Resolution No. 10100RESOLUTION NO. 10,100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF COOPERATIVE AGREEMENT NO, 07-4853
BY AND BETWEEN THE CITY OF VERNON AND THE
STATE OF CALIFORNIA, ACTING BY AND THROUGH THE
DEPARTMENT OF TRANSPORTATION, FOR TRAFFIC
SIGNAL IMPROVEMENTS AT THE INTERSECTION OF
ATLANTIC BOULEVARD AND BANDINI BOULEVARD
WHEREAS, in 1997, the City of Vernon received a grant
from the Gateway Cities Council of Governments, through the Los
Angeles County Metropolitan Transit Authority ("MTA"), to finance
improvements to the intersection of Atlantic Boulevard and Bandini
Boulevard; and
WHEREAS, the City used said grant funds to pay for 65%
of the costs of improving traffic signal equipment at the
intersection of Atlantic Boulevard and Bandini Boulevard; and
WHEREAS, pursuant to a maintenance agreement dated
January 1, 2006 between the City and the State of California,
acting through the California Department of Transportation
("Caltrans"), the City and Caltrans share in the cost of
maintaining traffic signals on State highway routes located within
the City's jurisdiction, including certain traffic signals located
along Bandini Boulevard; and
WHEREAS, the City and Caltrans have agreed to share in
the remaining 35% of the cost of improving the traffic signal
equipment at the intersection of Atlantic Boulevard and Bandini
Boulevard; and
.WHEREAS, the City has constructed improvements to the
traffic signal equipment at said intersection and is seeking
reimbursement from Caltrans for its share of the remaining 35% of
the cost of such improvements; and
WHEREAS, the City and Caltrans desire to enter into
Cooperative Agreement No. 07-4853 (the "Agreement") setting forth
the terms and conditions under which Caltrans shall pay to the
City the total sum of $45,500.00, which represents its share of
said costs; and
WHEREAS, by memo dated October 2.1, 2009, the Director of
Community Services & Water has recommended that the City Council
of the City of Vernon authorize the Agreement and approve its
execution.
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 Caltrans, a copy of which is
attached hereto as Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon
hereby authorizes the Mayor or Mayor Pro-Tem to execute the
Agreement with Caltrans for, and on behalf of, the City of Vernon
and the City Clerk, or Deputy City Clerk, is hereby authorized to
attest thereto.
SECTION 4: The City Council of the City of Vernon
hereby authorizes the City Administrator, or his designee, to take
whatever actions are deemed necessary or desirable for the purpose
of implementing and carrying out the purposes of this Resolution
2
and the transactions herein approved or authorized.
SECTION 5: The City Council of the Vernon hereby
directs the City Clerk, or her designee,'to send five executed
Agreements to Caltrans.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution,
and the City Clerk of the City of Vernon shall cause this
resolution and the City Clerk's certification to be entered in the
File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 9th day of November, 2009.
ATTEST:
MANUELA GIRON, City Clerk
Name: Hilario Gonzales
Title. Mayor / --seta �
3
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No.
10,100, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council
duly held on Monday, November 9, 2009, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of November, 2009, at Vernon,
California.
(SEAL)
MANUELA GIRON,"City Clerk
M
EXHIBIT A
07-LA-710-PM 22.154
Traffic Signal Renovation at Atlantic and
Bandini Boulevards
EA No. 07354-2P8701
District Agreement No. 07-4853
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , 2009, is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to
herein as "STATE", and the
CITY OF VERNON, a body politic and a
municipal corporation in the State of
California, referred to herein as "CITY."
District Agreement No. 07-4853
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are
authorized to enter into a Cooperative Agreement for improvements to State Highways
within the City of Vernon.
2. STATE desires the renovation of an existing STATE owned traffic signals and lights on
State Route 710 (SR-710) at the intersection of Atlantic and Bandini Boulevards,
referred to herein as "IMPROVEMENTS", and is willing to pay a lump sum contribution
of $45,500 to CITY for the IMPROVEMENTS.
3. CITY agrees to implement IMPROVEMENTS and desires improvements to the Atlantic
and Bandini Boulevard intersection consisting of right of way signage, roadwork
improvement and striping, referred to herein as "BETTERMENTS."
4. It is mutually beneficial to combine said IMPROVEMENTS and BETTERMENTS into one
project for ease of construction; to reduce future operation and maintenance costs; and
to minimize inconvenience to the Public under a single construction contract, said work
referred to herein as "PROJECT." A plan for the new traffic installation is attached to
show the location of PROJECT.
