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Resolution No. 2010-083RESOLUTION NO. 2010-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE GATEWAY CITIES COUNCIL OF GOVERNMENTS FOR PHASE II OF THE TRUCK IMPACTED INTERSECTION PROJECT CONTRACT NO. CS-0020 WHEREAS, pursuant to Resolution No. 6941 adopted on April 22, 1997, the City Council of the City of Vernon approved and authorized the execution of a Joint Exercise of Powers Agreement with the Gateway Cities Council of Governments ("Gateway Cities"); and WHEREAS, the City of Vernon and Gateway Cities have identified the intersection of 26th Street and Soto Street in the City of Vernon for improvements under Phase II of the Truck Impacted Intersection Project (the "Project") and WHEREAS, the final estimated cost for the Project is $1,150,000.00; and WHEREAS, Gateway Cities and the City desire to enter into a cooperative agreement setting forth the terms and conditions under which the Project will be performed and financed (the "Agreement"); and WHEREAS, the Agreement provides that _Gateway Cities will pay 65% of the first $1,000,000.00 in Project costs, up to $650,000.00 maximum; and WHEREAS, $500,000.00 in funding for the Project will come from American Recovery and Reinvestment Act (ARRA) federal funds;, and WHEREAS, by memo dated June 16, 2010, the Director of Community Services & Water has recommended that the Agreement for the Project be approved. 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, a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro7Tem to execute the Agreement for, and on behalf of, the City 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 and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send one executed Agreement to: Gateway Cities Council of Governments Attn. Richard Powers 16401 Paramount Boulevard Paramount, CA 90727 2 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 21St day of June, 2010. - Hilario Gonzales Name: Title: Mayor / 'Ntyzsr—Pro=Temp ATTEST: 9- City Clerk 3 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-83, 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, June 21, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this �Y day of June, 2010,.at Vernon, California. (SEAL) *illardXma u hi, City Clerk 4 EXHIBIT A COOPERATIVE AGREEMENT BETWEEN THE CITY OF VERNON AND THE GATEWAY CITIES COUNCIL OF GOVERNMENTS FOR PHASE II OF THE TRUCK IMPACTED INTERSECTION PROJECT THIS AGREEMENT entered into on , 2010 is between the Gateway Cities Council of Governments, a California joint powers authority referred to herein as "COG", located at 16401 Paramount Boulevard, Paramount, California 90727, and the City of Vernon, a California charter City and California municipal corporation referred to herein as "CITY" located at 4305 Santa Fe Avenue, Vernon, CA. 90058 for Phase II of the Truck Impacted Intersection Project: RECITALS WHEREAS, intersections throughout the 26 Cities of the Gateway Cities area, a sub region of the Southern California Association of Governments planning area, experience significant truck -related impacts causing bottlenecks in the Gateway Cities area. The presence of a large proportion of heavy-duty trucks results in an average vehicle delay of 10 seconds per vehicle at intersections. Movement of goods to and from the ports of Long Beach and Los Angeles via rail and truck service is projected to increase in the short- and long-term future, and truck activity within the Gateway Cities sub region is expected to increase on area freeways and surface streets. By aiding the flow of truck traffic on the major arterials in the sub region, this project will contribute to the reduction of toxic diesel emissions identified in the Multiple Air Toxic Exposure study conducted by the South Coast Air Quality Management District; and WHEREAS, Meyer Mohaddes Associates, Inc., prepared the Gateway Cities Truck Impacted Intersection Study Phase I & II, dated February 2000, evaluating truck impacts on intersections throughout the 26 Cities of the Gateway Cities area, and recommended appropriate mitigation measures. These measures included street right of way; signage and striping; and signal system improvements; and WHEREAS, the COG and CITY have identified the intersection of 26t" Street and Soto Street in the City of Vernon for Phase II of the Truck Impacted Intersection Project, and a cost estimate for the design, construction, construction engineering and inspection of the intersection has been identified; and WHEREAS, the COG has secured the funding from the Los Angeles County Metropolitan Transportation Authority [MTA] for design, construction, construction engineering and inspection of the Phase II intersections; and Page 1 WHEREAS, the COG and CITY do mutually agree to transfer the design, construction, construction engineering and inspection responsibility to the CITY for the Vernon 26th Street/Soto Street intersection; terms and conditions under which the project shall be constructed follows: I. The PROJECT: a. Within the CITY, the PROJECT consists of the following approved scope of work for the 26th Street/Soto Street intersection: - Reconstruct one intersection approach in concrete - Reconstruct the curbs gutters, sidewalks, median island - Traffic signal relocation and modification - Power pole relocation - Signing and striping The approved scope of work is more particularly described in Exhibit A, attached hereto and incorporated herein by reference. b. The final cost estimate for the PROJECT is $1,150,000.00 as identified by the CITY. The CITY has up to $650,000.00 available from the COG, and $500,000.00 from the CITY's other funding sources for the design, construction, construction engineering, and inspection of the PROJECT. C. The COG shall pay 65% and the CITY shall pay 35% of the first $1,000,000 in PROJECT costs. d. The CITY shall be responsible for PROJECT costs exceeding $1,000,000. II. The COG shall: a. Serve as the overall project manager of the PROJECT. . b. Require that CITY provide written notice to the COG of any changes to the approved scope of work set forth in Exhibit A. c. Approve the CITY'S contractor selection, if any, for the construction engineering and inspection services for the PROJECT. Page 2 d. Approve any contractor payments to be made using funds from the COG, submit contractor invoices to appropriate agencies for reimbursement under local, state and federal funding guidelines, and reimburse the CITY for PROJECT invoices in accordance with the method of disbursement set forth in Exhibit B, attached hereto and incorporated herein by reference. III. The CITY shall: a. Bid plans, specifications, and estimates ("PS&E'� and construction for the PROJECT. b. Award the contract to the lowest responsible