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Resolution No. 8885 1 2 3 4 5 6 RESOLUTION NO. 8885 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF VERNON BY AND BETWEEN THE CITY OF VERNON AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL MAINTENANCE 7 WHEREAS, on June 1, 1982, the City Council of the City of 8 Vernon adopted Resolution No. 4913 approving an Agreement for 9 Maintenance of State Highways in the City of Vernon with the State of 10 California, acting by and through the Department of Transportation, 11 ("Caltrans") providing for the sharing of maintenance and other costs 12 relating to the 1-710 freeway SB at Bandini Blvd. off-ramp at a rate 13 of approximately 67% for the City and 33% for Caltrans; and 14 WHEREAS, Caltrans has presented a new Agreement for 15 Maintenance of State Highway in the City of Vernon effective as of 16 November 2, 2005, and to remain in effect until amended or terminated; 17 and 18 WHEREAS, the new agreement provides for the sharing of 19 maintenance and other costs relating to the traffic signal at (i) the 20 1-710 freeway SB at Bandini Blvd. off-ramp on a 67%/33% (City/ 21 Caltrans) basis and (ii) the 1-710 freeway NB at Bandini Blvd. at the 22 Atlantic on-ramp on a SO/50 basis; and 23 WHEREAS, the Director of Community Services & Water has 24 recommended that said Agreement be approved and executed; and 25 WHEREAS, the City Council of the city of Vernon desires to 26 enter into an Agreement with Caltrans to maintain the traffic signals 27 at the Bandini off-ramp and Bandini-Atlantic on ramp of the Long Beach 28 Freeway. , , 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 2 CITY OF VERNON AS FOLLOWS: 3 SECTION 1: The City Council of the City of Vernon hereby 4 finds and determines that the recitals contained hereinabove are true 5 and correct. 6 SECTION 2: The City Council of the City of Vernon hereby 7 approves the Agreement for Maintenance of State Highway in the City 8 of Vernon with Caltrans, in substantially the same form as the copy 9 which is attached hereto as Exhibit A and incorporated by reference. 10 SECTION 3: The City Council of the City of Vernon hereby 11 authorizes the Mayor to execute said Agreement for, and on behalf of, 12 the City of Vernon and the Acting City Clerk is hereby authorized to 13 attest thereto. 14 SECTION 4: The City Council of the City of Vernon hereby 15 directs the Acting City Clerk, or his designee, to send three executed 16 Agreements together with a copy of this Resolution to: 17 18 19 20 21 22 23 24 25 26 Department of Transportation, District 7 Attn. Hector Obeso, Chief Office of Maintenance Support 120 S. Spring Street Los Angeles, CA 90012-3606 SECTION 5: 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 2nd day of November, 2005. ~. . L~EONIS C. LBUR, Mayor ATTEST: ~ 27 BRUCE V. MALKENHORST, JR., Acting City Clerk 28 - 2 - 1 STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES ss 3 4 5 6 7 8 9 10 11 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8885, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, November 2, 2005, and thereafter was duly signed by the ~ BRUCE V. MALKENHORST, JR. Acting City Clerk Mayor of the City of Vernon. 12 ( SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - EXHIBIT A AGREEMENT FOR MAINTENANCE OF STATE IDGHWAY IN THE CITY OF VERNON TIllS AGREEMENT is entered into effective this day of , 20 _, by and between the State of Califo~ acting by and through the Department of Transportatio~ hereinafter referred to as" STATE", and the City ofVemo~ hereinafter referred to as "CITY". I. The Parties desire that CITY perform certain specific maintenance functio:pS on those portions of those State highways located within CITY '8 jurisdiction and identified herein, all as is authorized in section 130 of the Streets and Highways Code. II. This Agreement shall supersede any previous agreement for maintenance of the ~e identified portion of these State highways of and/or amendments thereto entered into with CITY. III. CITY will perform such maintenance work as is specifically delegated to it, on these identified State highway routes, or portions thereof, all as hereinafter described under Exhibit "A" hereof: or as said Exhibit may be subsequently modified with the consent of the parties hereto, acting by and through their authorized representatives. IV. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual (a copy of which has been provided to CITY), or as may be prescribed in writing from time to time in writing by the District Director and agreed to by CITY in writing. "District Director," as used herein, means the District Director of the Department of Transportation assigned to the territory in which CITY is located, or an authorized representative. V. The functions and levels of maintenance service delegated to CITY in the attached Exhibit "A", ~~Delegation of Maintenance," has been considered in setting authorized total dollar reimbursement amounts. CITY may perform additional work if desired, but STATE will not reimburse CITY for any work not authorized or for work in excess of the authorized dollar limits established herein or for the performance of any work not described in said Exhibit "A". VI. A STATE will reimburse CITY for the actual cost of all routine maintenance work performed by CITY as delegated under Exhibit "A" to this Agreement. It is agreed that during any fiscal year, the maximum expenditure on any designated route shall not exceed the amount as shown available for that route in Exhibit "A" to this Agreement unless such expenditure is revised by an . amended Agreement or otherwise adjusted or modified as hereinafter provided. B. The cost of operating and maintaining State-owned traffic signals and safety lighting now in place at the intersection of any State highway route and any CITY street/road shall be shared as shown in Exhibit B. 8/25/05 CITY OF VERNON C. Extraordinary expenses, such as for the repair or replacement of extensive damage, shall be assessed directly against the particular installation involved. Billing for such costs shall be itemized as to materials, including services and expense; salaries and wages; and equipment rental. Documentation of iricident causing damages shall be required, and copies of police reports, if taken, shall accompany billings submitted to STATE. Upon agreement, STATE will reimburse City for its costsj D. The expenditure for routine maintenance work on highway routes identified in Exhibit "A", as referred to above, may be increased or decreased or redistributed between routes and additional expenditures for specific projects not named in Exhibit "A" may also be authorized. However, such adjustments of expenditures for routine maintenance or such specific projects can only be ~uthorized (in writing) by the District Director or hislher authorized representative and accepted by the CITY when Exhibit "A" is amended accordingly. E. Additional expenditures, or an adjustment of expenditures once authorized, shall apply only during the fiscal year designated therein and shall not be deemed to permanently modify or change the basic maximum expenditure per route as hereinafter specified in Exhibit "A". An adjustment of for the said maximum expenditure, either an increase or decrease, shall not affect other terms of this Agreement. VII. A new E~bit "A", DELEGATION OF MAINTENANCE, will be provided annually by STATE for each fiscal year, if necessary, to ensure an equitable annual cost allocation. VIII. A. CITY will submit bills semi-annually in arrears. Bills for any fiscal year (July 1 ~ JU1le30) must be submitted promptly following the close of STATE's fiscal year "But not later than November 30th" and should be coded according to the Caltrans HM Program Code as outlined in this Agreement. Bills submitted for work performed in periods prior to any preceding fiscal year will be deemed waived and will not be honored. B. Maintenanc.e services provided by contract or on a unit-rate basis with overhead costs included shall not have additioqal overhead charges added again. An actual handling charge by CITY will be allowed in an amount not exceeding $25.00 per invoice for the direct cost of processing this type of bill. C. CITY shall retain and make available for Audit by STATE or a designee of STATE all record, documents, and sources necessary to identify and properly ~llocate allowable cost paid under ~ Agreement for a period of3 years from the date of receipt by CITY of STATE'S last payment made for these contracted services. IX. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or to affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law. x. It is understood and agreed that neither STATE nor any of its officers or employees are responsible for any damage or liability occurring by reason of anyt~g done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government 8/25/05 2 CITY OF VERNON Code section 895.4, CITY shall defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. XI. It is understood and agreed that neither CITY nor any officer or employee thereof is responsible for any d~e or liability occurring by reason of anything done or omitted to be done by ST ATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought for or on accoutlt of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. XII. Costs and expenses authorized to be incurred by STATE under the terms of this Agreement are conditioned upon the passage of the annual State of California Budget by the Legislature, the allocation of funding by the California Transportation Commission as appropriate, and the encumbrance of funding to the District Office of STATE. XIII. This Agreement shall remain in full force and effective until amended by the mutual consent of the parties thereto or terminated by either party upon thirty (30) days' prior written notice to the other party. 