5. The parties hereto intend to define herein the terms and conditions under which
PROJECT is to be constructed, financed, and maintained.
SECTION I
CITY AGREES:
1. To advertise, award, and administer the construction contract for PROJECT
2. To apply for necessary encroachment permits for required PROJECT work within State
Highway right of way, in accordance with STATE's standard permit procedures, as more
specifically defined in Articles 2, 3, and 4 of Section III of this Agreement.
3. To construct PROJECT in accordance with plans and specifications of CITY, to the
satisfaction of and subject to the approval of STATE.
4. Within sixty (60) days following the completion and acceptance of the construction
contract, to furnish STATE a completed set of the entire As -Built plans on a CD-ROM
(MicroStation .dgn file, version 5.0 or later up through version 7). The .dgn files must
comply with the STATE's current CADD Users Manual and Plans Preparation Manual.
The submittal must also include all contract records, including survey documents and
Records of Survey (to include monument perpetuation per the Land Surveyor Act,
Section 8771). Also submit all corrected full-size (hard copy and .dgn) structure plans if
any.
5. To submit a billing in the amount of $45,500 to STATE within thirty (30) days upon
execution of this Agreement and prior to commencement of any work performed by
CITY, said billing represents STATE's lump sum contribution for IMPROVEMENTS to be
performed by CITY on STATE's behalf pursuant to this Agreement.
6. To retain or cause to be retained for audit by STATE or other government auditors for a
period of three (3) years from date of final payment, all records and accounts relating to
construction of PROJECT.
7. If unanticipated cultural, archaeological, paleontological or other protect materials are
encountered during PROJECT construction, CITY shall stop work in that area until a
qualified professional can evaluate the nature and significance of the find and a plan is
approved for the removal or protection of that material. The costs for any removal or
2
District Agreement No. 07-4853
protection of that material shall be covered as a PROJECT cost contemplated by this
Agreement.
SECTION II
STATE AGREES:
To issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits
for required work within the State Highway rights of way, as more specifically defined in
Articles 2, 3, and 4, of Section III of this Agreement.
2. To provide, at no cost to CITY, a qualified STATE Representative who shall have
authority to accept or reject work and materials or to order any actions needed for
public safety or the preservation of property within STATE right of way and to assure
compliance with all provisions of the encroachment permit(s) issued to CITY and CITY's
contractor.
3. To deposit with CITY within 25 days of receipt of billing therefor (which billing will be
forwarded immediately following execution of this Agreement), the amount of $45,500,
which figure represents the STATE's lump sum contribution for IMRPOVEMENTS to be
performed by CITY on STATE's behalf pursuant to this Agreement.
4. At no cost to CITY, to provide Independent Quality Assurance (IQA) activities of all work
on PROJECT within STATE's right of way when performed by CITY, including, but not
limited to, investigation of potential hazardous material sites and all of right way
activities undertaken by CITY or its designee on STATE's right of way; to provide prompt
reviews and approvals, as appropriate, of submittals by CITY; and to cooperate in timely
processing of PROJECT.
SECTION III
IT IS MUTUALLY AGREED:
All obligations of STATE under the terms of this Agreement are subject to the ap-
propriation of the resources by the Legislature, State Budget Act authority, and the
allocation of resources by the California Transportation Commission.
2. The parties to this Agreement understand and agree that STATE's Independent Quality
Assurance (IQA) is defined as providing STATE policy and procedural guidance through
to completion of the PROJECT construction phase administered by CITY. This guidance
includes prompt reviews by STATE to assure that all work and products delivered or
incorporated into the PROJECT by CITY conform with the then existing STATE
standards. IQA does not include any PROJECT related work deemed necessary to
actually develop and deliver the PROJECT, nor does it involve any validation to verify
and recheck any work performed by CITY and/or its consultants or contractors and no
liability will be assignable to STATE,, its officers and employees by CITY under the terms
of this Agreement or by third parties by reason of STATE's IQA activities.
3. Construction by CITY of PROJECT referred to herein which lie within State Highway
right of way or affect STATE facilities shall not be commenced until an encroachment
permit is issued to CITY authorizing such work.
4. CITY shall obtain the aforesaid encroachment permit through the office of State District
Permit Engineer. Receipt by CITY of the approved encroachment permit shall constitute
CITY authorization from STATE to proceed with work to be performed by CITY or CITY
3
District Agreement No. 07-4853
representatives within STATE right of way or which affects STATE facilities, pursuant to
work covered by this Agreement. CITY's authorization to proceed with said work shall be
contingent upon CITY's compliance with all provisions set forth in said encroachment
permit.