bidder. C. Provide and/or secure construction engineering and inspection services for the PROJECT. d. Hold PROJECT meetings with the COG and contractor at the COG's request. e. Invoice the COG, and submit any contractor invoices to be paid out of the COG funds to the COGfor reimbursement in accordance with Exhibit B. f. Provide as -built plans to the COG upon completion of the PROJECT. IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. Any deviations to the approved scope of work set forth in Exhibit A shall be designed by the CITY and paid for by the CITY out of funds from sources other than the COG. b. Upon final acceptance of PROJECT by CITY, the contributions of the CITY and the COG for the PROJECT shall be adjusted to match the actual total cost of the PROJECT. The COG shall pay 65% and the CITY shall pay 35% of the first $1,000,000 of PROJECT costs. The CITY shall pay for PROJECT costs exceeding $1,000,000. C. This AGREEMENT may be terminated in writing by mutual consent of the parties hereto. d. This AGREEMENT shall terminate upon completion and acceptance of the PROJECT by CITY or on December 31, 2011, whichever is earlier in time; however, the ownership and maintenance clauses, if part of this AGREEMENT, shall remain in effect until terminated, in writing, by mutual agreement. Page 3 e. To the fullest extent permitted by law, COG and CITY shall save, indemnify, defend and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged, or threatened, actual attorney fees, court costs, interest, defense costs and expenses associated therewith including the use of experts, any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of the AGREEMENT, and attributable to the fault of the other. Following a determination of the percentage of fault and/or Liability by the agreement between the parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party to this AGREEMENT for the percentage of liability determined as set forth in this section. This provision shall not terminate or expire, shall be given the broadest possible interpretation, and shall survive the expiration or earlier termination of this AGREEMENT. f. All notices, bills, invoices, consents and other communications between the parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the following addresses: CITY: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Donal O'Callaghan COG: Gateway Cities Council of Governments 16401 Paramount Boulevard Paramount, California 90727 Attention: Richard Powers Mailed notices shall be deemed communicated as of the day of receipt. g. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this AGREEMENT, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. h. This AGREEMENT represents the entire integrated agreement between the CITY and the COG, and supersedes all prior negotiations, representations or agreements, either written or oral. This AGREEMENT may be amended only by a written instrument signed by both the CITY and the COG. i. The rights, obligations, duties and liabilities of the parties to this AGREEMENT and the interpretation of this AGREEMENT shall be governed by the domestic laws of the State of California, without regard to its laws regarding choice of applicable law. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the CITY. j. Whenever possible, each provision of this AGREEMENT shall be interpreted in such a manner as to be valid under applicable law. If any provision of this AGREEMENT is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired, or invalidated. k. This AGREEMENT may be executed in counterpart originals, duplicate originals, or . both, each of which is deemed to be an original for all purposes. APPROVED: IN WITNESS WHEREOF, the parties have executed this COOPERATIVE AGREEMENT on , 2010. Executed at California, on CITY OF VERNON: Mayor ATTEST: APPROVED AS TO FORM: Willard G. Yamaguchi, City Clerk Laurence S. Wiener, City Attorney GATEWAY CITIES COUNCIL OF GOVERNEMENTS: By: ATTEST: Gordon Stefenhagen, President Date: Date: Page 4 Richard R. Powers, Secretary EXHIBIT A SCOPE OF APPROVED WORK Project Description Contract No. CS-0020 (Federal Aid Project ID No. ESPL-5139 (011)) 26th Street Improvements project involves the following bids: (1) Base Bid (2) Additive Alternate Bid "A "if costs permit (3) Additive Alternate Bid "B"if costs permit (4) Additive Alternate Bid Y"if costs permit (1) Base Bid (A) Various Streets Pavement Improvements. (a) 261h Street from Santa Fe Avenue to 1,400' east of Soto Street. (b) Harriett Street from north City boundary to 26th Street. (c) Soto Street from north City boundary to 700' south of 26th Street. A 6 feet wide header will be cut along all the existing edge of concrete gutters. Deteriorated existing pavement on 26th Street and Harriett Street will be treated for 4 inches deep asphalt pavement Cold Recycling as designated by the plans and specifications. The process of Cold Central Plant Recycling consist of uniform cold planning the existing deteriorated pavement to specified depth, transport them to a nearby Cold Central Plant lot and then crush and size the cold planed asphalt concrete material to conform with an approved mix design gradation. Then, the crushed and sized material shall be processed in a mixing unit with new emulsified recycling agent, water and additives, and blended to become a homogeneous mixture to produce recycled asphalt concrete which will be transported and placed back on the previously uniform cold. planed street pavement surface within the same day. After curing of recycled asphalt concrete pavement, an overlay of 2-inch thick latex modified asphalt concrete will be installed on the streets per plans. All the utility valve covers will be adjusted to grade as part of the paving operations. All the manhole frames and covers within the project limits will be adjusted to grade after the final overlay paving. Existing locking type manhole frames and covers will be replaced with new non -locking type manhole frames and covers. The contractor will place temporary striping of traffic lane lines immediately after recycled asphalt concrete base paving and again after the final 2" overlay asphalt concrete paving of the streets. Final re - striping of traffic lane lines and replacement of damaged traffic loops are part of the contract. 14 feet widening along east side of the Soto Street in front of the JC Sale property (about 700 feet) shall be part .of the improvements at the 26th Street and Soto Street intersection. Existing triangle concrete median located at the southeast corner of. Soto and 261h Street shall 'be removed and reconstructed at a slightly different location. 