plan; and
WHEREAS, CITY and COUNTY propose to seismically retrofit the bridge on
Soto Street over the Los Angeles River, 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 cracks and spa lis 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 are hereinafter referred to as
"PROJECT"; and
WHEREAS, PROJECT is entirely within the geographical boundary of CITY; and
WHEREAS, on February 5, 2003, CITY adopted a resolution consenting to the
establishment of the portion of Soto Street over the Los Angeles River within CITY to be
part of COUNTY System of Highways to allow COUNTY to construct PROJECT; and
WHEREAS, PROJECT is of general interest to CITY and COUNTY; and
WHEREAS, . COUNTY is willing to perform or cause to be performed the
preliminary engineering, contract administration, construction inspection and
engineering, equipment and system testing, utility engineering and relocation, traffic
detour, and all other work necessary to complete PROJECT; and
WHEREAS, COUNTY is further willing to administer the construction of
RETROFIT under the Federal Highway Bridge Replacement and Rehabilitation "HBRR"
Program; and
WHEREAS, the preliminary engineering for RETROFIT was entirely financed
with Federal and State funds; and
WHEREAS, CONSTRUCTION COST OF RETROFIT includes the costs of
construction contract, contract administration, construction inspection and engineering,
equipment and system testing, utility engineering and relocation, and traffic detour for
RETROFIT, as more fully set forth herein; and
WHEREAS, CONSTRUCTION COST OF RETROFIT is currently estimated to be
Two Million Seven Hundred Eighty-one Thousand and 00/100 Dollars ($2,781,000.00)
with Federal reimbursement being Two Million Two Hundred Twenty-four Thousand and
00/100 Dollars ($2,224,000.00); and
WHEREAS, COST OF REPAIR includes the costs of preliminary engineering,
construction contract, contract administration, construction inspection and engineering,
equipment and system testing, utility engineering and relocation, and traffic detour for
REPAIR, as more fully set forth herein; and
WHEREAS, CITY is willing to finance COST OF REPAIR, currently estimated to
be One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00) by utilizing a
portion of its available Aid-To-Cities (ATC) allocation credit available in COUNTY'S
Road Fund; and
WHEREAS, CITY is willing to finance the entire non-Federally reimbursable local
agency share of CONSTRUCTION COST OF RETROFIT, currently estimated to be
Five Hundred Fifty-seven Thousand and 00/100 Dollars ($557,000.00); and.
WHEREAS, such a proposal is authorized and provided for by the provisions of
Section 6500 et seq. of the Government Code and Sections 1680-684 of the California
Streets and Highways Code.
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 the governmental entity
mentioned in this agreement.
. b. "CONSTRUCTION COST OF RETROFIT," as referred to in this agreement,
shall consist of the costs of construction contract, contract administration,
construction engineering and inspection, final signing and striping, traffic detour,
utility engineering and relocation, equipment and system testing, and all other
work and materials necessary to construct RETROFIT 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. "CONSTRUCTION COST OF REPAIR," as referred to in this agreement,
shall consist of the costs of construction contract, contract administration,
construction engineering and inspection, final signing and striping, traffic
detour, utility engineering and relocation, equipment and system testing, and
all other work and materials 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.
d. "Prelim.inary engineering," as referred to in this agreement, shall consist of the
environmental documentation; traffic index and geometric investigation;
preparation of plans, specifications, and cost estimates; utility engineering;
and all other necessary work prior to advertising PROJECT, as necessary, for
construction bids.
e. The cost of "construction contract," as referred to in this agreement, shall
consist of the total of all payments to the contractor for RETROFIT or
REPAIR, as necessary.
f. "LOCAL SHARE OF COSTS," as referred to in this agreement, shall consist
of CONSTRUCTION COST OF RETROFIT less any reimbursement received
under the Federal HBRR Program.
(2) CITY AGREES:
a. To finance COST OF REPAIR, currently estimated to be One Hundred
Twenty Thousand and 00/100 Dollars ($120,000.00) by utilizing a portion of
CITY'S available A TC allocation credit. CITY'S actual share shall be
determined by a final accounting of PROJECT costs.
b. To finance LOCAL SHARE OF COSTS, the actual amount of which is to be
determined by a final accounting, pursuant to paragraph (4) a, below.
c. To deposit with COUNTY, following the execution of this agreement and upon
demand by COUNTY, sufficient CITY funds to finance LOCAL SHARE OF
COSTS, currently estimated to be Five Hundred Fifty-seven Thousand and
00/100 Dollars ($557,000.00).
d. 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 facilities 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.
e. 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.
f. Upon completion of PROJECT, to accept full and complete ownership of
PROJECT, responsibility for PROJECT, and to maintain in good condition
and at CITY expense all. improvements constructed as part of PROJECT
within CITY'S JURISDICTION.