5. CITTs construction contractor shall also be required to obtain an encroachment permit
from STATE prior to commencing any work within STATE right of way or which affects
STATE facilities. The application by CITY's contractor for said encroachment permit
shall be made through the office of State District Permit Engineer and shall include
proof said contractor has payment and performance surety bonds covering construction
of PROJECT.
6. In the construction of PROJECT, said representatives of CITY and STATE will cooperate
and consult with each other, and all work within STATE's right of way shall be
accomplished to the satisfaction of STATE's representative.
7. If existing public and/or private utilities conflict with the construction of PROJECT,
CITY will make all necessary arrangements with the owners of such utilities for their
protection, relocation or removal. CITY will inspect the protection, relocation or removal
of such facilities. If any protection, relocation, or removal of utilities is required on
STATE property, such work shall be performed in accordance with STATE policy and
procedure. CITY shall require any utility owner performing relocation work in STATE's
right of way to obtain a STATE encroachment permit prior to the performance of said
relocation work.
8. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements,
and/or approvals from appropriate regulatory agencies, unless the parties agree
otherwise in writing. If STATE agrees in writing to obtain said PROJECT permits,
agreements, and/or approvals, those said costs shall be a PROJECT cost.
9. CITY shall be fully responsible for complying with and implementing any and all
environmental commitments set forth in the environmental documentation, permit(s),
agreement(s), and/or approvals for PROJECT. The costs of said compliance and
implementation shall be a PROJECT cost.
10. All administrative reports, studies, materials, and documentation, including, but not
limited to, all administrative drafts and administrative finals, relied upon, produced,
created or utilized for PROJECT will be held in confidence pursuant to Government
Code section 6254.5(e). The parties agree that said material will not be distributed,
released or shared with any other organization, person or group other than the parties'
employees, agents and consultants whose work requires that access without the prior
written approval of the party with the authority to authorize said release and except as
required or authorized by statute or pursuant to the terms of this Agreement.
11. If, during performance of PROJECT construction, new information is obtained which
requires the preparation of additional environmental documentation to comply with
CEQA and if applicable, NEPA, this Agreement will be amended to include completion of
those additional tasks.
12. The party that discovers HM will immediately notify the other party(ies) to this
Agreement.
HM-1 is defined as hazardous material (including but not limited to hazardous waste)
that requires removal and disposal pursuant to federal or state law, whether it is
disturbed by PROJECT or not.
0
District Agreement No. 07-4853
HM-2 is defined as hazardous material (including but not limited to hazardous waste)
that may require removal and disposal pursuant to federal or state law, only if disturbed
by PROJECT.
13. STATE, independent of PROJECT, is responsible for any HM-1 found within existing
SHS right of way. STATE will undertake HM-1 management activities with minimum
impact to PROJECT schedule and will pay all costs for HM-1 management activities.
CITY, independent of PROJECT, is responsible for any HM-1 found outside existing SHS
right of way. CITY will undertake HM-1 management activities with minimum impact to
PROJECT schedule and will pay all costs for HM-1 management activities.
14. If HM-2 is found within the limits of PROJECT, the public agency responsible for
advertisement, award, and administration (AAA) of the PROJECT construction contract
will be responsible for HM-2 management activities.
Any management activity cost related to HM-2 is a PROJECT construction cost.
15. Management activities related to either HM-1 or HM-2 include, without limitation, any
necessary manifest requirements and designation of disposal facility.
16. STATE's acquisition or acceptance of title to any property on which any hazardous
material is found will proceed in accordance with STATE's policy on such acquisition.
17. Upon completion of construction of PROJECT to the satisfaction of STATE
representative, STATE will accept control of and maintain, at its own costs and expense,
those portions of PROJECT lying within STATE's right of way.
18. Upon completion of all work under this Agreement, ownership and title to all PROJECT
materials, equipment and appurtenances installed within STATE's right of way, if any,
will automatically be vested in STATE. Any materials, equipment and appurtenances
installed outside of the STATE's right of way will automatically be vested in CITY. No
further agreement will be necessary to transfer ownership as hereinbefore stated.
19. Operation and maintenance of the traffic signals and safety lighting will be handled
through an existing maintenance agreement between STATE and CITY entered into on
January 1st, 2006.
20. Nothing in the provisions of this Agreement is intended to create duties or obligations to
or rights in third parties to this Agreement or affect the legal liability of either party to
the Agreement by imposing any standard of care with respect to the maintenance of
State Highways or CITY property different from the standard of care imposed by law.