8/25/05 3 CITY OF VERNON IN WITNESS WHEREOF, the parties heretQ have set their hands and seal the day and year first above written. Approved as to form: city ofVemon ~ Eric T. Fresch City Attorney By ATTEST: ~ Leonis C. Malburg, Mayor By: Bruce V. Malkenhorst, Jr. Acting City Clerk * Approved as to form and procedure: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILLIAM AKEMPTON Director of Transportation Attorney DepmmoomofT~rtmwn By Doug Failing District Director CITY Attorney By * Approval by ST ATE's Attorney is not required unless changes are made to this form, in which case the draft will be submitted for Headquarters' review and approval by STATE's Attorney as to form and procedures. 8/25/05 4 CITY OF VERNON EXHIBIT "A" DELEGATION OF MAINTENANCE The specific nmintenance function indicted below, and on "EXIDBIT B" is hereby delegated to CITY. This delegation of maintenance function set forth herein does not include the control and maintenance areas and functions, which rest with CITY under the terms of executed Free~y Agreements and/or Freeway Maintenance Agreements. See Exhibit "B" for Post Mile, and Description olLocation Rout., No. .Loeafion -..ription 710 LONG BEACH Fwy. from the southeast City limits at Atlantic Blvd., PM 21.95 to the north City limit a roximatel 0.05 mile north of Hobart TOTAL AUmORIZED EXPENDITURE: HM4K - ELECTRICAL M.j..te~ J1alDiJy Delegated HM4K Traffic Signals $12,200 $12,200 This includes maintenance work performed on highway electrical facilities including traffic signals, traffic-signal systems, safety lighting and sign lighting. It also includes the electrical energy for these items. 8/25/05 5 CITY OF VERNON EXHIBIT "B" Signal's And LIGHTING AGREEMEMT Caltrans and City of Vernon BASIS OF COST DISTRIBUTION Maintenance, Operation and Electrical Energy of State-Owned Signals and Lighting by the City of Vernon, in Accordance with Maintenance Agreement Effective City to Bill State/other agencies as applicable. POsT "O\l'fl IfU.U LOCATION DlSPnPTIoN 1 710 21.931 710 Fwy. SB @Bandini Bl. OfIRamp BDllO 33 67 2 710 21.950 710 Fwy~ NB@BandiniBI-AtlanticOnRamp EDI09 50 50 8/25/05 6 CITY OF VERNON , . WORK SCBEDULESIBILLING: Work plans and schedules MUST be sent to the Caltrans Area Superintendent on a semi annual base of work to be performed. The office is located at: 7300 East Bandini Blvd., Commerce, CA. Please contact the Special Crews Office (213) 620-3110 with work plans and schedule changes. Anv additional eXDenditure ansiDI! from s~eeitie Droieets.. as out6ned in artiele VI-B.. wiD not be oaid without ~rior autho.u,tion of work needful! to be Ilerformed. Bills should be sent in triplicate to The Caltrans District Office, located at: Department of Transportation Maintenance Agreement Unit MS-3 100 S. Main St, MS 03 Los Angeles, CA 90012 8/25/05 7 CITY OF VERNON ~ ~ ~ a~ 1~-~ CTTY COUNCIL ~ ~ LEONIS C. MALBURG 't406 1 ~ SOL BENUDIZ Mayor Ii ~ ~ d. 6°y Police Chief THOMAS A. YBARRA :a~ ~ Mayor Pro-Tem ~ MARK C. WHITWORTH r- Acting Fire Chief WM. "BILL" DAVIS r t ; ~ ~ ; ~ LEWIS J. POZZEBON ~~y~`_ _ f a Councilman " ~ a ~ J Director of Environmental Health H.'"LARRY" GONZALES Councilman l"""~"'"""``~' .~~~wr.~:..~~..~..,.~«µ~ " S: KEVIN WILSON Director of Community Services W. MICHAEL McCORMICK 4305 Santa Fe Avenue, Vernon, California 90058 SHARON L. DUCKWORTH Councilman telephone (323) 583-8811 Acting City Treasurer July 24, 2006 - Department of Transportation, District.? Attn: Ms. Rachel Duran Agreements Coordinator 100 S. Main Street, MS 03 Los Angeles, CA .90012 Re: City of Vernon Resolution. No. 8885 - Approving the Traffic Signal .Maintenance-Agreement Dear Ms. Duran: Thank you for providing us with an original executed duplicate agreement. As requested on your letter dated July 27, 2006, transmitted herewith is a copy of the fully executed City of Vernon Resolution No. 8885 approving the above referenced agreement. .Should there be any questions on this matter, please call the Director of Community Services & Water, Mr. Kevin Wilson, at 323/583-8811 ext. 24.5. Sincerely, el y Gi n Deputy C t Clerk .ng cc: Resolution No. 8885 ~~~Cu~fv~(~ ~n~u~#~ful ` ~ AGREEM~.. Y' FOR MAINTENANCE OF STATE .HIGHWAY IN THE CITY OF VERNON THIS AGREEMENT is entered into effective this ~5 ~ day of ~ r ' , 20c~ ~ ; by and between the State of California, acting by and through the