(3) COUNTY AGREES:
a. To perform or cause to perform the preliminary engineering for PROJECT.
b. To perform construction inspection and engineering, materials testing,
construction survey, contract administration, and all other work necessary to
complete PROJECT under the Federal HBRR Program.
c. To apply for Federal HBRR funding to finance a portion of CONSTRUCTION
COSTOF RETROFIT.
d. To obtain CITY'S approval of plans for PROJECT prior to advertising for
construction bids.
e. To advertise PROJECT for construction bids, to award and to administer the
construction contract, and to act on behalf of CITY iri all negotiations
pertaining thereto.
f. To furnish CITY, within one hundred twenty (120) calendar days after final
acceptance of PROJECT, a final accounting of the actual total PROJECT
costs including an itemization of actual unit costs and actual contract
quantities; all labor, equipment, material, consultant services, indirect, and
miscellaneous costs; and other administrative and overhead costs required
for COUNTY'S performance as specified in paragraph {3} a., above.
{4} IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The final accounting of cost of PROJECT shall include an itemization of unit
costs, actual quantities and costs,and include reimbursement received under
the Federal HBRR Program.
b. That CITY'S total actual ATC allocation credit shall be an amount equal to
COST OF REPAIR, as set forth in paragraph {2} a., above, based on the final
accounting.
c. That if for some reason CITY'S available balance of A TC allocation credit is
insufficient to finance COST OF REPAIR, as set forth in paragraph (4) b.,
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.
d. That if LOCAL SHARE OF COSTS, based upon the final accounting, exceeds
CITY'S deposit, set forth in paragraph (2) c., CITY shall finance the
difference. If the required CITY funds are less than said deposit, COUNTY
shall refund the difference to CITY. If CITY disputes the amount to be
refunded, CITY may follow the procedure set forth in paragraph (4) g., below.
e. If CITY'S payments, as set forth in paragraghs (2) c. and (4) d., above, are
not delivered to. COUNTY office which is described on the billing invoice
prepared by COUNTY within sixty (60) calendar days after the date 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.
f. That if CITY'S final payment, as set forth in paragraphs (4) c. and d., above, is
not delivered. to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date 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.
,g. CITY shall review the final accounting invoice for cost of PROJECT prepared
by COUNTY and report to COUNTY in writing any discrepancies within sixty
(60) calendar days after the date 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.
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. CITY shall have no obligation to inspect PROJECT
and no liability shall be attributable as a result of CITY'S inspection or failure to
inspect. Said inspectors shall cooperate and consult with each other, but. the
orders of COUNTY inspector to the contractor, or any other person in charge of
"
construction, shall prevail and be final, and COUNTY inspector shall be
responsible for the proper inspection of PROJECT as needed.
i. 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 mufual 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. Kevin Wilson
Director of Community Services
City of Vernon
4305 Santa- Fe Avenue
Vernon, CA 90058-1786
COUNTY: Mr. Donald L. Wolfe
Acting 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 Iiabmty 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.
I. 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.
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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 , 2005, and by the COUNTY OF
LOS ANGELES on , 2005.
COUNTY OF LOS ANGELES
ATTEST:
VIOLET VARONA-LUKENS
Executive Officer of the
Board of Supervisors of
the County of Los Angeles
By
Chair, Board of Supervisors
By
Deputy
APPROVED AS TO FORM:
RAYMOND G. FORTNER, JR.
County Counsel
By
Deputy
CITY OF VERNON
By
Mayor
Leonis C. Malburg
ATTEST:
By
Acting City Clerk
Bruce V. Malkenhorst
By
City Attorney
Eric T. Fresch
P:\pdpub\PB&C\Agreements\Coop_Agml\Soto Street Over LA Rlver.doc
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. SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro- Tem
WM. "BILL" DAVIS
Councilman
JOHN KARNS
Karns & Karabian
General Counsel
SAMUEL KEVIN WILSON
Director of Community Services & Water
MARK C. WHITWORTH
Acting Fire Chief
H. "LARRY" GONZALES
Councilman
SOL BENUDIZ
Police Chief
w. MICHAEL McCORMICK
Councilman
OONAL.O'CALLAGHAN
Acting Director Light & Power
SHARON L. DUCKWORTH
City Treasurer
ERIC T. FRESCH
City Attorney
LEWIS J. POZZEBON
Director of Environmental Health
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
RORY BURNETT
Gursey, Schneider & Co. LLP
City Accountant
Acting Finance Director .