21. Neither STATE nor any officer or employee thereof is responsible for any injury, 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 conferred upon CITY or arising
under this Agreement. It is understood and agreed that CITY will fully defend, indemnify
and save harmless STATE and all its officers and employees from all claims, suits or
actions of every name, kind and description brought forth under, including, but not
limited to, tortuous, contractual, inverse condemnation, or other theories or assertions
of liability occurring by reason of anything done or omitted to be done by CITY under
this Agreement.
22. Neither CITY nor any officer or employee thereof is responsible for any injury, 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 conferred upon STATE or arising
under this Agreement. It is understood and agreed that STATE will fully defend,
5
District Agreement No. 07-4853
indemnify and save harmless CITY and all its officers and employees from all claims,
suits or actions of every name, kind and description brought forth under, including, but
not limited to, tortuous, contractual, inverse condemnation, or other theories or
assertions of liability occurring by reason of anything done or omitted to be done by
STATE under this Agreement.
23. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the. parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
24. This Agreement shall terminate upon completion of construction of PROJECT and upon
final payment to CITY by STATE, pursuant to Article 3 of Section II of this Agreement,
or on June 30, 2010, whichever is earlier in time; however, the ownership (Article 8,)
operation and maintenance (Article 19,) liability and indemnity clauses (Articles 21 and
22,) environmental commitments (Articles 11 through 15,) and legal challenges (Articles
21 and 22) shall remain in effect until terminated unless amended in writing by the
parties. Should any construction -related or other claims arising out of PROJECT be
asserted against one of the parties, the parties agree to extend the fixed termination
date of this Agreement, until such time as the construction related claims are settled,
dismissed or paid.
no
District Agreement No. 07-4853
STATE OF CALIFORNIA
Department of Transportation
RANDELL H. IWASAKI
Director
UA
Douglas R. Failing
District 07 Director
Approved as to Form and Procedure:
IUN
Attorney
Department of Transportation
Certified as to Funds:
IC
District Budget Manager
Certified as to Financial Terms and Conditions:
By:
Accounting Administrator
CITY OF VERNON
in
Hilario Gonzales
Mayor
Approved as to Form and Procedure:
Laurence S. Wiener
City Attorney
Attest:
Manuela Giron
City Clerk
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NF1N TRAFFIC SIGNALS INSTALLATION AT THE INTERSECTION OF ATLANTIC BLVD. AND BANDINI BLVD - CONTRACT N0.605
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 10, 2009
TO: Kevin Wilson, Director of Community Services & Water
FROM: Nelly Giron, City Clerk
RE: Resolution No. 10,100 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution
of a Cooperative Agreement No. 07-4853 By and Between the
City of Vernon and the State of California, Acting By and
Through 'the Department of Transportation, for Traffic Signal
Improvements at the Intersection of Atlantic.Boulevard and
Bandini Boulevard
Transmitted herewith as requested by your department, are five
partially executed agreements for your transmittal and a copy of
Resolution No. 10,100, referenced above, which was approved by City
Council on November 9, 2009.
Please ensure that a fully executed original agreement is sent to my
attention for the file.
Thank you.
NG:dj
c: Resolution No. 10,100
Agreement File No. 09-137
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Manuela Giron, City Clerk
FROM: Samuel Kevin Wilson Director of Community Services & Water
DATE: December 15, 2009
SUBJECT: RESOLUTION NO.10,100 — CALTRANS COOPERATIVE AGREEMENT NO.
07-4853
Enclosed herewith are two fully executed originals of Cooperative Agreement No. 07-4853 with
Caltrans for traffic signal improvements at the intersection of Atlantic Boulevard and Bandini Boulevard. This
agreement was approved by City Council on November 9, 2009 under Resolution No. 10,100.
SKW/ca
Enclosures
07-LA-710-PM 22.154
Traffic Signal Renovation at Atlantic and
Bandini Boulevards
EA No. 07354-2P8701
District Agreement No. 07-4853
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON V�G. �� , 2009, is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to
herein as "STATE", and the
CITY OF VERNON, a body politic and a
municipal corporation in the State of
California, referred to herein as "CITY."
District Agreement No. 07-4853
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are
authorized to enter into a Cooperative Agreement for improvements to State Highways
within the City of Vernon.
2. STATE desires the renovation of an existing STATE owned traffic signals and lights on
State Route 710 (SR-710) at the intersection of Atlantic and Bandini Boulevards,
referred to herein as "IMPROVEMENTS", and is willing to pay a lump sum contribution
of $45,500 to CITY for the IMPROVEMENTS.