26th Street west bound lane at Soto Street intersection approach shall be reconstructed with new concrete pavement to prevent from future rutting. Deteriorated existing pavement in the intersection and four approaches shall be cold planed from 4 to 6 inches deep and repaved with 4 to 5 inches thick new asphalt concrete per plans to lower the street cross section slopes for smoother vehicle ride. Proposed concrete curbs, gutters, driveways and sidewalks will be constructed along the east side of Soto Street as shown on the plans. (B) Soto Street at 26th Street southeast corner traffic signal relocation and modification. The existing traffic signal facilities located on the existing triangle concrete median at the southeast corner of Soto Street and 26th Street shall be relocated to a new triangle concrete median located at a slightly (7' southerly) different location and modify the traffic signal per plan and specifications. Remove and relocate or salvage or dispose the existing traffic signal poles, equipment, controller cabinet with soft ware as directed by the City and replace with necessary new pole, equipment, material, cabinet with soft ware per plan and specifications. (2) Additive Alternate Bid 'A "if Costs Permit (A) Westerly Soto Street south of 26th Street Pavement Improvements. Deteriorated existing pavement along west side of the Soto Street shall be uniformly cold plane 2 inches deep and overlay with 2 inches thick new asphalt concrete per plan. Existing manholes and valves shall be adjusted to finished grade. The contractor will place temporary striping of traffic lane lines immediately after the 2 inches overlay asphalt concrete paving of the streets. Final re -striping of traffic lane lines is part of the contract. (3) Additive Alternate Bid "B"if Costs Permit (A) Along 26th Street east of Soto Street (Station 35+25 to 40+50) Pavement Improvements. Deteriorated existing pavement along 26th Street east of Soto Street shall be uniformly cold recycled to 4 inches deep and repaved with 4 inches thick cold recycled reclaimed asphalt concrete per plan. Existing manholes and valves shall be adjusted to finished grade. The contractor will place temporary striping of traffic lane lines immediately after 4 inches recycled asphalt concrete base paving and again after the final 2" overlay asphalt concrete paving of the streets. Final re -striping of traffic lane lines is part of the contract. (4) Additive Alternate Bid 'V if Costs Permit (A) Along 261h Street east of Soto Street (Station 40+50 to 46+25) Pavement Improvements. Deteriorated existing pavement along 26th Street east of Soto Street shall be uniformly cold recycled to 4 inches deep and repaved with 4 inches thick cold recycled reclaimed asphalt concrete per plan. Existing manholes and valves shall be adjusted to finished grade. The contractor will place temporary striping of traffic lane lines immediately after 4 inches recycled asphalt concrete base paving and again after the final 2" overlay asphalt concrete paving of the streets. Final re -striping of traffic lane lines is part of the contract. In addition to the above work, the City of Vernon Light and Power Department will be relocating 8 power poles at the south east corner of 26th Street and Soto Street in order to accommodate the street widening. The relocation of the poles will commence prior to the "26th Street'Improvements" construction project beginning. OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 June 22, 2010 Gateway Cities Council of Governments Attn: Richard Powers, Executive Director 16401 Paramount Blvd. Paramount, CA 90727 Re: Cooperative Agreement for Phase II of the Truck Impacted Intersection Project Contract No. CS-0020 Dear Mr. Powers: Transmitted herewith are two partially executed original Cooperative Agreements approved by City Council on June 21, 2010, for Phase II of the Truck Impacted Intersection Project Contract No. CS-0020. Please ensure that a fully executed original agreement is returned to the attention of the undersigned. If you have any questions regarding this matter, please call Mr. Samuel Kevin Wilson, at (323) 583-8811 ext. 245. Very ly yours, WILLARD G. GU City Clerk WGY:dj Enclosures c: S. Kevin Wilson Resolution No. 2010-83 Agreement No. 10-041 E-iCcfusivefy Industrial Page 1 of 1 Juarez, Debbie From: Genny Cisneros [gcisneros@gatewaycog.org] Sent: Monday, July 19, 2010 2:01 PM To: Juarez, Debbie Subject: RE: Cooperative Agreement for Phase II of the Truck Impacted Intersection Project Contract No. CS-0020 - Status of Agreement Sent to Richard Powers . Hi Deborah: That agreement was sent via US mail last week, you should receive tomorrow. Genny Cisneros From: Juarez, Debbie[mailto:DJuarez@ci.vernon.ca.us] Sent: Monday, July 19, 2010 1:26 PM To: Genny Cisneros Subject: Cooperative Agreement for Phase II of the Truck Impacted Intersection Project Contract No. CS-0020 - Status of Agreement Sent to Richard Powers Hello. The above -referenced partially executed agreements were sent to your office for execution by Mr. Powers and Mr. Stefenhagen on June 22, 1010. Please let me know when we can expect to receive a fully executed original for our file. Thank you. 1ne6orah yuarez UZ�cords Wanagement Assistant City of Vernon - City Cferk's Office 4305 Santa Te Avenue Vernon, CA 90058 (323) 583-8811 7/19/2010 Wit 6, GATEWAY CITIES COUNCIL OF GOVERNMENTS DOCUMENT TRANSMITTAL DATE; July 14, 2010 TO: Mr. Willard G. Yamaguchi, City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 SUBJECT: Signed Phase 11 Truck Impacted Intersection Project Contract Enclosed is one fully executed contract for your files. Please contact me at (562) 663-6850, if you should have any questions or concerns. ❑ For your information ❑ Original document requiring your signature ❑ Per your request Fully executed contract for your files ❑ Please review and call ❑ Draft document for your comment ❑ Please sign and return one copy for our records ❑ Information for your review and signature By: Genny Cisneros Executive Assistant Enclosure COOPERATIVE AGREEMENT BETWEEN THE CITY OF VERNON AND THE GATEWAY CITIES COUNCIL OF GOVERNMENTS FOR PHASE II OF THE TRUCK IMPACTED INTERSECTION PROJECT THIS AGREEMENT entered into on June 21 , 2010 is between the Gateway Cities Council of Governments, a California joint powers authority referred to herein as "COG", located at 16401 Paramount Boulevard, Paramount, California 90727, and the City of Vernon, a California charter City and California municipal corporation referred to herein as "'CITY" located at 4305 Santa Fe Avenue, Vernon, CA. 90058 for Phase II of the Truck Impacted Intersection Project: RECITALS WHEREAS, intersections throughout the 26 Cities of the Gateway Cities area, a sub region of the Southern California Association of Governments planning area, experience significant truck -related impacts causing