August 2, 2005
County of Los Angeles
Attn: Donald L. Wolfe, Acting Director of Public Works
Department of Public Works
900 S. Fremont Avenue
Alhambra, CA 91803
Re: Seismic Retrofit and Repair of the Bridge on Soto Street Over the
Los Angeles River
Dear Mr. Wolfe:
Transmitted herewith are two executed agreements, as referenced above,
approved by City Council on July 20, 2005, through Resolution No.
8804.
Upon full execution on your part, please return one fully executed
original agreement to the undersigned.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson, at. (323) 583-8811 ext. 245.
yours,
t .'
Nelly Gir I ~
Deputy City Clerk
NG/kr
cc: Kevin Wilson
Resolution No. 8804
Agreement File No. 05-084
"Exclusively Industrial"
AGRgEMENT
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, CITY and COUNTY propose to seismically retrofit the bridge on
Soto Street over the Los Angeles River, which work. is. hereinafter referred to as
"RETROFITw; and
WHEREAS, CITY has requested and COUNTY is willing to include the repair of
the deteriorated joints on the bridge deck; the repair of 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 are hereinafter referred to as
"PROJECT"; and
WHEREAS, PROJECT is entirely within the geographical boundary of CITY; and
WHEREAS, on February 5, 2003, CITY adopted a resolution consenting to the
establishment of the portion of Soto Street over the Los Angeles River within CITY to be
part of COUNTY System of Highways to allow COUNTY to construct PROJECT; and
WHEREAS, PROJECT is of general interest to CITY and COUNTY; and
WHEREAS, . COUNTY is willing to perform or cause to be performed the
preliminary engineering, contract administration, construction inspection and
engineering, equipment and system testing, utility engineering and relocation, traffic
detour, and all other work. necessary to complete PROJECT; and
WHEREAS, COUNTY is further willing to administer the construction of
RETROFIT under the Federal Highway Bridge Replacement and Rehabilitation "HBRR"
Program; and
WHEREAS, the preliminary engineering for RETROFIT was entirely financed
with Federal and State funds; and
WHEREAS, CONSTRUCTION COST OF RETROFIT includes the costs of
construction contract, contract administration, construction inspection and engineering,
equipment and system testing, utility engineering and relocation, and traffic detour for
RETROFIT, as more fully set forth herein; and
WHEREAS, CONSTRUCTION COST OF RETROFIT is currently estimated to be
Two Million Seven Hundred Eighty-one Thousand and 00/100 Dollars ($2,781,000.00)
with Federal reimbursement being Two Million Two Hundred Twenty-four Thousand and
00/100 Dollars ($2,224,000.00); and
WHEREAS, COST OF REPAIR includes the costs of preliminary engineering,
construction contract, contract administration, construction inspection and engineering,
equipment and system testing, utility engineering and relocation, and traffic detour for
REPAIR, as more fully set forth herein; and
WHEREAS, CITY is willing to finance COST OF REPAIR, currently estimated to
be One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00) by utilizing a
portion of its available Aid-To-Cities (ATC) allocation credit available in COUNTY'S
Road Fund; and
WHEREAS, CITY is willing to finance the entire non-Federally reimbursable local
agency share of CONSTRUCTION COST OF RETROFIT, currently estimated to be
Five Hundred Fifty-seven Thousand and 00/100 Dollars ($557,000.00); and.
WHEREAS, such a proposal is authorized and provided for by the provisions of
Section 6500 et seq. of the Government Code and Sections 1680-684 of the California
Streets and Highways Code.
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 the governmental entity
mentioned in this agreement.
b. "CONSTRUCTION COST OF RETROFIT," as referred to in this agreement,
shall consist of the costs of construction contract, contract administration,
construction engineering and inspection, final signing and striping, traffic detour,
utility engineering and relocation, equipment and system testing, and all other
work and materials necessary to construct RETROFIT 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. "CONSTRUCTION COST OF REPAIR," as referred to in this agreement,
shall consist of the costs of construction contract, contract administration,
construction engineering and inspection, final signing and striping, traffic
detour, utility engineering and relocation, equipment and system testing, and
all other work and materials 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.
d. "Prelim.inary engineering," as referred to in this agreement, shall consist of the
environmental documentation; traffic index and geometric investigation;
preparation of plans, specifications, and cost estimates; utility engineering;
and all other necessary work prior to advertising PROJECT, as necessary, for
construction bids.