3. CITY agrees to implement IMPROVEMENTS and desires improvements to the Atlantic
and Bandini Boulevard intersection consisting of right of way signage, roadwork
improvement and striping, referred to herein as "BETTERMENTS."
4. It is mutually beneficial to combine said IMPROVEMENTS and BETTERMENTS into one
project for ease of construction; to reduce future operation and maintenance costs; and
to minimize inconvenience to the Public under a single construction contract, said work
referred to herein as "PROJECT." A plan for the new traffic installation is attached to
show the location of PROJECT.
5. The parties hereto intend to define herein the terms and conditions under which
PROJECT is to be constructed, financed, and maintained.
SECTION I
CITY AGREES:
1. To advertise, award, and administer the construction contract for PROJECT
2. To apply for necessary encroachment permits for required PROJECT work within State
Highway right of way, in accordance with STATE's standard permit procedures, as more
specifically defined in Articles 2, 3, and 4 of Section III of this Agreement.
3. To construct PROJECT in accordance with plans and specifications of CITY, to the
satisfaction of and subject to the approval of STATE.
4. Within sixty (60) days following the completion and acceptance of the construction
contract, to furnish STATE a completed set of the entire As -Built plans on a CD-ROM
(MicroStation .dgn file, version 5.0 or later up through version 7). The .dgn files must
comply with the STATE's current CADD Users Manual and Plans Preparation Manual.
The submittal must also include all contract records, including survey documents and
Records of Survey (to include monument perpetuation per the Land Surveyor Act,
Section 8771). Also submit all corrected full-size (hard copy and .dgn) structure plans if
any.
5. To submit a billing in the amount of $45,500 to STATE within thirty (30) days upon
execution of this Agreement and prior to commencement of any work performed by
CITY, said billing represents STATE's lump sum contribution for IMPROVEMENTS to be
performed by CITY on STATE's behalf pursuant to this Agreement.
6. To retain or cause to be retained for audit by STATE or other government auditors for a
period of three (3) years from date of final payment, all records and accounts relating to
construction of PROJECT.
7. If unanticipated cultural, archaeological, paleontological or other protect materials are
encountered during PROJECT construction, CITY shall stop work in that area until a
qualified professional can evaluate the nature and significance of the find and a plan is
approved for the removal or protection of that material. The costs for any removal or
2
District Agreement No. 07-4853
protection of that material shall be covered as a PROJECT cost contemplated by this
Agreement.
SECTION II
STATE AGREES:
To issue, at no cost to CITY and CITTs contractor, the necessary encroachment permits
for required work within the State Highway rights of way, as more specifically defined in
Articles 2, 3, and 4, of Section III of this Agreement.
2. To provide, at no cost to CITY, a qualified STATE Representative who shall have
authority to accept or reject work and materials or to order any actions needed for
public safety or the preservation of property within STATE right of way and to assure
compliance with all provisions of the encroachment permit(s) issued to CITY and CITY's
contractor.
3. To deposit with CITY within 25 days of receipt of billing therefor (which billing will be
forwarded immediately following execution of this Agreement), the amount of $45,500,
which figure represents the STATE's lump sum contribution for IMRPOVEMENTS to be
performed by CITY on STATE's behalf pursuant to this Agreement.
4. At no cost to CITY, to provide Independent Quality Assurance (IQA) activities of all work
on PROJECT within STATE's right of way when performed by CITY, including, but not
limited to, investigation of potential hazardous material sites and all of right way
activities undertaken by CITY or its designee on STATE's right of way; to provide prompt
reviews and approvals, as appropriate, of submittals by CITY; and to cooperate in timely
processing of PROJECT.
SECTION III
IT IS MUTUALLY AGREED:
All obligations of STATE under the terms of this Agreement are subject to the ap-
propriation of the resources by the Legislature, State Budget Act authority, and the
allocation of resources by the California Transportation Commission.
2. The parties to this Agreement understand and agree that STATE's Independent Quality
Assurance (IQA) is defined as providing STATE policy and procedural guidance through
to completion of the PROJECT construction phase administered by CITY. This guidance
includes prompt reviews by STATE to assure that all work and products delivered or
incorporated into the PROJECT by CITY conform with the then existing STATE
standards. IQA does not include any PROJECT related work deemed necessary to
actually develop and deliver the PROJECT, nor does it involve any validation to verify
and recheck any work performed by CITY and/or its consultants or contractors and no
liability will be assignable to STATE, its officers and employees by CITY under the terms
of this Agreement or by third parties by reason of STATE's IQA activities.