Department of Transpo tion, hereinafter referred to as "STATE", and the City of Vernon, hereinafter referred to as «CITY". I. The Parties .desire that CITY perform certain specific maintenance. functions on those portions of those State highways located within CITY 's jurisdiction and identified herein, all as is authorized in section 130 of the Streets and Highways Code. II. This Agreement shall supersede any previous agreement for maintenance of the same identified portion of these State highways of and/or amendments thereto entered into with CITY. III. CITY will perform such maintenance work as is specifically delegated to it, on these identif ed State highway routes, or portions thereof; all as hereinafter described under Exhibit "A" hereof; or as said Exhibit may be subsequently modified with the consent of the parties hereto, acting by and through their authorized representatives. IV. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual (a copy of which has been provided to CITY), or as may be prescribed in writing from time. to time in writing by the District Director and agreed to by CITY in writing.- "District Director," as used herein, means the District Director of the Department of Transportation assigned to the territory in which- CITY is located, or an authorized representative. V. The functions and levels of maintenance service delegated to CITY in the attached Exhibit "A", "Delegation of Maintenance," has been considered in setting authorized total dollar reimbursement amounts. CITY may perform additional work if desired,, but STATE will not reimburse CITY for any work not authorized or for work in excess of the authorized dollar limits established herein or for the performance of any work not described in said Exhibit "A" VI. A STATE will reimburse CITY for the actual cost of all routine maintenance work performed by CITY as delegated under Exhibit "A" to this Agreement... It is agreed that during any fiscal year, the maximum expenditure on any designated route shall not exceed the amount as shown available for that route in Exhibit "A" to this Agreement unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided. B. The. cost of operating and maintaining. State-owned. traffic signals and safety lighting now in place at the intersection of any State highway route and any CITY street/road shall be shared as shown in Exhibit B. 8/25/05 1 CITY OF VERN~O}N ` ~ G Extraordinaryc~penses, such as for the repair or replace>.~nt of extensive damage, shall be assessed directly. against the particular installation involved. Billing for such _ costs shall be itemized as to materials, including services and expense; salaries and wages; and equipment rental. Documentation of incident causing damages shall be • required, and copies of police reports, if taken, shall accompany billings submitted to STATE. Upon agreement, STATE will reimburse City for its costs. D. The expenditure for routine maintenance work on highway routes identified in Exhibit "A", as referred to above, may be increased or decreased or redistributed between routes and additional expenditures for specific projects not named in Exhibit "A" may also be authorized. However, such adjustments of expenditures for routine maintenance or such specific projects can only be:authorized (in writing) by the ~ District Director or his/her authorized representative and accepted by the CITY when ~ Exhibit "A" is amended accordingly. E. Additional expenditures, or an adjustment of expenditures once authorized, shall apply only during the fiscal year designated therein and shall not be deemed to permanently modify or change the basic maximum expenditure per route as hereina$er specified imExhibit "A". An adjustment of for the. said maximum expenditure,: either an increase or decrease, shall not affect: other terms of this .Agreement. VII. Anew Exhibit "A", DELEGATION OF MAINTENANCE, will be provided annually by STATE for each fiscal year, if necessary, to ensure an equitable annual cost allocation. VIIL A. CITY will submit bills semi-annually in arrears.. Bills for any fiscal year. (July 1- June30) must be submitted promptly following the close of STATE's fiscal year "But not later than November 30th' and should be coded according to the Caltrans HM Program Code as outlined in this Agreement. Bills submitted for work performed in periods prior to any preceding fiscal year will be deemed waived and will not be honored. B. Maintenance services provided by contract or on a unit-rate basis with overhead costs included shall not have additional overhead charges added again. An actual handling charge by CITY will be allowed in an amount not exceeding $25.00 per invoice for the direct cost of processing this type of bill. C. CITY shall retain and make available -for Audit by STATE. or a designee of STATE all record, documents, and sources necessary to identify and properly allocate allowable cost paid under this Agreement for a period. of 3 years from the date of receipt by CITY of STATE'S last payment made for these contracted services. IX. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or to affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law. X. It is understood and agreed that neither STATE nor. any of its officers or employees are responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government $/25/05 2 CITY OF VERNON ' ~ Code section 895.4; ~:ITY shall defend, indemnify and save ~~:#nless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and • description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. XI. It is understood and agreed that neither CITY nor any officer or employee thereof is responsible for any damage or liability. occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CITY, and all of its officers and employees from all claims, suits or actions of every name, kind- and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE-under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. XII. Costs and expenses authorized to be incurred by STATE under the terms of this Agreement are conditioned upon the passage ofthe annual State of California Budget by the Legislature, the allocation of funding by the California Transportation Commission as appropriate, and the encumbrance of funding to the District Office of STATE. XIII. This Agreement shall remain in full force and effective until amended by the mutual consent of the parties thereto or terminated by either parry upon thirty (30) days' prior written notice to the other party. 8/25/05 3 CITY OF VERNON 0~~196 IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. Approved as to form: City of Vernon Eric T~F~esch $ l' ~~~1i1',.~-.~:~G~c.~ ~3 City Attorney y ~ ATTEST• Leonis C. Malburg, Mayor By: Bruce V. Malkenhorst, Jr. Acting City Clerk *Approved as to form and STATE OF CALIFORNIA procedure: DEPARTMENT OF TRANSPORTATION ' L~ Attorney ~ WILLIAM A.KEMPTON Department of Transportation Director of Transportation- - By CITY Attorney Do Failing District Director f By * Approval by STATE's Attorney is not required unless changes are made to this form, in which case the draft will be submitted for Headquarters' review and approval by STATE's Attorney as to form and procedures. 8/25/05 4 CITY OF VERNON C~1.6~96 . EXHIBIT "A~' DELEGATION OF MAINTENANCE The specific maintenance function indicted below, and on "EXHIBIT B" is hereby delegated to CITY. This delegation of maintenance function set forth herein does not include the control and maintenance areas and functions, which rest with CITY under the terms of executed Freeway Agreements and/or Freeway Maintenance Agreements. See Exhibit "B" for Post Mile, and Description of Location Maintenance Maximum Annual Route Location Description family Authorised No. Delegated E$penditure LONG BEACH Fwy. from the 710 southeast City limits at Atlantic Blvd., HM4K $12,200 PM 21.95 to the north City limit Traffic Signals approximately 0.05, mile north of Hobart TOTAL AUTHORIZED EXPENDITURE: $12,20p HM4K -ELECTRICAL This includes maintenance work performed on highway electrical facilities including traff c signals, traffic-signal systems, safety lighting and sign lighting. It also includes the electrical energy for these items. 8/25/05 5 CITY OF VERNON A EXHIBIT "B" . ~ Signal's And LIGHTING AGREEMEIVIT Caltrans and City of Vernon BASIS OF COST DISTRIBUTION Maintenance, Operation and Electrical Energy of State-Owned Signals and Lightin by the City of Vernon, in Accordance with Maintenance Agreement Effective ~ / ~ ~ City to Bill State/other agencies as applicable. POST TYpE OF °1o COST OF NO ROUTI MII.E. LOCATION DISCRIPTION FACILITY I?ISTRIBUTION STATE C1TY 1 710 21.931 71O Fwy. SB @ Bandini Bl. Off Ramp ED110 33 67 2 710 21.950. 710 Fwy. NB @ Bandin Bl-Atlantic On Ramp. ED109 50 50 8/25/05 6 CITY OF VERNON ~~~~l~s Y WORK SCHEDULESBILLING: Work plans and schedules MUST be sent to the Caltrans Area. Superintendent on a semi annual base of work to be perforn~ed. The office is located at: ?300 Fast uandL„i R1vd., Coerce, CA. Please contact the Special Crews Office (213) 620-3110 with work plans and schedule changes. Any additional expenditure arising from specific proiects, as outlined in article VI-B. will not be paid without prior authorization of work needing to be performed. Bills should be sent in triplicate to The Caltrans District Office, located at: Department of Transportation Maintenance Agreement Unit MS-3 100 S. Main St, MS 03 Los Angeles, CA 90012 8/25/05 7 CITY OF VERNON a~~~~s