Resolution No. 2012-183 (2)RESOLUTION NO. 2012-183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE CITY'S PARTICIPATION IN THE
COUNTY -SPONSORED BRIDGE PREVENTATIVE MAINTENANCE
PROGRAM, APPROPRIATING $137,000 FROM GENERAL FUND
RESERVES TO COVER THE CITY'S LOCAL SHARE OF PROJECT
COSTS AND AUTHORIZING THE EXECUTION OF A FINANCIAL
AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE
LOS ANGELES.000NTY PUBLIC WORKS DEPARTMENT
WHEREAS, the City of Vernon ("City") owns several roadway
overpasses and roadway bridges spanning the Los Angeles River; and
WHEREAS, the bridges are inspected biannually by the Los
Angeles County Public Works Department ("County"); and
WHEREAS, the County identified three bridges have been found
to require minor non-structural repairs in order to extend the life of
the bridge structures; and
WHEREAS, the overall project design, construction and repair
costs are estimated to be approximately $1,140,000.00; and
WHEREAS, the City's share of said costs is estimated to be
approximately 11.47%, which includes, but is not limited to, the cost
of preliminary engineering, preparation of plans, specifications,
utility engineering, and all other necessary work prior to the award
of the construction contract; and
WHEREAS, the County has applied for and received grant
funding for bridge repairs through the Federal Highway Administration
("FHWA") under the Federal Bridge Preventative Maintenance Program;
and
WHEREAS, from this grant funding, the County has developed a
countywide Preventative Bridge Maintenance Program (the "Program") and
has offered participation in the program to local agencies; and
WHEREAS, the County seeks a commitment from the City that
the City will participate in the Program; and
WHEREAS, the Preventative Maintenance is a cost effective
means of implementing repairs; and
WHEREAS, the City's local share of the engineering design
and construction cost for bridge repairs under the County program.is
an amount riot to exceed $137,000.00; and
WHEREAS, the City was notified of the Program after the
FY 2012-2013 budget was adopted resulting in the Program not being
included in the Budget but has been included in the amended
FY 2012-2013 budget; and
WHEREAS, the County is also seeking the City's approval of a
Financial Agreement between the City and the County, to be provided by
the County once developed, for the preparation of plans,
specifications, environmental documents, as well as the construction
of repairs to the bridges; and
WHEREAS, by memorandum dated August 30, 2012., the Director
of Community Services has recommended the approval of the City's
participation in the Program, appropriating an amount not to exceed
$137,000.00 to cover the City's local share of the project and the
authorization to execute a Financial Agreement with the County.
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 therecitals contained hereinabove are true
and correct.
SECTION 2: The.City Council of the City of Vernon hereby'
approves the City's participation in the Preventative Bridge
- 2 -
Maintenance Program.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the appropriation of $137,000.00 from general fund reserves
in order to fund the City's local share of the engineering design and
construction costs for the proposed project.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator to execute a Financial Agreement
with the Los Angeles County Department of Public Works, for and on
behalf of, the City of Vernon, subject to the approval by the City
Attorney, and the Acting City Clerk, or Deputy City Clerk, is hereby
authorized to attest thereto.
SECTIONS: The City Council of the City of Vernon hereby
instructs 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 thisResolutionand the
transactions herein approved or authorized, including but not limited
to, any nonsubstantive changes to the Financial Agreement.
_3_
SECTION 6: The Acting City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this
resolution, and the Acting City Clerk of the City of Vernon shall
cause this resolution and the Acting City Clerk's certification to be
entered in the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 18th day of September, 2012.
1
Name: William J. Davis
Title: Mayor Pro -Tern
_9_
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Dana Reed, Acting City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2012-183,
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
Tuesday, September 18, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Te of the City of Vernon.
Executed this day of September, 2012, at Vernon, California.
(SEAL)
- 5 -
INS
City
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: September 24, 2012
TO: Kevin Wilson, Director of Community Services & Water
FROM: Ana Barcia, Deputy City Clerk(
RE: Resolution No. 2012-183 -- A Resolution of the City Council of the City of Vernon
Approving the City's Participation in the County -Sponsored Bridge Preventative
Maintenance Program, Appropriating $137,000 from General Fund Reserves to Cover the
City's Local Share of Project Costs and Authorizing the Execution of a Financial
Agreement by and between the City of Vernon and the Los Angeles County Public Works
Department
Transmitted herewith is a copy of Resolution No. 2012-183 referenced above, which was approved by City
Council on September 18, 2012.
Thank you.
ABJo
Attachment
Resolution No. 2012-183
Agreement No. 12-101
SUPPORTING DOCUMENTS
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
GAIL FARBER,; Dlreotor
February 26, 2014
Mr, Mark Whitworth
City Administrator
City of Vernon
4305 Santa Fe Avenue,
Vernon, CA 90058
Dear Mr. Whitworth:
"To Enrich Lives Through Effective and Caring Service"
900.SOUTH FREMONT AVENUE
ALHAMBRA. CALIFORNIA 91807-1371
Wephone:(626) 458.5 100
httP;//dpw.Iacounty.gov
RECEIVED
MAR 0 3 2014
CITY ADMINISTRATION
BRIDGE PREVENTIVE MAINTENANCE PROGRAM
PROPOSED CITY OF VERNON — COUNTY OF LOS ANGELES
COOPERATIVE AGREEMENT
ADDRESS ALL CORRESPONDENCE TO;:
P,O. BOX 1460
ALHAMBRA. CALIFORNIA 91802-1460.
IN REPLY PLEASE
REFERTO.FILE: D-3
Enclosed for your consideration are three originals of the proposed cooperative
agreement for the Bridge Preventive Maintenance Program, which includes various
bridges that are jurisdictionally owned by the City of Vernon, The proposed project will
consist of preventive maintenance work that will extend the service life of the bridges.
The proposed cooperative agreement has been prepared based on discussions
between our respective staffs. It provides for the County to perform the preliminary
engineering and administer the construction contract of the project with the City to
finance its jurisdictional share of the project cost. The total project cost is estimated to
be $1,249,000 with the City's share estimated to be $149,000 (see enclosed Total
Project Cost Estimate). Under the terms of the proposed cooperative agreement, the
City will finance its share by depositing $149,000 in cash with the County after the
agreement has been executed by the County. The City's actual share will be based
upon a final accounting after completion of the project.
The California Environmental Quality Act requires public agency decision makers to
document and consider environmental implications of their actions. Accordingly and
pursuant to Section 15301(c) of the California Environmental Quality Act gul'delines, we
found that this project is categorically exempt from the provisions of the act. If you
concur that this project is categorically exempt, please have your duly authorized City
officials make such finding. However, if your Council is unable to make this
environmental finding, Council action approving the enclosed agreement should be
deferred until the appropriate environmental finding can be made.
Mr. Mark Whitworth
February 26, 2014
Page 2
If this proposed cooperative agreement is satisfactory, please present it to your duly
authorized City officials for approval. Upon approval, please return the three originals of
the agreement to us for further action. After final approval by Public Works, we will
return a fully executed City original to you;,
It Is a pleasure to be of assistance to your City. This action is consistent with the
County's Strategic Plan Goal of Integrated Services Delivery (Goal 3) as it provides the
City with County assistance to fund and administer roadway improvements for the
benefit of the motoring public.
If you have any questions or require additional information, please contact Mr. David
Diotalevi at (626) 458-7802 or ddiotale.@dpw.lacounty.gov.
Very truly yours,
eAO
f FARBER
Director of Public Works
DSC:dc
P:\ddpub\Slructures\BPMPWgreemenls\Glendale\BPMP Glendale- Agmt Transmltlal Letter.doc
Enc.
cc: Supervisor Michael D. Antonovich (Edel Vizcarra)
THIS AGREEMENT, made and entered into by and between the CITY OF
VERNON, a municipal corporation in the County of Los Angeles (hereinafter referred to
as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the State of
California (hereinafter referred to as COUNTY):
WITNESSETH
WHEREAS, it is of general interest to CITY and COUNTY to extend the service
life of the Bandini Boulevard over Los Angeles River, Soto Street over Los Angeles
River, and 26th Street over Downey Road bridges; and
WHEREAS, CITY and COUNTY propose to perform one-time only preventive
maintenance work on the existing bridges listed above (which work is hereinafter
referred to as PROJECT); and
WHEREAS, PROJECT is within the geographical boundaries of CITY; and
WHEREAS, COUNTY is willing to perform or cause to be performed the
PRELIMINARY ENGINEERING, solicitation of construction bids and award of
construction contract, and CONTRACT ADMINISTRATION for PROJECT; and
WHEREAS, COUNTY is further willing to administer PROJECT under the
National Highway Performance Program and/or Surface Transportation Program; and
WHEREAS, COST OF PROJECT includes the costs of PRELIMINARY
ENGINEERING, COST OF CONSTRUCTION CONTRACT, and costs of
CONSTRUCTION ADMINISTRATION as more fully set forth herein; and
WHEREAS, COST OF PROJECT is currently estimated to be One Million Two
Hundred and Forty-nine Thousand and 00/100 Dollars ($1,249,000.00) with Federal
funding reimbursement estimated to be One Million One Hundred Thousand and 00/100
Dollars ($1,100,000.00); and
WHEREAS, CITY is willing to finance LOCAL SHARE OF COSTS, the
non -Federally reimbursable local agency portion of the COST OF PROJECT; and
WHEREAS, CITY is willing to finance LOCAL SHARE OF COSTS, currently
estimated to be One Hundred and Forty-nine Thousand and 00/100 Dollars
($149,000.00), by depositing One Hundred and Forty-nine Thousand and 00/100
Dollars ($149,000.00) in cash; and
WHEREAS, such a proposal is authorized and provided for by the provisions of
Sections 6500 and 23004, at seq., of the Government Code and Sections 1685 and
1803 of the California Streets and Highways Code.
Page 1 of 8
NOW, THEREFORE, in consideration of the mutual benefits to be derived by
CITY and COUNTY and of the promises herein contained, it is hereby agreed as.
follows:
1) DEFINITIONS:
a. JURISDICTION .as referred to in this AGREEMENT shall be defined as
the area within the geographical boundary of the CITY and the
unincorporated areas of the COUNTY.
b. PRELIMINARY ENGINEERING as referred to in this AGREEMENT shall
consist of environmental findings and approvals/permits; design survey;
soils report; traffic index and geometric investigation; preparation of plans,
specifications, and cost estimates; right-of-way engineering and
certification; utility engineering; and all other necessary work prior to
advertising of PROJECT for construction bids.
c. COST OF CONSTRUCTION CONTRACT as referred to in this
AGREEMENT shall consist of the total of payments to the construction
contractor(s) for PROJECT and the total of all payments to utility
companies or contractor(s) for the relocation of facilities necessary for the
construction of PROJECT.,
d. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT
shall consist of construction contract administration, construction
inspection, materials testing, construction survey, traffic detour, signing
and striping, construction engineering, utility relocation, changes and i
modifications of plans and specifications for PROJECT necessitated by
unforeseen or unforeseeable field conditions encountered during
construction of PROJECT, construction contingencies, and all other
necessary work after advertising of PROJECT for construction bids to
cause PROJECT to be constructed in accordance with said plans and
specifications approved by CITY and COUNTY.
e. COST OF PROJECT as referred to in this AGREEMENT shall consist of
the COST OF CONSTRUCTION CONTRACT and costs of
PRELIMINARY ENGINEERING, CONSTRUCTION ADMINISTRATION,
right-of-way certification, utility engineering, and all other work necessary
to complete PROJECT in accordance with the approved plans and
specifications and shall include currently effective percentages added to
total salaries, wages, and equipment costs to cover overhead,
administration, and depreciation in connection with any or all of the
aforementioned items.