bottlenecks in the Gateway Cities area. The presence of a large proportion of heavy-duty trucks results in an average vehicle delay of 10 seconds per vehicle at intersections. Movement of goods to and from the ports of Long Beach and Los Angeles via rail and truck service is projected to increase in the short- and long-term future, and truck activity within the Gateway Cities sub region is expected to increase on area freeways and surface streets. By aiding the flow of truck traffic on the major arterials in the sub region, this project will contribute to the reduction of toxic diesel emissions identified in. the Multiple Air Toxic Exposure study conducted by the South Coast Air Quality Management District; and WHEREAS, Meyer Mohaddes Associates, Inc., prepared the Gateway Cities Truck Impacted Intersection Study Phase I & II, dated February 2000, evaluating truck impacts on intersections throughout the 26 Cities of the Gateway Cities area, and recommended appropriate mitigation measures. These measures included street right of way; signage and striping; and signal system improvements; and WHEREAS, the COG and CITY have identified the intersection of 261" Street and Soto Street in the City of Vernon for Phase II of the Truck Impacted Intersection Project, and a cost estimate for the design, construction, construction engineering and inspection of the intersection has been identified; and WHEREAS, the COG has secured the funding from the Los Angeles County Metropolitan Transportation Authority [MTA] for design, construction, construction engineering and inspection of the Phase II intersections; and Page 1 WHEREAS, the COG and CITY do mutually agree to transfer the design, construction, construction engineering and inspection responsibility to the CITY for the Vernon 26th Street/Soto Street intersection; terms and conditions under which the project shall be constructed follows: I. The PROJECT: a. Within the CITY, the PROJECT consists of the following approved scope of work for the 26th Street/Soto Street intersection: - Reconstruct one intersection approach in concrete - Reconstruct the curbs gutters, sidewalks, median island - Traffic signal relocation and modification - Power pole relocation - Signing and striping The approved scope of work is more particularly described in Exhibit A, attached hereto and incorporated herein by reference. b. The final cost estimate for the PROJECT is $1,150,000.00 as identified by the CITY. The CITY has up to $650,000.00 available from the COG, and $500,000.00 from the CITY's other funding sources for the design, construction, construction engineering, and inspection of the PROJECT. C. The COG shall pay 65% and the CITY shall pay 35% of the first $1,000,000 in PROJECT costs. d. The CITY shall be responsible for PROJECT costs exceeding $1,000,000. II. The COG shall: a. Serve as the overall project manager of the PROJECT. . b. Require that CITY provide written notice to the COG of any changes to the approved scope of work set forth in Exhibit A. c. Approve the CITY'S contractor selection, if any, for the construction engineering and inspection services for the PROJECT. Page 2 d. Approve any contractor payments to be made using funds from the COG, submit contractor invoices to appropriate agencies for reimbursement under local, state and federal funding guidelines, and reimburse the CITY for PROJECT invoices in accordance with the method of disbursement set forth in Exhibit B, attached hereto and incorporated herein by reference. III. The CITY shall: a. Bid plans, specifications, and estimates ("PS&E'� and construction for the PROJECT. b. Award the contract to the lowest responsible bidder. C. Provide and/or secure construction engineering and inspection services for the PROJECT. d. Hold PROJECT meetings with the COG and contractor at the COG's request. e. Invoice the COG, and submit any contractor invoices to be paid out of the COG funds to the=COG for reimbursement in accordance with Exhibit B. f. Provide as -built plans to the COG upon completion of the PROJECT. IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS; a. Any deviations to the approved scope of work set forth in Exhibit A shall be designed by the CITY and paid for by the CITY out of funds from sources other than the COG. b. Upon final acceptance of PROJECT by CITY, the contributions of the CITY and the COG for the PROJECT shall be adjusted to match the actual total cost of the PROJECT. The COG shall pay 65% and the CITY shall pay 35% of the first $1,000,000 of PROJECT costs. The CITY shall pay for PROJECT costs exceeding $1,000,000. C. This AGREEMENT may be terminated in writing by mutual consent of the parties hereto. d. This AGREEMENT shall terminate upon completion and acceptance of the PROJECT by CITY or on December 31, 2011, whichever is earlier in time; however, the ownership and maintenance clauses, if part of this AGREEMENT, shall remain in effect until terminated, in writing, by mutual agreement. Page 3 e. To the fullest extent permitted by law, COG and CITY shall save, indemnify, defend and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged, or threatened, actual attorney fees, court costs, interest, defense costs and expenses associated therewith including the use of experts, any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of the AGREEMENT, and attributable to the fault of the other. Following a determination of the percentage of fault and/or Liability by the agreement between the parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party to this AGREEMENT for the percentage of liability determined as set forth in this section. This provision shall not terminate or expire, shall be given the broadest possible interpretation, and shall survive the expiration or earlier termination of this AGREEMENT. f. All notices, bills, invoices, consents and other communications between the parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the following addresses: CITY: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Donal O'Callaghan COG: Gateway Cities Council of Governments 16401 Paramount Boulevard Paramount, California 90727 Attention: Richard Powers Mailed notices shall be deemed communicated as of the day of receipt. g. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this AGREEMENT, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. h. This AGREEMENT represents the entire integrated agreement between the CITY and the COG, and supersedes all prior negotiations, representations or agreements, either written or oral. This AGREEMENT may be amended only by a written instrument signed by both the CITY and the COG. i. The rights, obligations, duties and liabilities of the parties to this AGREEMENT and the interpretation of this AGREEMENT shall be governed by the domestic laws of the State of California, without regard to its laws regarding choice of applicable law. