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Resolution No. 8811 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ 'f''".'' .. l ~. .? ,,~ 1 2 RESOLUTION NO. 8811 3 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A LETTER AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE LOS ANGELES JUNCTION RAILWAY COMPANY REGARDING WATER AND SEWER LINE INSTALLATION AS PART OF CONTRACT NO. 592 7 WHEREAS, on June 1, 2005, the City Council of the City of Vernon adopted Resolution No. 8758 approving Contract No. 592 for the District Boulevard and Fruitland Avenue Sewer Main Replacement, Central 8 9 10 Manufacturing District (CMD) Sewer Phase III (the "Sewer Improvement 11 Project"); and WHEREAS, construction of the Sewer Improvement Project will be located near two Los Angeles Junction Railway Company railroad tracks; and WHEREAS, pursuant to Contract No. 592, a contractor will be required to install new water and sewer pipelines under the railroad tracks of Los Angeles Junction Railway Company through an open trench operation on District Boulevard at 48th Street in the City of Vernon (Crossing No. 25B-1.01C); and WHEREAS, the Los Angeles Junction Railway Company has provided written approval for the work near its tracks subject to certain construction requirements, and the City signing a statement of indemnification holding Los Angeles Junction Railway Company harmless against all damages that may occur during the installation of the proposed water and sewer lines; and WHEREAS, the proposed work to be performed will be divided into two phases, the first phase will be the installation of the water line in the north side or toward the Los Angeles River side and the -, ., ~'" .' 1 second phase will involve a sewer line on the south side of District 2 Boulevard; and 3 WHEREAS, by memo dated July 13, 2005, Kevin Wilson, the 4 Director of Community Services & Water, has recommended that a letter 5 agreement with Los Angeles Junction Railway Company be approved and 6 executed so that the proposed sewer and water lines can be installed 7 as part of Contract No. 592. 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 9 CITY OF VERNON AS FOLLOWS: 10 SECTION 1: The City Council of the City of Vernon hereby 11 finds and determines that the recitals contained hereinabove are true 12 and correct. 13 SECTION 2: The City Council of the City of Vernon hereby 14 approves the Letter Agreement with Los Angeles Junction Railway 15 Company, a copy of which is attached hereto as Exhibit A and 16 incorporated by reference. 17 SECTION 3: The City Council of the City of Vernon hereby 18 authorizes the Mayor to execute said Letter Agreement for, and on 19 behalf of, the City of Vernon and the Acting City Clerk is hereby 20 authorized to attest thereto. 21 22 23 24 25 26 27 28 SECTION 4: The City Council of the City of Vernon hereby directs the Acting City Clerk, or his designee, to send a copy of a fully executed Agreement to: Los Angeles Junction Railway Company Attn. R~W. Edwards, General Manager 4433 Exchange Avenue Los Angeles, CA 90058 / / / / / / - 2 - 5 6 7 ATTEST. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -, .1 ' ,.r__ "."1' 1 SECTION 5: The Acting City Clerk of the City of Vernon 2 shall 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 20th day of July, 2005. , Acting v. MALKENHORST JR. - 3 - . . . 1 STATE OF CALIFORNIA 2 3 ss COUNTY OF LOS ANGELES 4 I, BRUCE V. MALKENHORST, Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8811, 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 5 6 7 8 9 Vernon. 10 11 12 13 (SEAL) 14 15 16 , BRUCE V. MALKENHO T JR., ACTING CITY CLER 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - EXHIBIT A . ,. .r' et' . . . " l2s AJ\geles JUt\etioJ\. R&Jlwa~ Companl .. 4433 EXCHANGE AVENUE LOS ANGELES. CA 90058 TELEPHONE (323) 277.2004 . FAX (323) 277.2009 June 28, 2005 320-14 Mr. E. Maximous P. E., Civil Engineer City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 RE: Open Trenches for Water and Sewer Line Installation on DistrictBlvd. at48lh Street in the City of Vernon (Crossing No. 25B-1.01C) Dear Sir: This letter will serve to confirm our conversation with Mr. Pin Chan and the plan review for the proposed water and sewer lines under the Los Angeles Junction Railway Company (LAJ) railroad tracks at the above referred to location. I am in agreement with your drawings, 82513 - Sheet 8 of 10 and WD2579 - Sheet 1 of 1, and further agree to allow you to open trench under our tracks on the following conditions: 1. Backfill by using slurry (3 sacks) concrete up to 8" from the bottom of tie. 2. " Support for rail is not possible. 