Page 2 of 8
LOCAL SHARE OF COSTS as referred to in this AGREEMENT shall
consist of COST OF PROJECT less any reimbursement received by
COUNTY under the National Highway Performance Program and/or
Surface Transportation Program.
g. Completion of PROJECT as referred to in this AGREEMENT shall be
defined as the date of field acceptance of construction of PROJECT by
COUNTY and an electronic notification to CITY'S Director of Public
Works/City Engineer that the improvements within CITY'S JURISDICTION
are transferred to CITY for the purpose of operation and maintenance.
2) CITY AGREES:
a. To finance LOCAL SHARE OF COSTS, the actual amount of which is to
be determined by a final accounting, pursuant to paragraph (4) a., below.
b. To deposit with COUNTY, following execution of this AGREEMENT and
upon. demand by COUNTY, sufficient CITY funds to finance LOCAL
SHARE OF COSTS (hereinafter referred to as CITY'S PAYMENT),
currently estimated to be One Hundred and Forty-nine Thousand and
00/100 Dollars ($149,000.00). Said demand will consist of a billing invoice
prepared by COUNTY and delivered to CITY.
c. Upon request from COUNTY, to consent to COUNTY'S request for
jurisdiction of the Bandini Boulevard over Los Angeles River, Soto Street
over Los Angeles River, and 26th Street over Downey Road bridges, as
part of the County System of Highways for the limited purpose of
constructing PROJECT.
d. To grant to COUNTY, at no cost to COUNTY, permission to occupy
public roads in the CITY and any temporary right of way that CITY owns or
has an easement for that is necessary for the construction of PROJECT.
e. Upon approval of construction plans for PROJECT, to issue COUNTY a
no -fee permit(s) authorizing COUNTY to construct those portions of
PROJECT within CITYS JURISDICTION.
To appoint COUNTY as CITY'S attorney -in -fact for the purpose of
representing CITY in all negotiations pertaining to the advertisement of
PROJECT for construction bids, award, and administration of the
construction contract and in all things necessary and proper to complete
PROJECT.
To cooperate with COUNTY in conducting negotiations with and, where
appropriate, to issue notices to public utility organizations and owners of
substructure and overhead facilities regarding the relocation, removal,
Page 3 of 8
operation, and maintenance of all surface and underground utilities and
facilities, structures, and transportation services, which interfere with the
proposed construction. Where utilities have been installed in CITY streets
or on CITY property, CITY will provide the necessary right of way for the
relocation of those utilities and facilities that interfere with the construction
of PROJECT at no cost to COUNTY. CITY will take all necessary steps to
grant, transfer, or assign all prior rights over the utility companies and
owners of substructure and overhead facilities to COUNTY when
necessary to construct, complete, and maintain. PROJECT or to appoint
COUNTY as its attorney -in -fact to exercise such prior rights.
h. To be financially responsible for disposal and/or mitigation measures, if
necessary, should any hazardous materials, chemicals, or contaminants
be encountered during construction of PROJECT within CITY'S
JURISDICTION.
Upon completion of PROJECT to operate and maintain in good condition
and at CITY'S expense all improvements constructed as part of PROJECT
within CITY'S JURISDICTION.
3) COUNTY AGREES:
a. To perform or cause to be performed the PRELIMINARY ENGINEERING,
CONSTRUCTION ADMINISTRATION, right-of-way acquisition and
clearance matters, and all other work necessary to complete PROJECT.
b. To apply for National Highway Performance Program and/or Surface
Transportation Program funding to finance the Federally -reimbursable
portion of COST OF PROJECT.
c. To obtain CITY'S approval of plans for PROJECT prior to advertising for
construction bids.
d. To solicit PROJECT for construction bids, award and administer the
construction contract, do all things necessary and proper to complete
PROJECT, and act on behalf of CITY in all negotiations pertaining thereto.
e. To furnish CITY within one hundred eighty (180) calendar days after final
payment to contractor a final accounting of the actual COST OF
PROJECT, including an itemization of actual unit costs and actual
quantities for PROJECT.
4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The final accounting of the actual total COST OF PROJECT shall include
an itemization of unit costs, actual quantities and costs, and
Page 4 of 8
reimbursement received under the National Highway Performance
Program and/or Surface Transportation Program.
b. If CITY'S PAYMENT as set forth in paragraph (2).b above, is not delivered
to COUNTY office, which is described on the billing invoice prepared by
COUNTY, prior to award of PROJECT, COUNTY may delay the award of
PROJECT pending the receipt of CITY'S PAYMENT.
c. That if at final accounting LOCAL SHARE OF COSTS exceeds CITY'S
PAYMENT, as set forth in paragraphs (2) b above, CITY shall pay to
COUNTY the additional amount upon demand to COUNTY. Said demand
shall consist of a billing invoice prepared by COUNTY. Conversely, if the
required LOCAL SHARE OF COSTS is less than the sum of CITY'S
PAYMENT, COUNTY shall remit a refund to CITY within thirty (30) days of
the date COUNTY furnishes CITY with the final accounting.
d. That if CITY'S PAYMENT, as set forth in paragraph (4) b., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date of
said invoice, COUNTY is entitled to recover interest thereon beginning
sixty (60) calendar days from the date of the invoice at the rate of interest
specified in the General Services Agreement executed by the parties to
this AGREEMENT currently in effect.
e. That if CITY'S PAYMENT, as set forth in paragraph (4) b., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date of
said invoice, notwithstanding the provisions of Government Code,
Section 907, COUNTY may satisfy such indebtedness, including interest
thereon, from any funds of CITY on deposit with COUNTY, after giving
notice to CITY of COUNTY'S intention to do so.
f. CITY shall review the final accounting invoice prepared by COUNTY and
report in writing any discrepancies to COUNTY within sixty (60) calendar
days after the date of said invoice. Undisputed charges shall be paid by
CITY to COUNTY within sixty (60) calendar days after the date of said
invoice. COUNTY shall review all disputed charges and submit a written
justification detailing the basis for those charges within sixty (60) calendar
days of receipt of CITY'S written report. CITY shall then make payment of
the previously disputed charges or submit justification for nonpayment
within sixty (60) calendar days after the date of COUNTY'S written
justification.
g. COUNTY at any time may, at its sole discretion, designate an alternative
payment mailing address and an alternative schedule for payment of CITY
funds, if applicable. CITY shall be notified of such changes by invoice.
Page 5 of 8
h. During construction of PROJECT, COUNTY shall furnish an inspector or
other representative to perform the functions of an inspector. CITY may
also furnish, at no cost to COUNTY, an inspector or other representative
to inspect construction of PROJECT. Said inspectors shall cooperate and
consult with each other, but the orders of COUNTY inspector to the
contractors or any other person in charge of construction shall prevail and
be final.
This AGREEMENT may be amended or modified only by mutual written
consent of CITY and COUNTY. Amendments and modification of a
nonmaterial nature may be made by the mutual written consent of the
parties' Directors of Public Works or their delegates.
Any correspondence, communication, or contact concerning this
AGREEMENT shall be directed to the following:
CITY: Mr. Mark Whitworth
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058-1714
COUNTY: Ms. Gail Farber
Director of Public Works
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
k. Other than as provided below, neither COUNTY nor any officer or
employee of COUNTY shall be responsible for any damage or liability
occurring by reason of any acts or omissions on the part of CITY under or
in connection with any work, authority, or jurisdiction delegated to or
determined to be the responsibility of CITY under this AGREEMENT. It is
also understood and agreed that, pursuant to Government Code
Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY
harmless from any liability imposed for injury (as defined by
Government Code Section 810.8) occurring by reason of any acts or
omissions on the part of CITY under or in connection with any work,
authority, or jurisdiction delegated to or determined to be the responsibility
of CITY under this AGREEMENT.
Neither COUNTY nor any officer or employee of COUNTY shall be
responsible, directly or indirectly, for damage or liability arising from or
attributable to the presence or alleged presence, transport, arrangement,
Page 6 of 8
or release of any hazardous materials, chemicals, or contaminants
present at or stemming from the PROJECT within the CITY'S
JURISDICTION or arising from acts or omissions on the part of the CITY
under or in connection with any work, authority, or jurisdiction delegated to
or determined to be the responsibility of the CITY under this
AGREEMENT, including liability under the Comprehensive Environmental,
Response, Compensation and Liability Act of 1980 (CERCLA) and under
the California Health and Safety Code. It is understood and agreed
pursuant to Government Code Section 895.4, CITY shall fully indemnify,
defend, and hold COUNTY harmless from any such damage, liability or
claim. In addition to being an agreement enforceable under the laws of
the State of California, the foregoing indemnity is intended by the parties
to be an agreement pursuant to 42 U.S.C. Section 9607(e), Section
107(e), of the amended CERCLA, and California Health and Safety Code
Section 25364.
m. In contemplation of the provisions of Section 895.2 of the Government
Code of the State of California imposing certain tort liability jointly upon
public entities solely by reason of such entities being parties to an
agreement (as defined in Section 895 of said Code), each of the parties
hereto, pursuant to the authorization contained in Sections 895.4 and
895.6 of said Code, will assume the full liability imposed upon it or any of
its officers, agents, or employees by law for injury caused by any act or
omission occurring in the performance of this AGREEMENT to the same
extent that such liability would be imposed in the absence of Section 895.2
of said Code. To achieve the above -stated purpose, each of the parties
indemnifies and holds harmless the other party for any liability, cost, or
expense that may be imposed upon such other party solely by virtue of
Section 895.2. The provisions of Section 2778 of the California Civil Code
are made a part hereof as if incorporated herein.
n. The provisions of this AGREEMENT shall supersede and control over any
provisions inconsistent herewith in the Assumption of Liability Agreement
No. 32085 between CITY and COUNTY, adopted by the Board of
Supervisors on December 27, 1977, and currently in effect.
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed by their respective officers, duly authorized, by the CITY OF VERNON on
, 2014, and by the COUNTY OF LOS ANGELES on
, 2014.
APPROVED AS TO FORM:
JOHN F. KRATTLI
County Counsel
0
Deputy
COUNTY OF LOS ANGELES
By
Director of Public Works
CITY OF VERNON
By
Mayor
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
City Attorney
P:\ddpub\Structures\BPMP\Agreemenls\Vernon\BPMP Vernon - Coop Agreement.doc
Page 8 of 8
AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
VERNON, a municipal corporation in the County of Los Angeles (hereinafter referred to
as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the State of
California (hereinafter referred to as COUNTY):
WITNESSETH
WHEREAS, it is of general interest to CITY and COUNTY to extend the service
life of the Bandini Boulevard over Los Angeles River, Soto Street over Los Angeles
River, and 26th Street over Downey Road bridges; and
WHEREAS, CITY and COUNTY propose to perform one-time only preventive
maintenance work on the existing bridges fisted above (which work is hereinafter
referred to as PROJECT); and
WHEREAS, PROJECT is within the geographical boundaries of CITY; and
WHEREAS, COUNTY is willing to perform or cause to be performed the
PRELIMINARY ENGINEERING, solicitation of construction bids and award of
construction contract, and CONTRACT ADMINISTRATION for PROJECT; and
WHEREAS, COUNTY is further willing to administer PROJECT under the
National Highway Performance Program and/or Surface Transportation Program; and
WHEREAS, COST OF PROJECT includes the costs of PRELIMINARY
ENGINEERING, COST OF CONSTRUCTION CONTRACT, and costs of
CONSTRUCTION ADMINISTRATION as more fully set forth herein; and
WHEREAS, COST OF PROJECT is currently estimated to.be One Million Two
Hundred and Forty-nine Thousand and 00/100 Dollars ($1,249,000.00) with Federal
funding reimbursement estimated to be One Million One Hundred Thousand and 00/100
Dollars ($1,100,000.00); and
WHEREAS, CITY is willing to finance LOCAL SHARE OF COSTS, the
non -Federally reimbursable local agency portion of the COST OF PROJECT; and
WHEREAS, CITY is willing to finance LOCAL SHARE OF COSTS, currently
estimated to be One Hundred and Forty-nine Thousand and 00/100 Dollars
($149,000.00), by depositing One Hundred and Forty-nine Thousand and 00/100
Dollars ($149,000.00) in cash; and
WHEREAS, such a proposal is authorized and provided for by the provisions of
Sections 6500 and 23004, et seq., of the Government Code and Sections 1685 and
1803 of the California Streets and Highways Code.