3. Construction by CITY of PROJECT referred to herein which lie within State Highway
right of way or affect STATE facilities shall not be commenced until an encroachment
permit is issued to CITY authorizing such work.
4. CITY shall obtain the aforesaid encroachment permit through the office of State District
Permit Engineer. Receipt by CITY of the approved encroachment permit shall constitute
CITY authorization from STATE to proceed with work to be performed by CITY or CITY
3
District Agreement No. 07-4853
representatives within STATE right of way or which affects STATE facilities, pursuant to
work covered by this Agreement. CITY's authorization to proceed with said work shall be
contingent upon CITY's compliance with all provisions set forth in said encroachment
permit.
5. CITY's construction contractor shall also be required to obtain an encroachment permit
from STATE prior to commencing any work within STATE right of way or which affects
STATE facilities. The application by CITY's contractor for said encroachment permit
shall be made through the office of State District Permit Engineer and shall include
proof said contractor has payment and performance surety bonds covering construction
of PROJECT.
6. In the construction of PROJECT, said representatives of CITY and STATE will cooperate
and consult with each other, and all work within STATE's right of way shall be
accomplished to the satisfaction of STATE's representative.
7. If existing public and/or private utilities conflict with the construction of PROJECT,
CITY will make all necessary arrangements with the owners of such utilities for their
protection, relocation or removal. CITY will inspect the protection, relocation or removal
of such facilities. If any protection, relocation, or removal of utilities is required on
STATE property, such work shall be performed in accordance with STATE policy and
procedure. CITY shall require any utility owner performing relocation work in STATE's
right of way to obtain a STATE encroachment permit prior to the performance of said
relocation work.
8. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements,
and/or approvals from appropriate regulatory agencies, unless the parties agree
otherwise in writing. If STATE agrees in writing to obtain said PROJECT permits,
agreements, and/or approvals, those said costs shall be a PROJECT cost.
9. CITY shall be fully responsible for complying with and implementing any and all
environmental commitments set forth in the environmental documentation, permit(s),
agreement(s), and/or approvals for PROJECT. The costs of said compliance and
implementation shall be a PROJECT cost.
10. All administrative reports, studies, materials, and documentation, including, but not
limited to, all administrative drafts and administrative finals, relied upon, produced,
created or utilized for PROJECT will be held in confidence pursuant to Government
Code section 6254.5(e). The parties agree that said material will not be distributed,
released or shared with any other organization, person or group other than the parties'
employees, agents and consultants whose work requires that access without the prior
written approval of the party with the authority to authorize said release and except as
required or authorized by statute or pursuant to the terms of this Agreement.
11. If, during performance of PROJECT construction, new information is obtained which
requires the preparation of additional environmental documentation to comply with
CEQA and if applicable, NEPA, this Agreement will be amended to include completion of
those additional tasks.
12. The party that discovers HM will immediately notify the other party(ies) to this
Agreement.
HM-1 is defined as hazardous material (including but not limited to hazardous waste)
that requires removal and disposal pursuant to federal or state law, whether it is
disturbed by PROJECT or not.
C1
District Agreement No. 07-4853
HM-2 is defined as hazardous material (including but not limited to hazardous waste)
that may require removal and disposal pursuant to federal or state law, only if disturbed
by PROJECT.
13. STATE, independent of PROJECT, is responsible for any HM-1 found within existing
SHS right of way. STATE will undertake HM-1 management activities with minimum
impact to PROJECT schedule and will pay all costs for HM-1 management activities.
CITY, independent of PROJECT, is responsible for any HM-1 found outside existing SHS
right of way. CITY will undertake HM-1 management activities with minimum impact to
PROJECT schedule and will pay all costs for HM-1 management activities.
14. If HM-2 is found within the limits of PROJECT, the public agency responsible for
advertisement, award, and administration (AAA) of the PROJECT construction contract
will be responsible for HM-2 management activities.
Any management activity cost related to HM-2 is a PROJECT construction cost.
15. Management activities related to either HM-1 or HM-2 include, without limitation, any
necessary manifest requirements and designation of disposal facility.
16. STATE's acquisition or acceptance of title to any property on which any hazardous
material is found will proceed in accordance with STATE's policy on such acquisition.
17. Upon completion of construction of PROJECT to the satisfaction of STATE
representative, STATE will accept control of and maintain, at its own costs and expense,
those portions of PROJECT lying within STATE's right of way.