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the CITY. j. Whenever possible, each provision of this AGREEMENT shall be interpreted in such a manner as to be valid under applicable law. If any provision of this AGREEMENT is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired, or invalidated. k. This AGREEMENT may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. APPROVED: IN WITNESS WHEREOF, the parties have executed this COOPERATIVE AGREEMENT on , 2010. Executed at / -y� California, on W-1/n CITY OF VERNON: Mayor P ED TO FORM: La rence S. Wiener, City Attorney GATEWAY CIT COUNCIL OF GOVERNEMENTS: B �" ATTEST: 4-1, Gordon Stefenhagen, President Richard R. Powers, Secretary Dater Date: 7 fo Div i Page 4 EXHIBIT A EXHIBIT A SCOPE OF APPROVED WORK Project Description Contract No. CS-0020 (Federal Aid Project ID No. ESPL-S139 (011)) 26th Street Improvements project involves the following bids: (1) Base Bid , (2) Additive Alternate Bid "A "if costs permit (3) Additive Alternate Bid "B"if costs permit (4) Additive Alternate Bid "C'if costs permit (1) Base Bid (A) Various Streets Pavement Improvements. (a) 26th Street from Santa Fe Avenue to 1,400' east of Soto Street. (b) Harriett Street from north City boundary to 26th Street. (c) Soto Street from north City boundary to 700' south of 26th Street. A 6 feet wide header will be cut along all the existing edge of concrete gutters. Deteriorated existing pavement on 26th Street and Harriett Street will be treated for 4 inches deep asphalt pavement Cold Recycling as designated by the plans and specifications. The process of Cold Central Plant Recycling consist of uniform cold planning the existing deteriorated pavement to specified depth, transport them to a nearby Cold Central Plant lot and then crush and size the cold planed asphalt concrete material to conform with an approved mix design gradation. Then, the crushed and sized material shall be processed in a mixing unit with new emulsified recycling agent, water and additives, and blended to become a homogeneous mixture to produce recycled asphalt concrete which will be transported and placed back on the previously uniform cold planed street pavement surface within the same day. After curing of recycled asphalt concrete pavement, an overlay of 2-inch thick latex modified asphalt concrete will be installed on the streets per plans. All the utility valve covers will be adjusted to grade as part of the paving operations. All the manhole frames and covers within the project limits will be adjusted to grade after the final overlay paving. Existing locking type manhole frames and covers will be replaced with new non -locking type manhole frames and covers. The contractor will place temporary striping of traffic lane lines immediately after recycled asphalt concrete base paving and again after the final 2" overlay asphalt concrete paving of the streets. Final re - striping of traffic lane lines and replacement of damaged traffic loops are part of the contract. 14 feet widening along east side of the Soto Street in front of the JC Sale property (about 700 feet) shall be part of the improvements at the 26th Street and Soto Street intersection. Existing triangle concrete median located at the southeast corner of Soto and 26th Street shall be removed and reconstructed at a slightly different location. 26th Street west bound lane at Soto Street intersection approach shall be reconstructed with new concrete pavement to prevent from future rutting. Deteriorated existing pavement in the intersection and four approaches shall be cold planed from 4 to 6 inches deep and repaved with 4 to 5 inches thick new asphalt concrete per plans to lower the street cross section slopes for smoother vehicle ride. Proposed concrete curbs, gutters, driveways and sidewalks will be constructed along the east side of Soto Street as shown on the plans. (B) Soto Street at 26th Street southeast corner traffic signal relocation and modification. The existing traffic signal facilities located on the existing triangle concrete median at the southeast corner of Soto Street and 26th Street shall be relocated to a new triangle concrete median located at a slightly (7' southerly) different location and modify the traffic signal per plan and specifications. Remove and relocate or salvage or dispose the existing traffic signal poles, equipment, controller cabinet with soft ware as directed by the City and replace with necessary new pole, equipment, material, cabinet with soft ware per plan and specifications. (2) Additive Alternate Bid 'A "if Costs Permit (A) Westerly Soto Street south of 26th Street Pavement Improvements. Deteriorated existing pavement along west side of the Soto Street shall be uniformly cold plane 2 inches deep and overlay with 2 inches thick new asphalt concrete per plan. Existing manholes and valves shall be adjusted to finished grade. The contractor will place temporary striping of traffic lane lines immediately after then inches overlay asphalt concrete paving of the streets. Final re -striping of traffic lane lines is part of the contract. (3) Additive Alternate Bid "B"if Costs Permit (A) Along 26th Street east of Soto Street (Station 35+25 to 40+50) Pavement Improvements. Deteriorated existing pavement along 26th Street east of Soto Street shall be uniformly cold recycled to 4 inches deep and repaved with 4 inches thick cold recycled reclaimed asphalt concrete per plan. Existing manholes and valves shall be adjusted to finished grade. The contractor will place temporary striping of traffic lane lines immediately after 4 inches recycled asphalt concrete base paving and again after the final 2" overlay asphalt concrete paving of the streets. Final re -striping of traffic lane lines is part of the contract. (4) Additive Alternate Bid "C-if Costs Permit (A) Along 26th Street east of Soto Street (Station 40+50 to 46+25) Pavement Improvements. Deteriorated existing pavement along 26th Street east of Soto Street shall be uniformly cold recycled to 4 inches deep and repaved with 4 inches thick cold recycled reclaimed asphalt concrete per plan. Existing manholes and valves shall be adjusted to finished grade. The contractor will place temporary striping of traffic lane lines immediately after 4 inches recycled asphalt concrete base paving and again after the final 2" overlay asphalt concrete paving of the streets. Final re -striping of traffic lane lines is part of the contract. In addition to the above work, the City of Vernon Light and Power Department will be relocating 8 power poles at the south east corner of 26th Street and Soto Street in order to accommodate the