Page 1 of 8
NOW, THEREFORE, in .consideration of the mutual benefits to be derived by
CITY and COUNTY and of the promises herein contained, it is hereby agreed as
follows:
1) DEFINITIONS:
a. JURISDICTION as referred to in this AGREEMENT shall be defined as
the area within the geographical boundary of the CITY and the
unincorporated areas of the COUNTY.
b. PRELIMINARY ENGINEERING as referred to in this AGREEMENT shall
consist of environmental findings and approvals/permits; design survey;
soils report; traffic index and geometric investigation; preparation of plans,
specifications, and cost estimates; right-of-way engineering and
certification; utility engineering; and all other necessary work prior to
advertising of PROJECT for construction bids:
c. COST OF CONSTRUCTION CONTRACT as referred to in this
AGREEMENT shall consist of the. total of payments to the construction
contractor(s) for PROJECT and the total of all payments, to utility
companies or contractor(s) for the relocation of facilities necessary for the
construction of PROJECT.
d. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT
shall consist of construction contract administration, construction
inspection, materials testing, construction survey, traffic detour, signing
and striping, construction engineering, utility relocation, changes and
modifications of plans and specifications for PROJECT necessitated by
unforeseen or unforeseeable field conditions encountered during
construction of PROJECT, construction contingencies, and all other
necessary work after advertising of PROJECT for construction bids to
cause PROJECT to be constructed in accordance with said plans and
specifications approved by CITY and COUNTY.
COST OF PROJECT as referred to in this AGREEMENT shall consist of
the COST OF CONSTRUCTION CONTRACT and costs of
PRELIMINARY ENGINEERING, CONSTRUCTION ADMINISTRATION,
right-of-way certification, utility engineering, and all other work necessary
to complete PROJECT in accordance with .the approved plans and
specifications and shall include currently effective percentages added to
total salaries, wages, and equipment costs to cover overhead,
administration, and depreciation in connection with any or all of the
aforementioned items.
Page 2 of 8
2)
f. LOCAL SHARE OF COSTS as referred to in this AGREEMENT shall
consist of COST OF PROJECT less any reimbursement received by
COUNTY under the National Highway Performance Program and/or
Surface Transportation Program.
g. Completion of PROJECT as referred to in this AGREEMENT shall be
defined as the date of field acceptance of construction of PROJECT by
COUNTY and an electronic notification to CITY'S Director of Public
Works/City Engineer that the improvements within CITY'S JURISDICTION
are transferred to. CITY for the purpose of operation and maintenance.
CITY AGREES:
a. To finance LOCAL SHARE OF COSTS, the actual amount of which is to
be determined by a final accounting, pursuant to paragraph (4) a., below.
To deposit with COUNTY, following execution of this AGREEMENT and
upon demand by COUNTY, sufficient CITY funds to finance LOCAL
SHARE OF COSTS (hereinafter referred to as CITY'S PAYMENT),
currently estimated to be One Hundred and Forty-nine Thousand and
00/100 Dollars ($149,000.00). Said demand will consist of a billing invoice
prepared by COUNTY and delivered to CITY.
c. Upon request from COUNTY, to consent to COUNTY'S request for
jurisdiction of the Bandini Boulevard over Los Angeles River, Soto Street
over Los Angeles River, and 26th Street over Downey Road bridges, as
part of the County System of Highways for the limited purpose of
constructing PROJECT.
d. To grant to COUNTY, at no cost to COUNTY, permission to occupy
public roads in the CITY and any temporary right of way that CITY owns or
has an easement for that is necessary for the construction of PROJECT.
e. Upon approval of construction plans for PROJECT, to issue COUNTY a
no -fee permit(s) authorizing COUNTY to construct those portions of
PROJECT within CITY'S JURISDICTION.
To appoint COUNTY as CITY'S attorney -in -fact for the purpose of
representing CITY in all negotiations pertaining to the advertisement of
PROJECT for construction bids, award, and administration of the
construction contract and in all things necessary and proper to complete
PROJECT.
g. To cooperate with COUNTY in conducting negotiations with and, where
appropriate, to issue notices to public utility organizations and owners of
substructure and overhead facilities regarding the relocation, removal,
Page 3 of 8
operation, and maintenance of all surface and underground utilities and
facilities, structures, and transportation services, which interfere with the
proposed construction. Where utilities have been installed in CITY streets
or on CITY property, CITY will provide the necessary right of way for the
relocation of those utilities and facilities that interfere with the construction
of PROJECT at no cost to COUNTY. CITY will take all necessary steps to
grant, transfer, or assign all prior rights over the utility companies and
owners of substructure and overhead facilities to COUNTY when
necessary to construct, complete, and maintain PROJECT or to appoint
COUNTY as its attorney -in -fact to exercise such prior rights.
h. To be financially responsible for disposal and/or mitigation measures, if
necessary, should any hazardous materials, chemicals, or contaminants
be encountered during construction of PROJECT within CITY'S
JURISDICTION.
i. Upon completion of PROJECT to operate and maintain in good condition
and at CITY'S expense all improvements constructed as part of PROJECT
within CITY'S JURISDICTION.
3) COUNTY AGREES:
a. To perform or cause to be performed the PRELIMINARY ENGINEERING,
CONSTRUCTION ADMINISTRATION, right-of-way acquisition and
clearance matters, and all other work necessary to complete PROJECT.
b. To apply for National Highway Performance Program and/or Surface
Transportation Program funding to finance the Federally -reimbursable
portion of COST OF PROJECT.
c. To obtain CITY'S approval of plans for PROJECT prior to advertising for
construction bids.
d. To solicit PROJECT for construction bids, award and administer the
construction contract, do all things necessary and proper to complete
PROJECT, and act on behalf of CITY in all negotiations pertaining thereto.
e. To furnish CITY within one hundred eighty (180) calendar days after final
payment to contractor a final accounting of the actual COST OF
PROJECT, including an itemization of actual unit costs and actual
quantities for PROJECT.
4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The final accounting of the actual total COST OF PROJECT shall include
an itemization of unit costs, actual quantities and costs, and
Page 4 of 8
reimbursement received under the National Highway Performance
Program and/or Surface Transportation Program.
b. If CITY'S PAYMENT as set forth in paragraph (2) b above, is not delivered
to COUNTY office, which is described on the billing invoice prepared by
COUNTY, prior to award of PROJECT, COUNTY may delay the award of
PROJECT pending the receipt of CITY'S PAYMENT.
c. That if at final accounting LOCAL SHARE OF COSTS exceeds CITY'S
PAYMENT, as set forth in paragraphs (2) b above, CITY shall pay to
COUNTY the additional amount upon demand to COUNTY. Said demand
shall consist of a billing invoice prepared by COUNTY. Conversely, if the
required LOCAL SHARE OF COSTS is less than the sum of CITY'S
PAYMENT, COUNTY shall remit a refund to CITY within thirty (30) days of
the date COUNTY furnishes CITY with the final accounting.
d. That if CITY'S PAYMENT, as set forth in paragraph (4) b., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date of
said invoice, COUNTY is entitled to recover interest thereon beginning
sixty (60) calendar days from the date of the invoice at the rate of interest
specified in the General Services Agreement executed by the parties to
this AGREEMENT currently in effect.
e. That if CITY'S PAYMENT, as set forth in paragraph (4) b., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date of
said invoice, notwithstanding the provisions of Government Code,
Section 907, COUNTY may satisfy such indebtedness, including interest
thereon, from any funds of CITY on deposit with COUNTY, after giving
notice to CITY of COUNTY'S intention to do so.
f. CITY shall review the final accounting invoice prepared by COUNTY and
report in writing any discrepancies to COUNTY within sixty (60) calendar
days after the date of said invoice. Undisputed charges shall be paid by
CITY to COUNTY within sixty (60) calendar days after the date of said
invoice. COUNTY shall review all disputed charges and submit a written
justification detailing the basis for those charges within sixty (60) calendar
days of receipt of CITY'S written report. CITY shall then make payment of
the previously disputed charges or submit justification for nonpayment
within sixty (60) calendar days after the date of COUNTY'S written
justification.
g. COUNTY at any time may, at its sole discretion, designate an alternative
payment mailing address and an alternative schedule for payment of CITY
funds, if applicable. CITY shall be notified of such changes by invoice.
Page 5 of 8
h. During construction of PROJECT, COUNTY shall furnish an inspector or
other representative to perform the functions of an inspector. CITY may
also furnish, at no cost to COUNTY, an inspector or other representative.
to inspect construction of PROJECT. Said inspectors shall cooperate and
consult with each other, but the orders of COUNTY inspector to the
contractors or any other person in charge of construction shall prevail and
be final.
i. This AGREEMENT may be amended or modified only by mutual written
consent of CITY and COUNTY. Amendments and modification of a
nonmaterial nature may be made by the mutual written consent of the
parties' Directors of Public Works or their delegates.
j. Any correspondence, communication, . or contact concerning this
AGREEMENT shall be directed to the following:
CITY: Mr. Mark Whitworth
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058-1714
COUNTY: Ms. Gail Farber
Director of Public Works
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
k. Other than as provided below, neither COUNTY nor any .officer or
employee of COUNTY shall be responsible for any damage or liability
occurring by reason of any acts or omissions on the part of CITY under or
in connection with any work, authority, or jurisdiction delegated to or
determined to be the responsibility of CITY under this AGREEMENT. It is
also understood and agreed that, pursuant to Government Code
Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY
harmless from any liability imposed for injury (as defined by
Government Code Section 810.8) occurring by reason of any acts or
omissions on the part of CITY under or in connection with any work,
authority, or jurisdiction delegated to or determined to be the responsibility
of CITY under this AGREEMENT.
I. Neither COUNTY nor any officer or employee of COUNTY shall be
responsible, directly or indirectly, for damage or liability arising from or
attributable to the presence or alleged presence, transport, arrangement,
Page 6 of 8
or release of any hazardous materials, chemicals, or contaminants
present at or stemming from the PROJECT within the CITYS
JURISDICTION or arising from acts or omissions on the part of the CITY
under or in connection with any work, authority, or jurisdiction delegated to
or determined to be the responsibility of the CITY under this
AGREEMENT, including liability under the Comprehensive Environmental,
Response, Compensation and Liability Act of 1980 (CERCLA) and under
the California Health and Safety Code. It is understood and agreed
pursuant to Government Code Section 895.4, CITY shall fully indemnify,
defend, and hold COUNTY harmless from any such damage, liability or
claim. In addition to being an agreement enforceable under the laws of
the State of California, the foregoing indemnity is intended by the parties
to be an agreement pursuant to 42 U.S.C. Section 9607(e), Section
107(e), of the amended CERCLA, and California Health and Safety Code
Section 25364.
m. In contemplation of the provisions of Section 895.2 of the Government
Code of the State of California imposing certain tort liability jointly upon
public entities solely by reason of such entities being parties to an
agreement (as defined in Section 895 of said Code), each of the parties
hereto, pursuant to the authorization contained in Sections 895.4 and
895.6 of said Code, will assume the full liability imposed upon it or any of
its officers, agents, or employees by law for injury caused by any act or
omission occurring in the performance of this AGREEMENT to the same
extent that such liability would be imposed in the absence of Section 895.2
of said Code: To achieve the above -stated purpose, each of the parties
indemnifies and holds harmless the other party for any liability, cost, or
expense that may be imposed upon such other party solely by virtue of
Section 895.2. The provisions of Section 2778 of the California Civil Code
are made a part hereof as if incorporated herein.
n. The provisions of this AGREEMENT shall supersede and control over any
provisions inconsistent herewith in the Assumption of Liability Agreement
No. 32085 between CITY and COUNTY, adopted by the Board of
Supervisors on December 27, 1977, and currently in effect.