18. Upon completion of all work under this Agreement, ownership and title to all PROJECT
materials, equipment and appurtenances installed within STATE's right of way, if any,
will automatically be vested in STATE. Any materials, equipment and appurtenances
installed outside of the STATE's right of way will automatically be vested in CITY. No
further agreement will be necessary to transfer ownership as hereinbefore stated.
19. Operation and maintenance of the traffic signals and safety lighting will be handled
through an existing maintenance agreement between STATE and CITY entered into on
January 1st, 2006.
20. Nothing in the provisions of this Agreement is intended to create duties or obligations to
or rights in third parties to this Agreement or affect the legal liability of either party to
the Agreement by imposing any standard of care with respect to the maintenance of
State Highways or CITY property different from the standard of care imposed by law.
21. Neither STATE nor any officer or employee thereof is responsible for any injury, 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 conferred upon CITY or arising
under this Agreement. It is understood and agreed that CITY will fully defend, indemnify
and save harmless STATE and all its officers and employees from all claims, suits or
actions of every name, kind and description brought forth under, including, but not
limited to, tortuous, contractual, inverse condemnation, or other theories or assertions
of liability occurring by reason of anything done or omitted to be done by CITY under
this Agreement.
22. Neither CITY nor any officer or employee thereof is responsible for any injury, 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 conferred upon STATE or arising
under this Agreement. It is understood and agreed that STATE will fully defend,
5
District Agreement No. 07-4853
indemnify and save harmless CITY and all its officers and employees from all claims,
suits or actions of every name, kind and description brought forth under, including, but
not limited to, tortuous, contractual, inverse condemnation, or other theories or
assertions of liability occurring by reason of anything done or omitted to be done by
STATE under this Agreement.
23. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
24. This Agreement shall terminate upon completion of construction of PROJECT and upon
final payment to CITY by STATE, pursuant to Article 3 of Section II of this Agreement,
or on June 30, 2010, whichever is earlier in time; however, the ownership (Article 8,)
operation and maintenance (Article 19,) liability and indemnity clauses (Articles 21 and
22,) environmental commitments (Articles 11 through 15,) and legal challenges (Articles
21 and 22) shall remain in effect until terminated unless amended in writing by the
parties. Should any construction -related or other claims arising out of PROJECT be
asserted against one of the parties, the parties agree to extend the fixed termination
date of this Agreement, until such time as the construction related claims are settled,
dismissed or paid.
0
District Agreement No. 07-4853
STATE OF CALIFORNIA
Department of Transportation
RANDELL H. IWASAKI
Director
By:peoglas PC.
2r! Zi. �ahcl
-74Ai4?,?7M District 07 Director
Approved as to Form and Procedure:
By:
Attorney
Department of Transportation
Certified as to Funds:
Budgetict
Certified as to Financial Terms and Conditions:
CITY OF VERNON
By: `
Hilario onzales
Mayor
Approved as to Form and Procedure:
Laurence S. Wiener
City Attorney
A
Attest: Al—
Manuela Giron
City Clerk
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NFW TRAFFIC SIGNALS INSTALLATION AT THE INTERSECTION OF ATLANTIC BLVD. AND BANDINI BLVD: CONTRACT NO. 605
RECEIVED MLI
APPROVED NOVO 9 09 CITY COUNCIL
OCT 21 2009
GITrcLERWs0ff1GE STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT
DATE: October 21, 2009 � ok
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, irector of Community Services & Water
RE: Atlantic Blvd. and Bandini Blvd. Traffic Signal Improvements — Caltrans
Cooperative Agreement No. 07-4853 - Payment of Shared Costs
The City of Vernon and Caltrans share responsibility for the intersection of Atlantic Blvd. and
Bandini Blvd. The City of Vernon maintains the traffic signal equipment at this intersection for both
agencies. The City of Vernon is the lead agency and maintains the intersection with Caltrans paying
its fair share. The City and Caltrans share responsibility for the functioning of the traffic signal at this
intersection under an agreement for maintenance that was renewed in January 2006. In the
maintenance agreement, any significant improvement requires a separate agreement to share any
extraordinary costs. The equipment at this vital intersection was in poor condition when the City of
Vernon annexed the intersection from the City of Bell in 2000. A complete replacement of all the
equipment was planned but funding was a major barrier to completing this work. The Gateway Cities
secured a grant from the Metropolitan Transportation Authority in 1997 to improve the intersection as
part of the "Truck Impacted Intersection project. The County of Los Angeles finally secured a
consultant to complete the design in 2004 but could not bid and construct the project. The Gateway
Cities and the City of Vernon determined that the project required expediting and in 2007, the
Gateway Cities allowed the City of Vernon to redesign the traffic signal work and bid and construct
the project. The City of Vernon through the grant from the Gateway Cities and the Metropolitan
Transportation Authority improved the traffic signal equipment at this intersection by securing a
traffic signal contractor and completed the work in June 2008.