street widening. The relocation of the poles will commence prior to the "26t" Street Improvements" construction project beginning. EXHIBIT B EXHIBIT B METHOD OF DISBURSEMENT CITY shall invoice the COG quarterly for reimbursements under this Agreement. Invoices shall include the period for which the work was provided and a description of work provided for that billing period. Each invoice shall include a copy of the contractors invoice, the City's approved progress payment form, and all other supporting documents required by the COG. Upon receipt of the CITY's invoice, the COG shall forward the invoice to the Los Angeles County Metropolitan Transit Authority ("MTA") for processing. The MTA shall disburse 65% of the invoice total, less 5% retention, and shall forward such disbursements to the COG. The COG shall forward the amounts disbursed by the MTA to the CITY as payment of the COG's portion of PROJECT costs for that billing period. Payments of each invoice shall be made by the COG within sixty (60) days following receipt of each invoice. If the COG disputes any of the CITY's fees, the COG shall give written notice to the CITY within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be withheld until resolution. RECEIVE JUN 1 6 2010 CITY CLERK'S OFFICE STAFF REPORT .. .... .... .... .... .... .... ..... .... REPORT. .... .... .... ... . .. ............. ............. .. ..... COMMUNITY SERVICES & WATER DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . DATE: June 16, 2010 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Request for approval of a Cooperative Agreement between the Gateway Cities Council of Governments (COG) and the City of Vernon for Phase 11 of the Truck Impacted Intersection Project Contract No. CS-0020 Enclosed herewith for your consideration is a Cooperative Agreement for funding under the Phase 11 of the Truck Impacted Intersection Project, between the Gateway Cities Council of Governments (COG) and the City of Vernon. The Agreement proposes to provide up to $650,000.00 in matching funds towards the City of Vernon's '26t' Street Improvements' project (Contract No. CS-0020). The project consists of cold in place recycling of existing deteriorated asphalt concrete pavement, repaving with 2" thick new asphalt concrete overlay on 26th Street and the southeast street corner widening including traffic signal relocation and modification at the intersection of 26t'' Street and Soto Street. The final engineer's cost estimate for this project is $1,150,000.00 which consists of $650;000.00 from the COG, and $500,000.00 from American Recovery and Reinvestment Act (ARRA) federal funds. Therefore, the City will have sufficient grant funds to fund this project and anticipates no cost to the City.. The City Attorney's office has.reviewed said agreement. it is recommended: that this Cooperative Agreement between the Gateway Cities. Council of Governments and the City of Vernon be approved. SKW7pcica Enclosure ti COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Donal O'Callaghan, City Administrator \� FROM; Samuel Kevin Wilson, Director of Community Services & Water � DATE: June 16, 2010 SUBJECT: Request for approval of a Cooperative Agreement between the:.Gateway Cities Council of Governments (COG) and the City of Vernon for Phase II of the Truck Impacted Intersection Project Contract No. CS-0020 Enclosed herewith is a Cooperative Agreement for funding under the Phase II of the Truck Impacted Intersection Project, between the Gateway Cities Council of Governments (COG) and the City of Vernon. The Agreement proposes to provide up to $650,000.0.0 in matching funds towards the City -of Vernon's `26`h Street Improvements' project (Contract No. CS-0020).. The project consists of cold in place recycling of existing deteriorated asphalt concrete pavement, repaving with 2" thick new asphalt concrete overlay. on 26t'' Street and the southeast street corner widening including traffic signal relocation and modification at the intersection of 26t' Street and Soto Street: The final engineer's cost estimate for this project is $1 150;000 00 which consists of $650. ,000,00 from the COG, and $500,000.00 from American Recovery and Reinvestment Act (ARRA) federal funds. Therefore, the City will have sufficient grant funds to fund this project and anticipates: no cost to the City. The City Attorney's office has reviewed and approved said agreement. Also enclosed is a Staff Report recommending that this Cooperative Agreement between the Gateway Cities Council of Governments and the City of Vernon be approved., Please place this item on the June 21, 2010 City Council agenda. Thank you. SKW/pe/ca Enclosures . s � � J\T JUN 1 6 2010 c3`Y COOPERATIVE AGREEMENT BETWEEN THE CITY OF VERNON AND THE GATEWAY CITIES COUNCIL OF GOVERNMENTS FOR PHASE II OF THE TRUCK IMPACTED INTERSECTION PROJECT THIS AGREEMENT entered into on , 2010 is between the Gateway Cities Council of Governments, a California joint powers authority referred to herein as "COG", located at 16401 Paramount Boulevard, Paramount, California 90727, and the City of Vernon, a California charter City and California municipal corporation referred to herein as "CITY" located at 4305 Santa Fe Avenue, Vernon, CA. 90058 for Phase II of the Truck Impacted Intersection Project: RECITALS WHEREAS, intersections throughout the 26 Cities of the Gateway Cities area, a sub region of the Southern California Association of Governments planning area, experience significant truck -related impacts causing bottlenecks in the Gateway Cities area. The presence of a large proportion of heavy-duty trucks results in an average vehicle delay of 10 seconds per vehicle at intersections. Movement of goods to and from the ports of Long Beach and Los Angeles via rail and truck service is projected to increase in the short- and long-term future, and truck activity within the Gateway Cities sub region is expected to increase on area freeways and surface streets. By aiding the flow of truck traffic on the major arterials in the sub region, this project will contribute to the reduction of toxic diesel emissions identified in the Multiple Air Toxic Exposure study conducted by the South Coast Air Quality Management District; and WHEREAS, Meyer Mohaddes Associates, Inc., prepared the Gateway Cities Truck Impacted Intersection Study Phase I & II, dated February 2000, evaluating truck impacts on intersections throughout the 26 Cities of the Gateway Cities area, and recommended appropriate mitigation measures. These measures included street right of way; signage and striping; and signal system improvements; and WHEREAS, the COG and CITY have identified the intersection of 26t" Street and Soto Street in the City of Vernon for Phase II of the Truck Impacted