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed by their respective officers, duly authorized, by the CITY OF VERNON on
2014, and by the COUNTY OF LOS ANGELES on
.2014.
APPROVED AS TO FORM:
JOHN F. KRATTLI
County Counsel
m
Deputy
COUNTY OF LOS ANGELES
By
Director of Public Works
CITY OF VERNON
By
Mayor
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
P:Wdpub\Structures\BPMP\Agreements\Vernon\BPMP Vemon -Coop Agreement.eoc
Page 8 of 8
AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
VERNON, a municipal corporation in the County of Los Angeles (hereinafter referred to
as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the State of
California (hereinafter referred to as COUNTY):
WHEREAS, it is of general interest to CITY and COUNTY to extend the service
life of the Bandini Boulevard over Los Angeles River, Soto Street over Los Angeles
River, and 26th Street over Downey Road bridges; and
WHEREAS, CITY and COUNTY propose to perform one-time only preventive
maintenance work on the existing bridges listed above (which work is hereinafter
referred to as PROJECT); and
WHEREAS, PROJECT is within the geographical boundaries of CITY; and
WHEREAS, COUNTY is willing to perform or cause to be performed the
PRELIMINARY ENGINEERING, solicitation of construction bids and award of
construction contract, and CONTRACT ADMINISTRATION for PROJECT; and
WHEREAS, COUNTY is further willing to administer PROJECT under the
National Highway Performance Program and/or Surface Transportation Program; and
WHEREAS, COST OF PROJECT includes the costs of PRELIMINARY
ENGINEERING, COST OF CONSTRUCTION CONTRACT, and costs of
CONSTRUCTION ADMINISTRATION as more fully set forth herein; and
WHEREAS, COST OF PROJECT is currently estimated to be One Million Two
Hundred and Forty-nine Thousand and 00/100 Dollars ($1,249,000.00) with Federal
funding reimbursement estimated to be One Million One Hundred Thousand and 00/100
Dollars ($1,100,000.00); and
WHEREAS, CITY is willing to finance LOCAL SHARE. OF COSTS, the
non -Federally reimbursable local agency portion of the COST OF PROJECT; and
WHEREAS,. CITY is willing to finance LOCAL SHARE OF COSTS, currently
estimated to be One Hundred . and Forty-nine Thousand and 00/100 Dollars
($149,000.00), by depositing One Hundred and Forty-nine Thousand and 00/100
Dollars ($149,000.00) in cash; and
WHEREAS, such a proposal is authorized and provided for by the provisions of
Sections 6500 and 23004, et seq., of the Government Code and Sections 1685 and
1803 of the California Streets and Highways Code.
Page 1 of 8
NOW, THEREFORE, in consideration of the mutual benefits to be derived by
CITY and COUNTY and of the promises herein contained, it is hereby agreed as
follows:
1) DEFINITIONS:
JURISDICTION as referred to in this AGREEMENT shall be defined as
the area within the geographical boundary of the CITY and the
unincorporated areas of the COUNTY.
b. PRELIMINARY ENGINEERING as referred to in this AGREEMENT shall
consist of environmental -findings and approvals/permits; design survey;
soils report; traffic index and geometric investigation; preparation of plans,
specifications, and cost estimates; right-of-way engineering and
certification; utility engineering; and all other necessary work prior to
advertising of PROJECT for construction bids.
c. COST OF CONSTRUCTION CONTRACT as referred to in this
AGREEMENT shall consist of the total of payments to the construction
contractor(s) for PROJECT and the total of all payments to utility
companies or contractor(s) for the relocation of facilities necessary for the
construction of PROJECT.
d. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT
shall consist of construction contract administration, construction
inspection, materials testing, construction survey, traffic detour, signing
and striping, construction engineering, utility relocation, changes and
modifications of plans and specifications for PROJECT necessitated by
unforeseen or unforeseeable field conditions encountered during
construction of PROJECT, construction contingencies, and all other
necessary work after advertising of PROJECT for construction bids to
cause PROJECT to be constructed in accordance with said plans and
specifications approved by CITY and COUNTY.
e. COST OF PROJECT as referred to in this AGREEMENT shall consist of
the COST OF CONSTRUCTION CONTRACT and costs of
PRELIMINARY ENGINEERING, CONSTRUCTION ADMINISTRATION,
right-of-way certification, utility engineering, and all other work necessary
to complete PROJECT in accordance with the approved plans and
specifications and shall include currently effective percentages added to
total salaries, wages, and equipment costs to cover overhead,
administration, and depreciation in connection with any or all of the
aforementioned items.
Page 2 of 8
f. LOCAL SHARE OF COSTS as referred to in this AGREEMENT shall
consist of COST OF PROJECT less any reimbursement received by
COUNTY under the National Highway Performance Program and/or
Surface Transportation Program.
g. Completion of PROJECT as referred to in this AGREEMENT shall be
defined as the date of field acceptance of construction. of PROJECT by
COUNTY and an electronic notification to CITY'S Director of Public
Works/City Engineer that the improvements within CITY'S JURISDICTION.
are transferred to CITY for the purpose of operation and maintenance.
2) CITY AGREES:
a. To finance LOCAL SHARE OF COSTS, the actual amount of which is to
be determined by a final accounting, pursuant to paragraph (4) a., below.
b. To deposit with COUNTY, following execution of this AGREEMENT and
upon demand by COUNTY, sufficient CITY funds to finance LOCAL
SHARE OF COSTS (hereinafter referred to as CITY'S PAYMENT),
currently estimated to be One Hundred and Forty-nine Thousand and
00/100 Dollars ($149,000.00). Said demand will consist of a billing invoice
prepared by COUNTY and delivered to CITY.
c. Upon request from COUNTY, to consent to COUNTY'S request for
jurisdiction of the Bandini Boulevard over Los Angeles River, Soto Street
over Los Angeles River, and 26th Street over Downey Road bridges, as
part of the County System of Highways for the limited purpose of
constructing PROJECT.
d. To grant to COUNTY, at no cost to COUNTY, permission to occupy
public roads in the CITY and any temporary right of way that CITY owns or
has an easement for that is necessary for the construction of PROJECT.
e. Upon approval of construction plans for PROJECT, to issue COUNTY a
no -fee permit(s) authorizing COUNTY to construct those portions of
PROJECT within CITY'S JURISDICTION.
f. To appoint COUNTY as CITY'S attorney -in -fact for the purpose of
representing CITY in all negotiations pertaining to the advertisement of
PROJECT for construction bids, award, and administration of the
construction contract and in all things necessary and proper to complete
PROJECT.
g. To cooperate with COUNTY in conducting negotiations with and, where
appropriate, to issue notices to public utility organizations and owners of
substructure and overhead facilities regarding the relocation, removal,
Page 3 of 8
operation, and maintenance of all surface and underground utilities and
facilities, structures, and transportation services, which interfere with the
proposed construction. Where utilities have been installed in CITY streets
or on CITY property, CITY will provide the necessary right of way for the
relocation of those utilities and facilities that interfere with the construction
of PROJECT at no cost to COUNTY. CITY will take all necessary steps to
grant, transfer, or assign all prior rights over the utility companies and
owners of substructure and overhead facilities to COUNTY when
necessary to construct, complete, and maintain PROJECT or to appoint
COUNTY as its attorney -in -fact to exercise such prior rights.
h. To be financially responsible for disposal and/or mitigation measures, if
necessary, should any hazardous materials, chemicals, or contaminants
be encountered during construction of PROJECT within CITY'S
JURISDICTION.
Upon completion of PROJECT to operate and maintain in good condition
and at CITY'S expense all improvements constructed as part of PROJECT
within CITY'S JURISDICTION.
3) COUNTY AGREES:
a. To perform or cause to be performed the PRELIMINARY ENGINEERING,
CONSTRUCTION ADMINISTRATION, right-of-way acquisition and
clearance matters, and all other work necessary to complete PROJECT.
b. To apply for National Highway Performance Program and/or Surface
Transportation Program funding to finance the Federally -reimbursable
portion of COST OF PROJECT.
c. To obtain CITY'S approval of plans for PROJECT prior to advertising for
construction bids.
d. To solicit PROJECT for construction bids, award and administer the
construction contract, do ail things necessary and proper to complete
PROJECT, and act on behalf of CITY in all negotiations pertaining thereto.
e. To furnish CITY within one hundred eighty (180) calendar days after final
payment to contractor a final accounting of the actual COST OF
PROJECT, including an itemization .of actual unit costs and actual
quantities for PROJECT.
4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The final accounting of the actual total COST OF PROJECT shall include
an itemization of unit costs, actual quantities and costs, and
Page 4 of 8
reimbursement received under the National Highway Performance
Program and/or Surface Transportation Program.
b. If CITY'S PAYMENT as set forth in paragraph (2) b above, is not delivered
to COUNTY office, which is described on the billing invoice prepared by
COUNTY, prior to award of PROJECT, COUNTY may delay the award of
PROJECT pending the receipt of CITY'S PAYMENT.
c. That if at final accounting LOCAL SHARE OF COSTS exceeds CITY'S
PAYMENT, as set forth in paragraphs (2) b above, CITY shall pay to
COUNTY the additional amount upon demand to COUNTY. Said demand
shall consist of a billing invoice prepared by COUNTY. Conversely, if the
required LOCAL SHARE OF COSTS is less than the sum of CITY'S
PAYMENT, COUNTY shall remit a refund to CITY within thirty (30) days of
the date COUNTY furnishes CITY with the final accounting.
d. That if CITY'S PAYMENT, as set forth in paragraph (4) b., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date of
said invoice, COUNTY is entitled to recover interest thereon beginning
sixty (60) calendar days from the date of the invoice at the rate of interest
specified in the General Services Agreement executed by the parties to
this AGREEMENT currently in effect.
e. That if CITY'S PAYMENT, as set forth in paragraph (4) b., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date of
said invoice, notwithstanding the provisions of Government Code,
Section 907, COUNTY may satisfy such indebtedness, including interest
thereon, from any funds of CITY on deposit with COUNTY, after giving
notice to CITY of COUNTY'S Intention to do so.
CITY shall review the final accounting invoice prepared by COUNTY and
report in writing any discrepancies to COUNTY within sixty (60) calendar
days after the date of said invoice. Undisputed charges shall be paid by
CITY to COUNTY within sixty (60) calendar days after the date of said
invoice. COUNTY shall review all disputed charges and submit a written
justification detailing the basis for those charges within sixty (60) calendar
days of receipt of CITY'S written report. CITY shall then make payment of
the previously disputed charges or submit justification for nonpayment
within sixty (60) calendar days after the date of COUNTY'S written
justification.
g. COUNTY at any time may, at its sole discretion, designate an alternative
payment mailing address and an alternative schedule for payment of CITY
funds, if applicable. CITY shall be notified of such changes by invoice.
Page 5 of 8
h. During construction of PROJECT, COUNTY shall furnish an inspector or
other representative to perform the functions of an inspector. CITY may
also furnish, at no cost to COUNTY, an inspector or other representative
to inspect construction of PROJECT. Said inspectors shall cooperate and
consult with each other, but the orders. of COUNTY inspector to the
contractors or any other person in charge of construction shall prevail and
be final.