The City of Vernon secured 65% of the costs for this improvement from the Gateway Cities
Grant and the 35% balance was to be equally shared between the City and Caltrans. The City of
Vernon approached Caltrans in 2007 to pay their fair share but Caltrans did not have the funds to pay
at that time. Unfortunately, in order to utilize the funds, the project had to be constructed quickly and
Caltrans did not have the funds to pay its proportionate share during that fiscal year but did agree to
pay the cost in the future. In order for payment by Caltrans to the City of Vernon of the shared costs,
Caltrans requires a separate agreement to pay the shared costs. The agreement has been drawn and the
City Attorney has reviewed and approved the agreement as to form.
Fiscal Impact:
Upon execution.of the agreement, Caltrans will pay its shared cost of 17.5% of the costs of the
traffic signal improvement of $45,500.00 to the City of Vernon.
Recommendation:
It is recommended that Cooperative Agreement No. 07-4853 between the City of Vernon and
Caltrans be approved and executed.
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Donal O'Callaghan, City Administrator qE- kOW)
�j �
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: October 21, 2009
SUBJECT: Atlantic Blvd. and Bandini Blvd. Traffic Signal Improvements - Caltrans
Cooperative Agreement No. 07-4853 - Payment of Shared Costs
The City of Vernon and Caltrans share responsibility for the intersection of Atlantic Blvd. and
Bandini Blvd. The City of Vernon maintains the traffic signal equipment at this intersection for both
agencies. The City of Vernon is the lead agency and maintains the intersection with Caltrans paying
its fair share. The City and Caltrans share responsibility for the functioning of the traffic signal at this
intersection under an agreement for maintenance that was renewed in January 2006. In the
maintenance agreement, any significant improvement requires a separate agreement to share any
extraordinary costs. The equipment at this vital intersection was in poor condition when the City of
Vernon annexed the intersection from the City of Bell in 2000. A complete replacement of all the
equipment was planned but funding was a major barrier to completing this work. The Gateway Cities
secured a grant from the Metropolitan Transportation Authority in 1997 to improve the intersection as
part of the "Truck Impacted Intersection" project. The County of Los Angeles finally secured a
consultant to complete the design in 2004 but could not bid and construct the project. The Gateway
Cities and the City of Vernon determined that the project required expediting and in 2007, the
Gateway Cities allowed the City of Vernon to redesign the traffic signal work and bid and construct
the project. The City of Vernon through the grant from the Gateway Cities and the Metropolitan
Transportation Authority improved the traffic signal equipment at this intersection by securing a
traffic signal contractor and completed the work in June 2008.
The City of Vernon secured 65% of the costs for this improvement from the Gateway Cities
Grant and the 35% balance was to be equally shared between the City and Caltrans. The City of
Vernon approached Caltrans in 2007 to pay their fair share but Caltrans did not have the funds to pay
at that time. Unfortunately, in order to utilize the funds, the project had to be constructed quickly and
Caltrans did not have the funds to pay its proportionate share during that fiscal year but did agree to
pay the cost in the future. In order for payment by Caltrans to the City of Vernon of the shared costs,
Caltrans requires a separate agreement to pay the shared costs. The agreement has been drawn and the
City Attorney has reviewed and approved the agreement as to form.
C�IVEI�
O C T 2 2 2009
BY:
Fiscal Impact:
Upon execution of the agreement, Caltrans will pay its shared cost of 17.5% of the costs of the
traffic signal improvement of $45,500.00 to the City of Vernon.
Recommendation:
It is recommended that Cooperative Agreement No. 07-4853 between the City of Vernon and
Caltrans be approved and executed.
SKW/sn
Enclosure
FCEIVED
OCR' 2 2 2009
BY: 4',ov
CITY ATTORNEYS OFFICE
MEMORANDUM
TO: Samuel Kevin Wilson, Director of Community Services and Water
FROM: Katrina C. Gonzales, Assistant City Attorney
CC: Laurence S. Wiener, City Attorney
Gena M. Stinnett, Assistant City Attorney
DATE: October 21, 2009
SUBJECT: Caltrans Cooperative Agreement No. 07-4853 - Approved as to Form
The City Attorney's office has reviewed Cooperative Agreement No. 07-4853 between the City
of Vernon and Caltrans and has approved it as to form.
12720-0002\1181814v1.doc