Intersection Project, and a cost estimate for the design, construction, construction engineering and inspection of the intersection has been identified; and WHEREAS, the COG has secured the funding from the Los Angeles County Metropolitan Transportation Authority [MTA] for design, construction, construction engineering and inspection of the Phase II intersections; and Page 1 WHEREAS, the COG and CITY do mutually agree to,transfer the design, construction, construction engineering and inspection responsibility to the CITY for the Vernon 26tn Street/Soto Street intersection; terms and conditions under which the project shall be constructed follows: I. The PROJECT: a. Within the CITY, the PROJECT consists of the following approved scope of work for the 26t" Street/Soto Street intersection: - Reconstruct one intersection approach in concrete - Reconstruct the curbs gutters, sidewalks, median island - Traffic signal relocation and' modification - Power pole relocation - Signing and striping The approved scope of work is more particularly described in Exhibit A, attached hereto and incorporated ,herein by reference. b. The final cost estimate for the PROJECT is $1,150,000.00 as identified by the CITY. The CITY has up to $650,000.00 available from the COG, and $500,000.00 from the CITY's other funding sources for the design, construction, construction engineering, and inspection of the PROJECT. C. The COG shall pay 65% and the CITY shall pay 35% of the first $1,000,000 in PROJECT costs. d. The CITY shall be responsible for PROJECT costs exceeding $1,000,000. II. The COG shall: a. Serve as the overall project manager of the PROJECT. . b. Require that CITY provide written notice to the COG of any changes to the approved scope of work set forth in Exhibit A. C. Approve the CITY'S contractor selection, if any, for the construction engineering and inspection services for the PROJECT. Page 2 d. Approve any contractor payments to be made using funds from the COG, submit contractor invoices to appropriate agencies for reimbursement under local, state and federal funding guidelines, and reimburse the CITY for PROJECT invoices in accordance with the method of disbursement set forth in Exhibit B, attached hereto and incorporated herein by reference. III. The CITY shall: a. Bid plans, specifications, and estimates ("PS&E'� and construction for the PROJECT. b. Award the contract to the lowest responsible bidder. C. Provide and/or secure construction engineering and inspection services for the PROJECT. d. Hold PROJECT meetings with the COG and contractor at the COG's request. e. Invoice the COG, and submit any contractor invoices to be paid out of the COG funds to the'COGfor reimbursement in accordance with Exhibit B. f: Provide as -built plans to the COG upon completion of the PROJECT. IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS; a. Any deviations to the approved scope of work set forth in Exhibit A shall be designed by the CITY and paid for by the CITY out of funds from sources other than the COG. b. Upon final acceptance of PROJECT by CITY, the contributions of the CITY and the COG for the PROJECT shall be adjusted to match the actual total cost of the PROJECT. The COG shall pay 65% and the CITY shall pay 35% of the first $1,000,000 of PROJECT costs. The CITY shall pay for PROJECT costs exceeding $1,000,000. C. This AGREEMENT may be terminated in writing by mutual consent of the parties hereto. d. This AGREEMENT shall terminate upon completion and acceptance of the PROJECT by CITY or on December 31, 2011, whichever is earlier in time; however, the ownership and maintenance clauses, if part of this AGREEMENT, shall remain in effect until terminated, in writing, by mutual agreement. Page 3 e. To the fullest extent permitted by law, COG and CITY shall save, indemnify, defend and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged; or threatened, actual attorney fees, court costs, interest, defense costs and expenses associated therewith including the use of experts, any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of the AGREEMENT, and attributable to the fault of the other. Following a determination of the percentage of fault and/or Liability by the agreement between the parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party to this AGREEMENT for the percentage of liability determined as set forth in this section. This provision shall not terminate or expire, shall be given the broadest possible interpretation, and shall survive the expiration or earlier termination of this AGREEMENT. f. All notices, bills, invoices, consents and other communications between the parties .shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the following addresses: CITY: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Donal O'Callaghan COG: Gateway Cities Council of Governments 16401 Paramount Boulevard Paramount, California 90727. Attention: Richard Powers Mailed notices shall be deemed communicated as of the day of receipt. g. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this AGREEMENT, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. h. This AGREEMENT represents the entire integrated agreement between the CITY and the COG, and supersedes all prior negotiations, representations or agreements, either written or oral. This AGREEMENT may be amended only by a written instrument signed by both the CITY and the COG. i. The rights, obligations, duties and liabilities of the parties to this AGREEMENT and the interpretation of this AGREEMENT shall be governed by the domestic laws of the State of California, without regard to its laws regarding choice of applicable law. Any Litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the CITY. j. Whenever possible, each provision of this AGREEMENT shall be interpreted in such a manner as to be valid under applicable law. If any provision of this AGREEMENT is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired, or invalidated. k. This AGREEMENT may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. APPROVED: IN WITNESS WHEREOF, the parties have executed this COOPERATIVE AGREEMENT on , 2010. Executed at California, on CITY OF VERNON: Mayor ATTEST: APPROVED AS TO FORM: Willard G. Yamaguchi, City Clerk Laurence S. Wiener, City Attorney GATEWAY CITIES COUNCIL OF GOVERNEMENTS: By: ATTEST: Gordon Stefenhagen, President Richard R. Powers, Secretary Date: Date: Page 4 EXHIBIT A SCOPE OF APPROVED WORK Project Description Contract No. CS-0020 (Federal Aid Project ID No. ESPL-5139 (011)) 26th Street Improvements project involves the following bids: (1) Base Bid (2) Additive Alternate Bid 'A "if costs permit (3) Additive Alternate Bid "B"if costs permit (4) Additive Alternate Bid "Cif costs permit (1) Base Bid (A) Various Streets