This AGREEMENT may be amended or modified only by mutual written
consent of CITY and COUNTY. Amendments and modification of a
nonmaterial nature may be made by the mutual written consent of the
parties' Directors of Public Works or their delegates.
Any correspondence, communication, or contact concerning this
AGREEMENT shall be directed to the following:
CITY: Mr. Mark Whitworth
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058-1714
COUNTY: Ms. Gail Farber
Director of Public Works
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
k. Other than as provided below, neither COUNTY nor any officer or
employee of COUNTY shall be responsible for any damage or liability
occurring by reason of any acts or omissions on the part of CITY under or
in connection with any work, authority, or jurisdiction delegated to or
determined to be the responsibility of CITY under this AGREEMENT. It is
also understood and agreed that, pursuant to Government Code
Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY
harmless from any liability imposed for injury (as defined by
Government Code Section 810.8) occurring by reason of any acts or
omissions on the part of CITY under or in connection with any work,
authority, or jurisdiction delegated to or determined to be the responsibility
of CITY under this AGREEMENT.
Neither COUNTY nor any officer or employee of COUNTY shall be
responsible, directly or indirectly, for damage or liability arising from or
attributable to the presence or alleged presence, transport, arrangement,
Page 6 of 8
or release of any hazardous materials, chemicals, or contaminants
present at or stemming from the PROJECT within the CITY'S
JURISDICTION or arising from acts or omissions on the part of the CITY
under or in connection with any work, authority, or jurisdiction delegated to
or determined to be the responsibility of the CITY under this
AGREEMENT, including liability under the Comprehensive Environmental,
Response, Compensation and Liability Act of 1980 (CERCLA) and under
the California Health and Safety Code. It is understood and agreed
pursuant to Government Code Section 895.4, CITY shall fully indemnify,
defend, and hold COUNTY harmless from any such damage, liability or
claim. In addition to being an agreement enforceable under the laws of
the State of California, the foregoing indemnity is intended by the parties
to be an agreement pursuant to 42.U.S.C. Section 9607(e), Section
107(e), of the amended CERCLA, and California Health and Safety Code
Section 25364.
m. In contemplation of the provisions of Section 895.2 of the Government
Code of the State of California imposing certain tort liability jointly upon
public entities solely by reason of such entities being parties to an
agreement (as defined in Section 895 of said Code), each of the parties
hereto, pursuant to the authorization contained in Sections 895.4 and
895.6 of said Code, will assume the full liability imposed upon it or any of
its officers, agents, or employees by law for injury caused by any act or
omission occurring in the performance of this AGREEMENT to the same
extent that such liability would be imposed in the absence of Section 895.2
of said Code. To achieve the above -stated purpose, each of the parties
indemnifies and holds harmless the other party for any liability, cost, or
expense that may be imposed upon such other party solely by virtue of
Section 895.2. The provisions of Section 2778 of the California Civil Code
are made a part hereof as if incorporated herein.
n. The provisions. of this AGREEMENT shall supersede and control over any
.provisions inconsistent herewith in the Assumption of Liability Agreement
No. 32085 between CITY and COUNTY, adopted by the Board of
Supervisors on December 27, 1977, and currently in effect.
11
1\
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed by their respective officers, duly authorized, by the CITY OF VERNON on
, 2014, and by the COUNTY OF LOS ANGELES on
, 2014.
APPROVED AS TO FORM:
JOHN F. KRATTLI
County Counsel
m
Deputy
COUNTY OF LOS ANGELES
M
Director of Public Works
CITY OF VERNON
By
Mayor
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
P:Iddpuo\StructureslBPMPtAgreementslVernonlBPMP Vemon - Coop Agmement.doc
Page 8 of 8
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS
HIGHWAY BRIDGE PROGRAM (HBP)
BRIDGE PREVENTIVE MAINTENANCE PROGRAM (BPMP)
TOTAL PROJECT COST ESTIMATE (TPCE)
City of Vernon
7117/13
Preliminary Engineering (PE) 37,500
Construction Contract 860,612
Construction Contingency (CONT) - (25%of Construction Contract) 215,153'
Construction Engineering ICE) - (15% of Construction Contract) 129,092
Total Construction Cost 1,204,857
1,242,357
of PE and CE)'
Reimbursement
...
HBP - BPMP (88.53% of qualifying2 Project Cost Estimate) (1,100,000)
Total Reimbursement (1,100,000)
Net City Cost (TPCE less Reimbursement) 149,000
10116 of TPCE 125,000
Required City Deposal
Notes
t Per City -County Assumption of Liability /Joint Indemnity Agreement
2 Excludes any betterments and any costs/rates in excess of Federally approved
' Net City Cost but not less than 10% of TPCE
BPMP Worksheet (current)
CONTRACT/AMENDMENT SIGNATURE ROUTING FORM
CONTRACTOR: County of Los Angeles - Bridge Preventative Maintenance Program Agreement
CONTRACT PURPOSE:
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
Pr'
SERVICES ❑ MATERIALS WBUDGETED ❑ NOT BUDGETED
TOTAL CONTRACT VALUE: $149,000 Charge Acct. No(s) E 011.1043.900000
Amendment Value
❑ Contract is an Amendment to Contract No. (if Applicable)
RESPONSIBLE DEPARTMENT PERSON: Rafael Contreras PHONE: ext. 215
AUTHORIZATION: tf Approved by Council on 4/1/2014
(Check One) Resolution No. (if applicable)
❑ Approved by City Administrator on
Note: Attach supporting documentation
Amendment Approved by (if applicable)
ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date
(1) Responsible Department Person -/*Lr6�2)
Checks substance of contract and assembles+we;(2rcopies of
Contract, insurance & bond documents, certifies compliance
With Competitive Bidding and Purchasing Ordinance
C � LI ty
(2) Liability and Claims
Approves insurance and sureties, if bonds required
(3) Finance (Purchasing)
Checks compliance with Competitive Bidding & Living Wage Ordinances
And reflected in current budget
(4) City Attorney
Approves contract as to form, verifies bonds and insurance included
(5) City Signatory /
Signs all copies on behalf of City 6 L%
(6) City Clerk
Attests signatures, numbers, files contract, insurance and bonds, and
transmits duplicate original to contractor
Rev. 4M/13
TRANSMITTAL COMMUNICATION
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
April 30, 2014
Gail Farber
Director of Public Works
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
Re: Bridge Preventative Maintenance Program Agreement
Dear Ms. Farber:
Transmitted herewith are three partially executed originals of the above -referenced agreement,
approved by City Council minute order on April 1, 2014.
Please return one fully executed original agreement to the undersigned.
If you have any questions regarding this matter, please contact Rafael Contreras at (323) 583-
8811 ext. 215.
Very truly yours,
Deborah R. Juarez
Records Management Assistant
Enclosures
c: Rafael Contreras
William Fox
S. Kevin Wilson
Resolution No. 2012-183
Agreement No. 12-101
E7ccfusivefy Industriaf
PARTIALLY EXECUTED
AGREEMENT
AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
VERNON, a municipal corporation in the County of Los Angeles (hereinafter referred to
as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the State of
California (hereinafter referred to as COUNTY):
WITNESSETH
WHEREAS, it is of general interest to CITY and COUNTY to extend the service
life of the Bandini Boulevard over Los Angeles River, Soto Street over Los Angeles
River, and 26th Street over Downey Road bridges; and
WHEREAS, CITY and COUNTY propose to perform one-time only preventive
maintenance work on the existing bridges listed above (which work is hereinafter
referred to as PROJECT); and
WHEREAS, PROJECT is within the geographical boundaries of CITY; and
WHEREAS, COUNTY is willing to perform or cause to be performed the
PRELIMINARY ENGINEERING, solicitation of construction bids and award of
construction contract, and CONTRACT ADMINISTRATION for PROJECT; and
WHEREAS, COUNTY is further willing to administer PROJECT under the
National Highway Performance Program and/or Surface Transportation Program; and
WHEREAS, COST OF PROJECT includes the costs of PRELIMINARY
ENGINEERING, COST OF CONSTRUCTION CONTRACT, and costs of
CONSTRUCTION ADMINISTRATION as more fully set forth herein; and
WHEREAS, COST OF PROJECT is currently estimated to be One Million Two
Hundred and Forty-nine Thousand and 00/100 Dollars ($1,249,000.00) with Federal
funding reimbursement estimated to be One Million One Hundred Thousand and 00/100
Dollars ($1,100,000.00); and
WHEREAS, CITY is willing to finance LOCAL SHARE OF COSTS, the
non -Federally reimbursable local agency portion of the COST OF PROJECT; and
WHEREAS, CITY is willing to finance LOCAL SHARE OF COSTS, currently
estimated to be One Hundred and Forty-nine Thousand and 00/100 Dollars
($149,000.00), by depositing One Hundred and Forty-nine Thousand and 00/100
Dollars ($149,000.00) in cash; and
WHEREAS, such a proposal is authorized and provided for by the provisions of
Sections 6500 and 23004, et seq., of the Government Code and Sections 1685 and
1803 of the California Streets and Highways Code.
Page 1 of 9
NOW, THEREFORE, in consideration of the mutual benefits to be derived by
CITY and COUNTY and of the promises herein contained, it is hereby agreed as
follows:
1) DEFINITIONS:
a. JURISDICTION as referred to in this AGREEMENT shall be defined as
the area within the geographical boundary of the CITY and the
unincorporated areas of the COUNTY.
b. PRELIMINARY ENGINEERING as referred to in this AGREEMENT shall
consist of environmental findings and approvals/permits; design survey;
soils report; traffic index and geometric investigation; preparation of plans,
specifications, and cost estimates; right-of-way engineering and
certification; utility engineering; and all other necessary work prior to
advertising of PROJECT for construction bids.
c. COST OF CONSTRUCTION CONTRACT as referred to in this
AGREEMENT shall consist of the total of payments to the construction
contractor(s) for PROJECT and the total of all payments to utility
companies or contractor(s) for the relocation of facilities necessary for the
construction of PROJECT.
d. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT
shall consist of construction contract administration, construction
inspection, materials testing, construction survey, traffic detour, signing
and striping, construction engineering, utility relocation, changes and
modifications of plans and specifications for PROJECT necessitated by
unforeseen or unforeseeable field conditions encountered during
construction of PROJECT, construction contingencies, and all other
necessary work after advertising of PROJECT for construction bids to
cause PROJECT to be constructed in accordance with said plans and
specifications approved by CITY and COUNTY.
e. COST OF PROJECT as referred to in this AGREEMENT shall consist of
the COST OF CONSTRUCTION CONTRACT and costs of
PRELIMINARY ENGINEERING, CONSTRUCTION ADMINISTRATION,
right-of-way certification, utility engineering, and all other work necessary
to complete PROJECT in accordance with the approved plans and
specifications and shall include currently effective percentages added to
total salaries, wages, and equipment costs to cover overhead,
administration, and depreciation in connection with any or all of the
aforementioned items.
Page 2 of 9
f. LOCAL SHARE OF COSTS as referred to in this AGREEMENT shall
consist of COST OF PROJECT less any reimbursement received by
COUNTY under the National Highway Performance Program and/or
Surface Transportation Program.
g. Completion of PROJECT as referred to in this AGREEMENT shall be
defined as the date of field acceptance of construction of PROJECT by
COUNTY and an electronic notification to CITY'S Director of Public
Works/City Engineer that the improvements within CITY'S JURISDICTION
are transferred to CITY for the purpose of operation and maintenance.