3. Open trenches must be shored by OSHA guidelines. 4. LAJ will need at least 72 hours notification when work is anticipated under or near the tracks. " 5. LAJ track charts indicate a possibility of a 310 track crossing District Blvd. in this project area. In the evenUrack is located it will remain in place. 6. The project is divided into two phases, the first phase will be the installation of the water line in the north side or toward the L.A. River side and the second phase will involve a sewer line on the south side of District Blvd. There will be a short time span separation between the two projects. The result will be two weekends (3 days each) for open trenching that the tracks will remain out of service. Page 1 of 2 . . , " . ., . , " .... ( ..~.. 6128105 320-14 Page 2 012 7. That the City of Vernon and/or your contractor(s) agree(s) to release, indemnify and hold LAJ harmless from and against all costs, expenses, claims and liabilities for injury to or death of any persons, and for damages to or loss of any property, resulting from, arising out of, or in any way connected with the installation of the proposed water and sewer lines. If the above conditions meet with your approval please have the appropriate representative sign and return a copy of the letter acknowledging acceptance of the terms thereof. R. W. Edwards General Manager Acknowtedged: Date: Signature LEONIS C. MALBURG, Mayor ATTEST: By: f~ BRUCE V. MALKENHORST, Acting City Clerk APPROVED AS TO FORM: ~ ERIC T. FRESCH, City Attorney . SUPPORTING DOCUMENTS -' /." t 128 ~ieles J\1.t\e1iol\.RailWa.l Comp&J\l 4433 EXCHANGE AVENUE LOS ANGELES. CA 90058 TELEPHONE (323) 277-2004 . FAX (323) 277-2009 June 28, 2005 320-14 Mr. E. Maximous P. E., Civil Engineer City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 RE: Open Trenches for Water and Sewer Line Installation on DistricfBlvd. at 48th Street in the City of Vernon (Crossing No. 25B-1.01C) Dear Sir: This letter will serve to confirm our conversation with Mr. Pin Chanand the plan review for the proposed water and sewer lines under the Los Angeles Junction Railway Company (LAJ) railroad tracks at the above referred to location. I am in agreement with your drawings, 82513 - Sheet 8 of 10 and WD2579 - Sheet 1 of 1, and further agree to allow you to open trench under our tracks on the following conditions: 1. Backfill by using slurry (3 sacks) concrete up to 8" from the bottom of tie. 2. . Support for rail is not possible. 3. Open trenches must be shored by OSHA guidelines. 4. LAJ will need at least 72 hours notification when work is anticipated under or near the tracks. . 5. LAJ track charts indicate a possibility of a 3rd track crossing District Blvd. in this project area. In the event track is located it will remain in place. 6. The project is divided into two phases, the first phase will be the installation of the water line in the north side or toward the L.A. River side and the second phase will involve a sewer line on the south side of District Blvd. There will be a short time span separation between the two projects. The result will be two weekends (3 days each) for open trenching that the tracks will remain out of service. P*1of2 ./. , . , 6128105 320-14 Page 2 012 7. That the City ofVemon and/or your contractor(s) agree(s) to release, indemnify and hold LAJ harmless from and against all costs, expenses, claims and liabilities for injury to or death of any persons,.and for damages to or loss of any property, resulting from, arising out of, or in any way connected with the installation of the proposed water and sewer lines. If the above conditions meet with your approval please have the appropriate representative sign and return a copy of the letter acknowledging acceptance of the terms thereof. R. W. Edwards General Manager Acknowledged: By: ~-BRUe-E-V-:-'MM:;IH~NHeRS-'F-, Acting City Clerk, APPROVED AS TO FORM: fC,ZA. Da ERIC T.~SCH, City Attorn~ ate: '7 ifl los- t . ~. SignatlJ'fe EONIS C. MALBU G, Mayor ATTEST: . MALKENHORST, JR.