(2) CITY AGREES:
a. To finance COST OF REPAIR, currently estimated to be One Hundred
Twenty Thousand and 00/100 Dollars ($120,000.00) by utilizing a portion of
CITY'S available A TC allocation credit. CITY'S actual share shall be
determined by a final accounting of PROJECT costs.
b. To finance LOCAL SHARE OF COSTS, the actual amount of which is to be
determined by a final accounting, pursuant to paragraph (4) a, below.
c. To deposit with COUNTY, following the execution of this agreement and upon
demand by COUNTY, sufficient CITY funds to finance LOCAL SHARE OF
COSTS, currently estimated to be Five Hundred Fifty-seven Thousand and
00/100 Dollars ($557,000.00).
d. 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 facilities 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.
e. 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.
f. Upon completion of PROJECT, to accept full and complete ownership of
PROJECT, responsibility for PROJECT, and to maintain in good condition
and at CITY expense all improvements constructed as part of PROJECT
within CITY'S JURISDICTION.
{3) COUNTY AGREES:
a. To perform or cause to perform the preliminary engineering for PROJECT.
b. To perform construction inspection and engineering, materials testing,
construction survey, contract administration, and all other work necessary to
complete PROJECT under the Federal HBRR Program.
c. To apply for Federal HBRR funding to finance a portion of CONSTRUCTION
COST OF RETROFIT.
d. To obtain CITY'S approval of plans for PROJECT prior to advertising for
construction bids.
e. To advertise PROJECT for construction bids, to award and to administer the
construction contract, and to act on behalf of CITY in all negotiations
pertaining thereto.
. f. To furnish CITY, within one hundred twenty (120) calendar days after final
acceptance of PROJECT, a final accounting of the actual total PROJECT
costs including an itemization of actual unit costs and actual contract
quantities; all labor, equipment, material, consultant services, indirect, and
miscellaneous costs; and other administrative and overhead costs required
for COUNTY'S performance as specified in paragraph (3) a., above.
(4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The final accounting of cost of PROJECT shall include an itemization of unit
costs, actual quantities and costs, and include reimbursement received under
the Federal HBRR Program.
b. That CITY'S total actual A TC allocation credit shall be an amount equal to
COST OF REPAIR, as set forth in paragraph (2) a., above, based on the final
accounting.
c. That if for some reason CITY'S available balance of A TC allocation credit is
insufficient to finance COST OF REPAIR, as set forth in paragraph (4) b.,
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.
d. That if LOCAL SHARE OF COSTS, based upon the final accounting, exceeds
CITY'S deposit, set forth in paragraph (2) c., CITY shall finance the
difference. If the required CITY funds are less than said deposit, COUNTY
shall refund the difference to CITY. If CITY disputes. the amount to be
refunded, CITY may follow the procedure set forth in paragraph (4) g., below.
e. If CITY'S payments, as set forth in paragraghs (2) c. and (4) d., above, are
not. delivered to. COUNTY office which is described on the billing invoice
prepared by COUNTY within sixty (60) calendar days after the date 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.
f. That if CITY'S final payment, as set forth in paragraphs (4) c. and d., above, is
not delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date 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.
g. CITY shall review the final accounting invoice for cost of PROJECT prepared
by COUNTY and report to COUNTY in writing any discrepancies within sixty
(60) calendar days after the date 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.
h. During construction of PROJECT, COUNTY shall fumish an inspector or other
representative to perfonn the functions of an inspector. CITY may also furnish,
at no cost to COUNTY, an inspector or other representative to inspect
construction of PROJECT. CITY shall have no obligation to inspect PROJECT
and no liability shall be attributable as a result of CITY'S inspection or failure to
inspect. Said inspectors shall cooperate and consult with each other; but the
. orders of COUNTY inspector to the contractor, or any other person in charge of
construction, shall prevail and be final, and COUNTY inspector shall be
responsible for the proper inspection of PROJECT as needed.
i. 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 mufual 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. Kevin Wilson
Director of Community Services
City of Vernon
4305 Santa'Fe Avenue
Vernon, CA 90058-1786
COUNTY: Mr. Donald L. Wolfe
Acting 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.
I. 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.
n. 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 July 20 , 2005, and by the COUNTY OF
LOS ANGELES on , 2005.
COUNTY OF LOS ANGELES
ATTEST:
By
Chair, Board of Supervisors
VIOLET VARONA-LUKENS
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 VERNON
By ~~~. /~/.
/' _ Mayor
Leonis C. Malburg
ATTEST:
By-J~C-J y~
Acting City Clerk
. Bruce V. Malkenhorst, Jr.
By zC ~.?Z
Ci Attorney
Eric T. Fresch
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