2) CITY AGREES:
a. To finance LOCAL SHARE OF COSTS, the actual amount of which is to
be determined by a final accounting, pursuant to paragraph (4) a., below.
b. To deposit with COUNTY, following execution of this AGREEMENT and
upon demand by COUNTY, sufficient CITY funds to finance LOCAL
SHARE OF COSTS (hereinafter referred to as CITY'S PAYMENT),
currently estimated to be One Hundred and Forty-nine Thousand and
00/100 Dollars ($149,000.00). Said demand will consist of a billing invoice
prepared by COUNTY and delivered to CITY.
c. Upon request from COUNTY, to consent to COUNTY'S request for
jurisdiction of the Bandini Boulevard over Los Angeles River, Soto Street
over Los Angeles River, and 26th Street over Downey Road bridges, as
part of the County System of Highways for the limited purpose of
constructing PROJECT.
d. To grant to COUNTY, at no cost to COUNTY, permission to occupy
public roads in the CITY and any temporary right of way that CITY owns or
has an easement for that is necessary for the construction of PROJECT.
e. Upon approval of construction plans for PROJECT, to issue COUNTY a
no -fee permit(s) authorizing COUNTY to construct those portions of
PROJECT within CITY'S JURISDICTION.
f. To appoint COUNTY as CITY'S attorney -in -fact for the purpose of
representing CITY in all negotiations pertaining to the advertisement of
PROJECT for construction bids, award, and administration of the
construction contract and in all things necessary and proper to complete
PROJECT.
g. To cooperate with COUNTY in conducting negotiations with and, where
appropriate, to issue notices to public utility organizations and owners of
substructure and overhead facilities regarding the relocation, removal,
Page 3 of 9
operation, and maintenance of all surface and underground utilities and
facilities, structures, and transportation services, which interfere with the
proposed construction. Where utilities have been installed in CITY streets
or on CITY property, CITY will provide the necessary right of way for the
relocation of those utilities and facilities that interfere with the construction
of PROJECT at no cost to COUNTY. CITY will take all necessary steps to
grant, transfer, or assign all prior rights over the utility companies and
owners of substructure and overhead facilities to COUNTY when
necessary to construct, complete, and maintain PROJECT or to appoint
COUNTY as its attorney -in -fact to exercise such prior rights.
h. To be financially responsible for disposal and/or mitigation measures, if
necessary, should any hazardous materials, chemicals, or contaminants
be encountered during construction of PROJECT within CITY'S
JURISDICTION.
i. Upon completion of PROJECT to operate and maintain in good condition
and at CITY'S expense all improvements constructed as part of PROJECT
within CITY'S JURISDICTION.
3) COUNTY AGREES:
a. To perform or cause to be performed the PRELIMINARY ENGINEERING,
CONSTRUCTION ADMINISTRATION, right-of-way acquisition and
clearance matters, and all other work necessary to complete PROJECT.
b. To apply for National Highway Performance Program and/or Surface
Transportation Program funding to finance the Federally -reimbursable
portion of COST OF PROJECT.
c. To obtain CITY'S approval of plans for PROJECT prior to advertising for
construction bids.
d. To solicit PROJECT for construction bids, award and administer the
construction contract, do all things necessary and proper to complete
PROJECT, and act on behalf of CITY in all negotiations pertaining thereto.
e. To furnish CITY within one hundred eighty (180) calendar days after final
payment to contractor a final accounting of the actual COST OF
PROJECT, including an itemization of actual unit costs and actual
quantities for PROJECT.
4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The final accounting of the actual total COST OF PROJECT shall include
an itemization of unit costs, actual quantities and costs, and
Page 4 of 9
reimbursement received under the National Highway Performance
Program and/or Surface Transportation Program.
b. If CITY'S PAYMENT as set forth in paragraph (2) b above, is not delivered
to COUNTY office, which is described on the billing invoice prepared by
COUNTY, prior to award of PROJECT, COUNTY may delay the award of
PROJECT pending the receipt of CITY'S PAYMENT.
c. That if at final accounting LOCAL SHARE OF COSTS exceeds CITY'S
PAYMENT, as set forth in paragraphs (2) b above, CITY shall pay to
COUNTY the additional amount upon demand to COUNTY. Said demand
shall consist of a billing invoice prepared by COUNTY. Conversely, if the
required LOCAL SHARE OF COSTS is less than the sum of CITY'S
PAYMENT, COUNTY shall remit a refund to CITY within thirty (30) days of
the date COUNTY furnishes CITY with the final accounting.
d. That if CITY'S PAYMENT, as set forth in paragraph (4) b., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date of
said invoice, COUNTY is entitled to recover interest thereon beginning
sixty (60) calendar days from the date of the invoice at the rate of interest
specified in the General Services Agreement executed by the parties to
this AGREEMENT currently in effect.
e. That if CITY'S PAYMENT, as set forth in paragraph (4) b., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date of
said invoice, notwithstanding the provisions of Government Code,
Section 907, COUNTY may satisfy such indebtedness, including interest
thereon, from any funds of CITY on deposit with COUNTY, after giving
notice to CITY of COUNTY'S intention to do so.
f. CITY shall review the final accounting invoice prepared by COUNTY and
report in writing any discrepancies to COUNTY within sixty (60) calendar
days after the date of said invoice. Undisputed charges shall be paid by
CITY to COUNTY within sixty (60) calendar days after the date of said
invoice. COUNTY shall review all disputed charges and submit a written
justification detailing the basis for those charges within sixty (60) calendar
days of receipt of CITY'S written report. CITY shall then make payment of
the previously disputed charges or submit justification for nonpayment
within sixty (60) calendar days after the date of COUNTY'S written
justification.
g. COUNTY at any time may, at its sole discretion, designate an alternative
payment mailing address and an alternative schedule for payment of CITY
funds, if applicable. CITY shall be notified of such changes by invoice.
Page 5 of 9
h. During construction of PROJECT, COUNTY shall furnish an inspector or
other representative to perform the functions of an inspector. CITY may
also furnish, at no cost to COUNTY, an inspector or other representative
to inspect construction of PROJECT. Said inspectors shall cooperate and
consult with each other, but the orders of COUNTY inspector to the
contractors or any other person in charge of construction shall prevail and
be final.
i. This AGREEMENT may be amended or modified only by mutual written
consent of CITY and COUNTY. Amendments and modification of a
nonmaterial nature may be made by the mutual written consent of the
parties' Directors of Public Works or their delegates.
j. Any correspondence, communication, or contact concerning this
AGREEMENT shall be directed to the following:
CITY: Mr. Mark Whitworth
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058-1714
COUNTY: Ms. Gail Farber
Director of Public Works
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
k. Other than as provided below, neither COUNTY nor any officer or
employee of COUNTY shall be responsible for any damage or liability
occurring by reason of any acts or omissions on the part of CITY under or
in connection with any work; authority, or jurisdiction delegated to or
determined to be the responsibility of CITY under this AGREEMENT. It is
also understood and agreed that, pursuant to Government Code
Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY
harmless from any liability imposed for injury (as defined by
Government Code Section 810.8) occurring by reason of any acts or
omissions on the part of CITY under or in connection with any work,
authority, or jurisdiction delegated to or determined to be the responsibility
of CITY under this AGREEMENT.
I. Neither COUNTY nor any officer or employee of COUNTY shall be
responsible, directly or indirectly, for damage or liability arising from or
attributable to the presence or alleged presence, transport, arrangement,
Page 6 of 9
or release of any hazardous materials, chemicals, or contaminants
present at or stemming from the PROJECT within the CITY'S
JURISDICTION or arising from acts or omissions on the part of the CITY
under or in connection with any work, authority, or jurisdiction delegated to
or determined to be the responsibility of the CITY under this
AGREEMENT, including liability under the Comprehensive Environmental,
Response, Compensation and Liability Act of 1980 (CERCLA) and under
the California Health and Safety Code. It is understood and agreed
pursuant to Government Code Section 895.4, CITY shall fully indemnify,
defend, and hold COUNTY harmless from any such damage, liability or
claim. In addition to being an agreement enforceable under the laws of
the State of California, the foregoing indemnity is intended by the parties
to be an agreement pursuant to 42 U.S.C. Section 9607(e), Section
107(e), of the amended CERCLA, and California Health and Safety Code
Section 25364.
m. Other than as provided below, neither CITY nor any officer or employee of
CITY shall be responsible for any damage or liability occurring by reason
of any acts or omissions on the part of COUNTY under or in connection
with any work, authority, or jurisdiction delegated to or determined to be
the responsibility of COUNTY under this AGREEMENT. It is also
understood and agreed that, pursuant to Government Code Section 895.4,
COUNTY shall fully indemnify, defend, and hold CITY harmless from any
liability imposed for injury (as defined by Government Code Section 810.8)
occurring by reason of any acts or omissions on the part of COUNTY
under or in connection with any work, authority, or jurisdiction delegated to
or determined to be the responsibility of COUNTY under this
AGREEMENT.
,n. In contemplation of the provisions of Section 895.2 of the Government
Code of the State of California imposing certain tort liability jointly upon
public entities solely by reason of such entities being parties to an
agreement (as defined in Section 895 of said Code), each of the parties
hereto, pursuant to the authorization contained in Sections 895.4 and
895.6 of said Code, will assume the full liability imposed upon it or any of
its officers, agents, or employees by law for injury caused by any act or
omission occurring in the performance of this AGREEMENT to the same
extent that such liability would be imposed in the absence of Section 895.2
of said Code. To achieve the above -stated purpose, each of the parties
indemnifies and holds harmless the other party for any liability, cost, or
expense that may be imposed upon such other party solely by virtue of
Section 895.2. The provisions of Section 2778 of the California Civil Code
are made a part hereof as if incorporated herein.
o. The provisions of this AGREEMENT shall supersede and control over any
provisions inconsistent herewith in the Assumption of Liability Agreement
Page 7 of 9
No. 32085 between CITY and COUNTY, adopted by the Board of
Supervisors on December 27, 1977, and currently in effect.
Page 8 of 9
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed by their respective officers, duly authorized, by the CITY OF VERNON on
, 2014, and by the COUNTY OF LOS ANGELES on
, 2014.
APPROVED AS TO FORM:
JOHN F. KRATTLI
County Counsel
M
Deputy
COUNTY OF LOS ANGELES
0
Director of Public Works
CITY OF VERNON
By
Mark Whitworth, City Administrator
ATTEST:
By
t9�x0
Ana Sarcia, eput ty Clerk
APPROVED AS TO FORM:
By 5 /�
"0=4
Scott E. Porter, Deputy City Attorney
P:Wdpub\Structures\BPMP\Agreements\Vernon\BPMP Vernon - Coop Agreement.doc
Page 9of9
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS
HIGHWAY BRIDGE PROGRAM (HBP)
BRIDGE PREVENTIVE MAINTENANCE PROGRAM (BPMP)
TOTAL PROJECT COST ESTIMATE (TPCE)
City of Vernon
7/17/13
Preliminary Engineering (PE) 37,500
Construction Contract 860,612
Construction Contingency (CONT) - (25% of Construction Contract) 215,153
Construction Engineering (CE) - (15% of Construction Contract) 129,092
Total Construction Cost 1,204,857
1,242,357
Liability Surcharge (4% of PE and CE)' 6,664
Total Projecf:;Cosf Esfiinate (TPCE) 1,249,000
Reimbursement
HBP - BPMP (88.53% of qualifying2 Project Cost Estimate) (1,100,000)
Total Reimbursement (1,100,000)
Net City Cost (TPCE less Reimbursement) 149,000
10% of TPCE 126,000
Required City Deposit' 149 000
Notes
Per City -County Assumption of Liability /Joint Indemnity Agreement
s Excludes any betterments and any costs/rates in excess of Federally approved
3 Net City Cost but not less than 10% of TPCE
BPMP Worksheet (current)
Q Q
DD
STAFF REPORT
a0/Adftk
RECE ED
RECEIVED MAR 27 rOjj
MAR 2 7 2014 CITY ADMINISTRATION
CITY CLERK'S OFFICE STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMEN
Eng
DATE: April 1, 2014
TO: Honorable Mayor and City Council
PREPARED BY: Rafael Contreras Projjje�ctt Engineer
APPROVED BY: Samuel Kevin Wilson, Director of Community Services & Water
RE: Bridge Preventative Maintenance Program Agreement
Recommendation
It is recommended that the City Council:
1. Find that the improvements proposed by the Bridge Preventative Maintenance Program
for various bridges within the City of Vernon are categorically exempt under the
California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines
Section 15301, Existing Facilities, subsection (c) because the improvements are
maintenance repair of the existing street bridges and under subsection (d) because the
work merely involves the rehabilitation of a deteriorated or damaged structure to meet
current safety requirements where the deterioration of the structure did not occur due to
an earthquake, landslide, or flood; and
2. Authorize the City Administrator to execute the cooperative agreement for the Bridge
Preventative Maintenance Program between the City of Vernon and the County of Los
Angeles, and to make any necessary non -material changes to the agreement. The
agreement would authorize the County of Los Angeles to perform bridge preventative
maintenance work estimated to cost $1,249,000, with the City's share estimated at
$1 99,000. Further authorize the City Administrator to approve future amendments to the
Agreement provided that the only substantive revision(s) to the agreement is/are to
increase the City's share of costs by $35,000 or less, and grant the City Attorney the
authority to negotiate the incorporation of additional or revised indemnification clauses.