Pavement Improvements. (a) 26th Street from Santa Fe Avenue to 1,400' east of Soto Street. (b) Harriett Street from north City boundary to 26th Street. (c) Soto Street from north City boundary to 700' south of 26th Street. A 6 feet wide header will be cut along all the existing edge of concrete gutters. Deteriorated existing pavement on 26th Street and Harriett Street will be treated for 4 inches deep asphalt pavement Cold Recycling as designated by the plans and specifications. The process of Cold Central Plant Recycling consist of uniform cold planning the existing deteriorated pavement to specified depth, transport them to a nearby Cold Central Plant lot and then crush and size the cold planed asphalt concrete material to conform with an approved mix design gradation. Then, the crushed and sized material shall be processed in a mixing unit with new emulsified recycling agent, water and additives, and blended to become a homogeneous mixture to produce recycled asphalt concrete which will be transported and placed back on the previously uniform cold planed street pavement surface within the same day. After curing of recycled asphalt concrete pavement, an overlay of 2-inch thick latex modified asphalt concrete will be installed on the streets per plans. All the utility valve covers will be adjusted to grade as part of the paving operations. All the manhole frames and covers within the project limits will be adjusted to grade after the final overlay paving. Existing locking type manhole frames and covers will be replaced with new non -locking type manhole frames and covers. The contractor will place temporary striping of traffic lane lines immediately after recycled asphalt concrete base paving and again after the final 2" overlay asphalt concrete paving of the streets. Final re - striping of traffic lane lines and replacement of damaged traffic loops are part of the contract. 14 feet widening along east side of the Soto Street in front of the IC Sale property (about 700 feet) shall be part of the improvements at the 26th Street and Soto Street intersection. Existing triangle concrete median located at the southeast corner of Soto and 26th Street shall be removed and reconstructed at a slightly different location. 26th Street west bound lane at Soto Street intersection approach shall be reconstructed with new concrete pavement to prevent from future rutting. Deteriorated existing pavement in the intersection and four approaches shall be cold planed from 4 to 6 inches deep and repaved with 4 to 5 inches thick new asphalt concrete per plans to lower the street cross section slopes for smoother vehicle ride. Proposed concrete curbs, gutters, driveways and sidewalks will be constructed along the east side of Soto Street as shown on the plans. (6) Soto Street at 26th Street southeast corner traffic signal relocation and modification. The existing traffic signal facilities located on the existing triangle concrete median at the southeast corner of Soto Street and 26t" Street shall be relocated to a new triangle concrete median located at a slightly (7' southerly) different location and modify the traffic signal per plan and specifications. Remove and relocate or salvage or dispose the existing traffic signal poles, equipment, controller cabinet with soft ware as directed by the City and replace with necessary new pole, equipment, material, cabinet with soft ware per plan and specifications. (2) Additive Alternate Bid 'A"if Costs Permit (A) Westerly Soto Street south of 26th Street Pavement Improvements. Deteriorated existing pavement along west side of the Soto Street shall be uniformly cold plane 2 inches deep and overlay with 2 inches thick new asphalt concrete per plan. Existing manholes and valves shall be adjusted to finished grade. The contractor will place temporary striping of traffic lane lines immediately after the 2 inches overlay asphalt concrete paving of the streets. Final re -striping of traffic lane lines is part of the contract. (3) Additive Alternate Bid "B"if Costs Permit (A) Along 26th Street east of Soto Street (Station 35+25 to 40+50) Pavement Improvements. Deteriorated existing pavement along 26t" Street east of Soto Street shall be uniformly cold recycled to 4 inches deep and repaved with 4 inches thick cold recycled reclaimed asphalt concrete per plan. Existing manholes and valves shall be adjusted to finished grade. The contractor will place temporary striping of traffic lane lines immediately after 4 inches recycled asphalt concrete base paving and again after the final 2`' overlay asphalt concrete paving of the streets. Final re -striping of traffic lane lines is part of the contract. (4) Additive Alternate Bid "C" if Costs Permit (A) Along 26th Street east of Soto Street (Station 40+50 to 46+25) Pavement Improvements. Deteriorated existing pavement along 26t" Street east of Soto Street shall be uniformly cold recycled to 4 inches deep and repaved with 4 inches thick cold recycled reclaimed asphalt concrete per plan. Existing manholes and valves shall be adjusted to finished grade. The contractor will place temporary striping of traffic lane lines immediately after 4 inches recycled asphalt concrete base paving and again after the final 2" overlay asphalt concrete paving of the streets. Final re -striping of traffic lane lines is part of the contract. In addition to the above work, the City of Vernon Light and Power Department will be relocating 8 power poles at the south east corner of 26th Street and Soto Street in order to accommodate the street widening. The relocation of the poles will commence prior to the ""26t" Street Improvements" construction project beginning. EXHIBIT B METHOD OF DISBURSEMENT CITY shall invoice the COG quarterly for reimbursements under this Agreement. Invoices shall include the period for which the work was provided and a description of work provided for that billing period. Each invoice shall include a copy of the contractors invoice, the City's approved progress payment form, and all other supporting documents required by the COG. Upon receipt of the CITY's invoice, the COG shall forward the invoice to the Los Angeles County Metropolitan Transit Authority ("MTA") for processing. The MTA shall disburse 65% of the invoice total, less 5% retention, and shall forward such disbursements to the COG. The COG shall forward the amounts disbursed by the MTA to the CITY as payment of the COG's portion of PROJECT costs for that billing period. Payments of each invoice shall be made by the COG within sixty (60) days following receipt of each invoice. If the COG disputes any of the CITY's fees, the COG shall give written notice to the CITY within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be withheld until resolution.