Background
The County of Los Angeles has a program known as the Bridge Preventative
Maintenance Program (the "Bridge Program") to extend the life of existing bridges in the County.
In 2012, the County offered to help fund the maintenance of the three following bridges in Vernon:
County Bridge No.
State Bridge No.
Location
1852
53C0827
BANDINI BL / LOS ANGELES RV
2333
53C0867
SOTO ST / LOS ANGELES RV
1455
53C0786
26 ST / DOWNEY RD
The proposed preventative maintenance activities for the bridge structures have been derived based on
biannual bridge inspection reports performed by the County.
Via Resolution No. 2012-183 (attached as Exhibit A), in 2012, the City Council
authorized the City to participate in the Bridge Program. The City Council authorized $137,000 to
fund the City's share of the engineering design and construction costs for the proposed project.
Originally, the County of Los Angles requested a commitment of $137,000, which was approximately
12% of the total project cost previously estimated to be $1,140,000.
The Current Proposal
Now that preliminary engineering work for the bridge repairs is complete, the cost estimates
have been revised upwards, and the County is requesting that the City enter into an Agreement
(Exhibit B) between the City and the County detailing how the project is to be funded. The City has
not yet signed any such agreement.
The proposed Agreement reflects an increase in the estimated overall cost of the project from
$1,140,000 to $1,249,000. The project cost estimate spreadsheets are attached as Exhibit C and
identify the preventive maintenance needs for the bridges in Vernon. The City's new cost share
would be approximately $149,000 — an overall increase to the city of $12,000.
The cooperative agreement stipulates that the County will perform all work necessary before
the award of a construction contract. That work includes completing environmental analyses,
obtaining environmental permits, completing a design survey, a soils report, a traffic index and
geometric investigation, and preparing plans, specifications, cost estimates, and completing right-of-
way and utility engineering. The County will also perform construction engineering management
services, which include administering the bidding, awarding a construction contract, and overseeing
the construction itself.
Fiscal Impact
The City budgeted the original cost estimated about of $137,000 for the Bridge Preventative
Maintenance Program in the FY 2013-2014 Budget. The City's new cost share amount of $149,000
will be appropriated into the FY 2014-2015 Budget. The County will request the funds upon the final
execution of the cooperative agreement, which is anticipated to occur in the next fiscal budget year.
Attachments: Exhibit A —Resolution No. 2012-183
Exhibit B — Financial Agreement
Exhibit C — County of Los Angeles Project Cost Estimates
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
En
TO: Mark Whitworth, City Administrator
Awd
FROM: Samuel Kevin Director of Community Services & Water
DATE: April 1, 2014
SUBJECT: Bridge Preventative Maintenance Program Agreement
Background
The County of Los Angeles has a program known as the Bridge Preventative Maintenance
Program (the "Bridge Program") to extend the life of existing bridges in the County. In 2012, the
County offered to help fund the maintenance of the three following bridges in Vernon:
County Bridge No.
State Bridge No.
Location
1852
53CO827
BANDINI BL / LOS ANGELES RV
2333
53CO867
SOTO ST / LOS ANGELES RV
1455
53CO786
26 ST / DOWNEY RD
The proposed preventative maintenance activities for the bridge structures have been derived
based on biannual bridge inspection reports performed by the County.
Via Resolution No. 2012-183 (attached as Exhibit A), in 2012, the City Council authorized the
City to participate in the Bridge Program. The City Council authorized $137,000 to fund the
City's share of the engineering design and construction costs for the proposed project.
Originally, the County of Los Angles requested a commitment of $137,000, which was
approximately 12% of the total project cost previously estimated to be $1,140,000.
The Current Proposal
Now that preliminary engineering work for the bridge repairs is complete, the cost estimates
have been revised upwards, and the County is requesting that the City enter into an Agreement
(Exhibit B) between the City and the County detailing how the project is to be funded. The City
has not yet signed any such agreement.
The proposed Agreement reflects an increase in the estimated overall cost of the project from
$1,140,000 to $1,249,000. The project cost estimate spreadsheets are attached as Exhibit C and
identify the preventive maintenance needs for the bridges in Vernon. The City's new cost share
would be approximately $149,000 — an overall increase to the city of $12,000.
FULLY EXECUTED AGREEMENT
COUNTY OF LOS ANGELES
DEPARTMENT .OF PUBLIC WORKS
GAIL FARBER, Director
May 20, 2014
Mr. Mark Whitworth
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058-1714
Dear Mr. Whitworth:
"To Enrich Lives Through Effective and Caring Service"
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone (626)458.5100
http://dpw.lacomty.gov
RECEIVED
MAY 2 8 2014
CITY ADMINISTRATION
BRIDGE PREVENTIVE MAINTENANCE PROGRAM
CITY OF VERNON — COUNTY OF LOS ANGELES
COOPERATIVE AGREEMENT
ADDRESS ALL CORRESPONDENCE TO:
P.O. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
IN REPLY PLEASE
REFER TO FILE: D-3
Enclosed for your files is a fully executed cooperative agreement for the Bridge
Preventive Maintenance Program.
If you have any questions, please contact Mr. David Chan, Design Division, Structures
Section, at (626) 458-7949 or dchan@dpw.lacounty.gov.
Very truly yours,
GAIL FARBER
Director of Public Works
I
RO ANA G. 'ANTONIO
Assistant Depu Director
Design Division
DC:sn
P:\DDPUB\STRUCTURES\BPMPWGREEMENTS\VERNONV\GMT LET 2.DOC
Enc.
PWO3IS14V-E&
AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
VERNON, a municipal corporation in the County of Los Angeles (hereinafter referred to
as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the State of
California (hereinafter referred to as COUNTY):
WITNESSETH
WHEREAS, it is of general interest to CITY and COUNTY to extend the service
life of the Bandini Boulevard over Los Angeles River, Soto Street over Los Angeles
River, and 26th Street over Downey Road bridges; and
WHEREAS, CITY and COUNTY propose to perform one-time only preventive
maintenance work on the existing bridges listed above (which work is hereinafter
referred to as PROJECT); and
WHEREAS, PROJECT is within the geographical boundaries of CITY; and
WHEREAS, COUNTY is willing to perform or cause to be performed the
PRELIMINARY ENGINEERING, solicitation of construction bids and award of
construction contract, and CONTRACT ADMINISTRATION for PROJECT; and
WHEREAS, COUNTY is further willing to administer PROJECT under the
National Highway Performance Program and/or Surface Transportation Program; and
WHEREAS, COST OF PROJECT includes the costs of PRELIMINARY
ENGINEERING, COST OF CONSTRUCTION CONTRACT, and costs of
CONSTRUCTION ADMINISTRATION as more fully set forth herein; and
WHEREAS, COST OF PROJECT is currently estimated to be One Million Two
Hundred and Forty-nine Thousand and 00/100 Dollars ($1,249,000.00) with Federal
funding reimbursement estimated to be One Million One Hundred Thousand and 00/100
Dollars ($1,100,000.00); and
WHEREAS, CITY is willing to finance LOCAL SHARE OF COSTS, the
non -Federally reimbursable local agency portion of the COST OF PROJECT; and
WHEREAS, CITY is willing to finance LOCAL SHARE OF COSTS, currently
estimated to be One Hundred and Forty-nine Thousand and 00/100 Dollars
($149,000.00), by depositing One Hundred and Forty-nine Thousand and 00/100
Dollars ($149,000.00) in cash; and
WHEREAS, such a proposal is authorized and provided for by the provisions of
Sections 6500 and 23004, et seq., of the Government Code and Sections 1685 and
1803 of the California Streets and Highways Code.
Page 1 of 9
NOW, THEREFORE, in consideration of the mutual benefits to be derived by
CITY and COUNTY and of the promises herein contained, it is hereby agreed as
follows:
1) DEFINITIONS:
a. JURISDICTION as referred to in this AGREEMENT shall be defined as
the area within the geographical boundary of the CITY and the
unincorporated areas of the COUNTY.
b. PRELIMINARY ENGINEERING as referred to in this AGREEMENT shall
consist of environmental findings and approvals/permits; design survey;
soils report; traffic index and geometric investigation; preparation of plans,
specifications, and cost estimates; right-of-way engineering and
certification; utility engineering; and all other necessary work prior to
advertising of PROJECT for construction bids.
c. COST OF CONSTRUCTION CONTRACT as referred to in this
AGREEMENT shall consist of the total of payments to the construction
contractor(s) for PROJECT and the total of all payments to utility
companies or contractor(s) for the relocation of facilities necessary for the
construction of PROJECT.
d. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT
shall consist of construction contract administration, construction
inspection, materials testing, construction survey, traffic detour, signing
and striping, construction engineering, utility relocation, changes and
modifications of plans and specifications for PROJECT necessitated by
unforeseen or unforeseeable field conditions encountered during
construction of PROJECT, construction contingencies, and all other
necessary work after advertising of PROJECT for construction bids to
cause PROJECT to be constructed in accordance with said plans and
specifications approved by CITY and COUNTY.
e. COST OF PROJECT as referred to in this AGREEMENT shall consist of
the COST OF CONSTRUCTION CONTRACT and costs of
PRELIMINARY ENGINEERING, CONSTRUCTION ADMINISTRATION,
right-of-way certification, utility engineering, and all other work necessary
to complete PROJECT in accordance with the approved plans and
specifications and shall include currently effective percentages added to
total salaries, wages, and equipment costs to cover overhead,
administration, and depreciation in connection with any or all of the
aforementioned items.
Page 2 of 9
f. LOCAL SHARE OF COSTS as referred to in this AGREEMENT shall
consist of COST OF PROJECT less any reimbursement received by
COUNTY under the National Highway Performance Program and/or
Surface Transportation Program.
g. Completion of PROJECT as referred to in this AGREEMENT shall be
defined as the date of field acceptance of construction of PROJECT by
COUNTY and an electronic notification to CITY'S Director of Public
Works/City Engineer that the improvements within CITY'S JURISDICTION
are transferred to CITY for the purpose of operation and maintenance.
2) CITY AGREES:
a. To finance LOCAL SHARE OF COSTS, the actual amount of which is to
be determined by a final accounting, pursuant to paragraph (4) a., below.
b. To deposit with COUNTY, following execution of this AGREEMENT and
upon demand by COUNTY, sufficient CITY funds to finance LOCAL
SHARE OF COSTS (hereinafter referred to as CITY'S PAYMENT),
currently estimated to be One Hundred and Forty-nine Thousand and
00/100 Dollars ($149,000.00). Said demand will consist of a billing invoice
prepared by COUNTY and delivered to CITY.
c. Upon request from COUNTY, to consent to COUNTY'S request for
jurisdiction of the Bandini Boulevard over Los Angeles River, Soto Street
over Los Angeles River, and 26th Street over Downey Road bridges, as
part of the County System of Highways for the limited purpose of
constructing PROJECT.
d. To grant to COUNTY, at no cost to COUNTY, permission to occupy
public roads in the CITY and any temporary right of way that CITY owns or
has an easement for that is necessary for the construction of PROJECT.
e. Upon approval of construction plans for PROJECT, to issue COUNTY a
no -fee permit(s) authorizing COUNTY to construct those portions of
PROJECT within CITY'S JURISDICTION.
f. To appoint COUNTY as CITY'S attorney -in -fact for the purpose of
representing CITY in all negotiations pertaining to the advertisement of
PROJECT for construction bids, award, and administration of the
construction contract and in all things necessary and proper to complete
PROJECT.
g. To cooperate with COUNTY in conducting negotiations with and, where
appropriate, to issue notices to public utility organizations and owners of
substructure and overhead facilities regarding the relocation, removal,
Page 3 of 9
operation, and maintenance of all surface and underground utilities and
facilities, structures, and transportation services, which interfere with the
proposed construction. Where utilities have been installed in CITY streets
or on CITY property, CITY will provide the necessary right of way for the
relocation of those utilities and facilities that interfere with the construction
of PROJECT at no cost to COUNTY. CITY will take all necessary steps to
grant, transfer, or assign all prior rights over the utility companies and
owners of substructure and overhead facilities to COUNTY when
necessary to construct, complete, and maintain PROJECT or to appoint
COUNTY as its attorney -in -fact to exercise such prior rights.
h. To be financially responsible for disposal and/or mitigation measures, if
necessary, should any hazardous materials, chemicals, or contaminants
be encountered during construction of PROJECT within CITY'S
JURISDICTION.
i. Upon completion of PROJECT to operate and maintain in good condition
and at CITY'S expense all improvements constructed as part of PROJECT
within CITY'S JURISDICTION.
3) COUNTY AGREES:
a. To perform or cause to be performed the PRELIMINARY ENGINEERING,
CONSTRUCTION ADMINISTRATION, right-of-way acquisition and
clearance matters, and all other work necessary to complete PROJECT.
b. To apply for National Highway Performance Program and/or Surface
Transportation Program funding to finance the Federally -reimbursable
portion of COST OF PROJECT.
c. To obtain CITY'S approval of plans for PROJECT prior to advertising for
construction bids.
d. To solicit PROJECT for construction bids, award and administer the
construction contract, do all things necessary and proper to complete
PROJECT, and act on behalf of CITY in all negotiations pertaining thereto.
e. To furnish CITY within one hundred eighty (180) calendar days after final
payment to contractor a final accounting of the actual COST OF
PROJECT, including an itemization of actual unit costs and actual
quantities for PROJECT.
4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The final accounting of the actual total COST OF PROJECT shall include
an itemization of unit costs, actual quantities and costs, and
Page 4 of 9
reimbursement received under the National Highway Performance
Program and/or Surface Transportation Program.
b. If CITY'S PAYMENT as set forth in paragraph (2) b above, is not delivered
to COUNTY office, which is described on the billing invoice prepared by
COUNTY, prior to award of PROJECT, COUNTY may delay the award of
PROJECT pending the receipt of CITY'S PAYMENT.
c. That if at final accounting LOCAL SHARE OF COSTS exceeds CITY'S
PAYMENT, as set forth in paragraphs (2) b above, CITY shall pay to
COUNTY the additional amount upon demand to COUNTY. Said demand
shall consist of a billing invoice prepared by COUNTY. Conversely, if the
required LOCAL SHARE OF COSTS is less than the sum of CITY'S
PAYMENT, COUNTY shall remit a refund to CITY within thirty (30) days of
the date COUNTY furnishes CITY with the final accounting.
d. That if CITY'S PAYMENT, as set forth in paragraph (4) b., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date of
said invoice, COUNTY is entitled to recover interest thereon beginning
sixty (60) calendar days from the date of the invoice at the rate of interest
specified in the General Services Agreement executed by the parties to
this AGREEMENT currently in effect.
e. That if CITY'S PAYMENT, as set forth in paragraph (4) b., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date of
said invoice, notwithstanding the provisions of Government Code,
Section 907, COUNTY may satisfy such indebtedness, including interest
thereon, from any funds of CITY on deposit with COUNTY, after giving
notice to CITY of COUNTY'S intention to do so.
f. CITY shall review the final accounting invoice prepared by COUNTY and
report in writing any discrepancies to COUNTY within sixty (60) calendar
days after the date of said invoice. Undisputed charges shall be paid by
CITY to COUNTY within sixty (60) calendar days after the date of said
invoice. COUNTY shall review all disputed charges and submit a written
justification detailing the basis for those charges within sixty (60) calendar
days of receipt of CITY'S written report. CITY shall then make payment of
the previously disputed charges or submit justification for nonpayment
within sixty (60) calendar days after the date of COUNTY'S written
justification.
g. COUNTY at any time may, at its sole discretion, designate an alternative
payment mailing address and an alternative schedule for payment of CITY
funds, if applicable. CITY shall be notified of such changes by invoice.
Page 5 of 9
h. During construction of PROJECT, COUNTY shall furnish an inspector or
other representative to perform the functions of an inspector. CITY may
also furnish, at no cost to COUNTY, an inspector or other representative
to inspect construction of PROJECT. Said inspectors shall cooperate and
consult with each other, but the orders of COUNTY inspector to the
contractors or any other person in charge of construction shall prevail and
be final.
i. This AGREEMENT may be amended or modified only by mutual written
consent of CITY and COUNTY. Amendments and modification of a
nonmaterial nature may be made by the mutual written consent of the
parties' Directors of Public Works or their delegates.
j. Any correspondence, communication, or contact concerning this
AGREEMENT shall be directed to the following:
CITY: Mr. Mark Whitworth
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058-1714
COUNTY: Ms. Gail Farber
Director of Public Works
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
k. Other than as provided below, neither COUNTY nor any officer or
employee of COUNTY shall be responsible for any damage or liability
occurring by reason of any acts or omissions on the part of CITY under or
'in connection with any work, authority, or jurisdiction delegated to or
determined to be the responsibility of CITY under this AGREEMENT. It is
also understood and agreed that, pursuant to Government Code
Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY
harmless from any liability imposed for injury (as defined by
Government Code Section 810.8) occurring by reason of any acts or
omissions on the part of CITY under or in connection with any work,
authority, or jurisdiction delegated to or determined to be the responsibility
of CITY under this AGREEMENT.
I. Neither COUNTY nor any officer or employee of COUNTY shall be
responsible, directly or indirectly, for damage or liability arising from or
attributable to the presence or alleged presence, transport, arrangement,
Page 6 of 9
or release of any hazardous materials, chemicals, or contaminants
present at or stemming from the PROJECT within the CITY'S
.JURISDICTION or arising from acts or omissions on the part of the CITY
under or in connection with any work, authority, or jurisdiction delegated to
or determined to be the responsibility of the CITY under this
AGREEMENT, including liability under the Comprehensive Environmental,
Response, Compensation and Liability Act of 1980 (CERCLA) and under
the California Health and Safety Code. It is understood and agreed
pursuant to Government Code Section 895.4, CITY shall fully indemnify,
defend, and hold COUNTY harmless from any such damage, liability or
claim. In addition to being an agreement enforceable under the laws of
the State of California, the foregoing indemnity is intended by the parties
to be an agreement pursuant to 42 U.S.C. Section 9607(e), Section
107(e), of the amended CERCLA, and California Health and Safety Code
Section 25364.
m. Other than as provided below, neither CITY nor any officer or employee of
CITY shall be responsible for any damage or liability occurring by reason
of any acts or omissions on the part of COUNTY under or in connection
with any work, authority, or jurisdiction delegated to or determined to be
the responsibility of COUNTY under this AGREEMENT. It is also
understood and agreed that, pursuant to Government Code Section 895.4,
COUNTY shall fully indemnify, defend, and hold CITY harmless from any
liability imposed for injury (as defined by Government Code Section 810.8)
occurring by reason of any acts or omissions on the part of COUNTY
under or in connection with any work, authority, or jurisdiction delegated to
or determined to be the responsibility of COUNTY under this
AGREEMENT.
n. In contemplation of the provisions of Section 895.2 of the Government
Code of the State of California imposing certain tort liability jointly upon
public entities solely by reason of such entities being parties to an
agreement (as defined in Section 895 of said Code), each of the parties
hereto, pursuant to.the authorization contained in Sections 895.4 and
895.6 of said Code, will assume the full liability imposed upon it or any of
its officers, agents, or employees by law for injury caused by any act or
omission occurring in the performance of this AGREEMENT to the same
extent that such liability would be imposed in the absence of Section 895.2
of said Code. To achieve the above -stated purpose, each of the parties
indemnifies and holds harmless the other party for any liability, cost, or
expense that may be imposed upon such other party solely by virtue of
Section 895.2. The provisions of Section 2778 of the California Civil Code
are made a part hereof as if incorporated herein.
o. The provisions of this AGREEMENT shall supersede and control over any
provisions inconsistent herewith in the Assumption of Liability Agreement
Page 7 of 9
No. 32085 between CITY and COUNTY, adopted by the Board of
Supervisors on December 27, 1977, and currently in effect.
Page 8 of 9
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed by their respective officers, duly authorized, by the CITY OF VERNON on
Awl L ( 2014, and by the COUNTY OF LOS ANGELES on
F'IA4 13 2014.
APPROVED AS TO FORM:
JOHN F. KRATTLI
Co
Z
COUNTY OF LOS ANGELES
of Public Works
CITY OF VERNON
By .f 1
Mark 4 itworM City Administrator
ATTEST:
By
Ana Barcia, beputy City Clerk
APPROVED AS TO FORM:
By
X�zt1;�
Scott E. Porter, Deputy City Attorney
P:\ddpub\Structures\BPMPtAgreemenls\Vernon\BPMP Vernon - Coop Agreement.doc
Page 9 of 9
The cooperative agreement stipulates that the County will perform all work necessary before the
award of a construction contract. That work includes completing environmental analyses,
obtaining environmental permits, completing a design survey, a soils report, a traffic index and
geometric investigation, and preparing plans, specifications, cost estimates, and completing
right-of-way and utility engineering. The County will also perform construction engineering
management services, which include administering the bidding, awarding a construction
contract, and overseeing the construction itself.
Fiscal Impact
The City budgeted the original cost estimated about of $137,000 for the Bridge Preventative
Maintenance Program in the FY 2013-2014 Budget. The City's new cost share amount of
$149,000 will be appropriated into the FY2014-2015 Budget. The County will request the funds
upon the final execution of the cooperative agreement, which is anticipated to occur in the next
fiscal budget year.
Recommendation
It is recommended that the City Council authorize the City Administrator to execute the
cooperative agreement for the Bridge Preventative Maintenance Program between the City of
Vernon and the County of Los Angeles, and to make any necessary non -material changes to the
agreement. The agreement would authorize the County of Los Angeles to perform bridge
preventative maintenance work estimated to cost $1,249,000, with the City's share estimated at
$149,000. Further authorize the City Administrator to approve future amendments to the
Agreement provided that the only substantive revision(s) to the agreement is/are to increase the
City's share of costs by $35,000 or less, and grant the City Attorney the authority to negotiate the
incorporation of additional indemnification clauses.
Attachments: Exhibit A — Resolution No. 2012-183
Exhibit B — Financial Agreement
Exhibit C — County of Los Angeles Project Cost Estimates
SKW/rc