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HomeMy WebLinkAboutResolution No. 6479 RESOLUTION NO. 6479 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FUNDING AGREEMENT WITH THE CITY OF SOUTH GATE FOR THE PAVEMENT REHABILITATION AND RELATED WORK ON GARFIELD AVENUE, FROM GARDENDALE STREET TO THE CITY LIMITS. WHEREAS, the City of Downey, hereinafter "DOWNEY" and the City of South Gate, hereinafter "SOUTH GATE" have included funds in their current Fiscal Year Capital Improvement Budgets for the Agreement with the City of South Gate for the Pavement Rehabilitation and related work on Garfield Avenue, from Gardendale Street to the City limits hereinafter "PROJECT "; and WHEREAS, Exhibit "A" of SOUTH GATE's city limits boundary for Garfield Avenue is recognized as the corporate boundary between SOUTH GATE and DOWNEY; and WHEREAS, the PROJECT will be of mutual benefit to both SOUTH GATE and DOWNEY by extending the useful life of the pavement by at least fifteen years; WHEREAS, SOUTH GATE and DOWNEY are desirous of cooperating in the development and construction of the improvements to be completed under the PROJECT; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby approve the attached Funding Agreement between the City of Downey and the City of South Gate. SECTION 2. The Mayor of the City of Downey is hereby authorized and directed to execute said Agreement, on behalf of the City of Downey. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward two (2) certified copies of this Resolution to the Director of Public Works for disbursement. APPROVED AND ADOPTED THIS 22nd day of May , 2001. J 1 \ ROBERT C. WINNINGHAM, Mayor ATTEST: KATHLEEN L . MI DSTOKKE , City Clerk I HEREBY CERTIFY that the foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Downey held on the 22nd day of May 2001, by the following vote: AYES: 3 Council Members: Trejo , Perki ns , Wi nni ngham NOES: 2 Council Members: McCarthy, Cartozi an ABSENT: 0 Council Members: Non e KATHLEEN L . MIDSTOKKE , City Clerk F:\ SHARE \WPWIN \AGDA0522 \RESOLUTION - AGREEMENT.DOC CITY OF SOUTH GATE LOS ANGELES COUNTY, CALIFORNIA AGREEMENT FOR GARFIELD AVENUE PAVEMENT REHABILITATION BETWEEN THE CITY OF SOUTH GATE AND THE CITY OF DOWNEY FUNDING AGREEMENT THIS AGREEMENT, made and concluded, this day of 2001, by and between the City of Downey, hereinafter "DOWNEY," and the City of South Gate, hereinafter "SOUTH GATE," for the resurfacing of Garfield Avenue, under City of SOUTH GATE Contract No. 265 -ST, hereinafter the "PROJECT." WITNESSETH: WHEREAS, SOUTH GATE and DOWNEY have appropriated sufficient funds in their Fiscal Year 2000 -01 for the resurfacing of Garfield Avenue from Meadow Road to Jefferson Avenue, under the PROJECT; and WHEREAS, Exhibit "A" of SOUTH GATE's city limits boundary for Garfield Avenue is recognized as the corporate boundary between SOUTH GATE and DOWNEY; and WHEREAS, the PROJECT will be of mutual benefit to both SOUTH GATE and DOWNEY by extending the useful life of the pavement by at least fifteen years; and WHEREAS, SOUTH GATE and DOWNEY are desirous of cooperating in the development and construction of the improvements to be completed under the PROJECT; NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained, the parties agree as follows: A. SOUTH GATE shall be responsible for providing all design and construction engineering necessary to complete the PROJECT. This shall include, but not be limited to the following: surveying, design and preparation of complete plans, specifications and estimate; advertisement, bidding and award; contract administration and for the contemplated improvements, in accordance with the Public Contracts Code. B. DOWNEY shall compensate SOUTH GATE for its share of the total PROJECT cost. The actual DOWNEY share shall be based upon the cost of the improvements constructed within the boundaries of DOWNEY, plus a pro -rated share of the preliminary and construction engineering and inspection costs. The DOWNEY share shall not exceed $60,000. The estimated SOUTH GATE share is $500,000. C. SOUTH GATE and DOWNEY hereby approve the scope, design and estimated cost of the PROJECT. D. DOWNEY and SOUTH GATE agree to be responsible for maintenance of the improvements constructed within their respective city boundaries upon completion and acceptance of the PROJECT. E. DOWNEY shall pay to SOUTH GATE an amount equal to one hundred percent (100%) of the actual DOWNEY share upon contract completion, and final acceptance of the PROJECT by SOUTH GATE. F. SOUTH GATE agrees to protect, defend and indemnify DOWNEY against any -- claims, liabilities or judgements arising from SOUTH GATE's actions or inactions in carrying out its responsibility under this Agreement. DOWNEY agrees to protect, defend and indemnify SOUTH GATE against any claims, liabilities or judgements arising from DOWNEY's actions or inactions in carrying out its responsibility under this Agreement. G. SOUTH GATE shall require Contractor to protect, indemnify and defend DOWNEY in the manner that SOUTH GATE is indemnified in the contract documents. SOUTH GATE shall require Contractor to name both DOWNEY and SOUTH GATE as additional insureds on all required insurance under the contract documents. H. The parties of this Agreement are the City of South Gate, a municipal corporation, having its principal office at 8650 California Avenue, South Gate, CA 90280 and the City of Downey, a municipal corporation, having its principal office at 11111 Brookshire Avenue, Downey, CA 90241. I. The representatives of the respective parties who are primarily responsible for the administration of this Agreement, and to whom formal notices, demands and communications shall be given, are as follows: The principal representative of the City of South Gate shall be: Efrain Mifo, P.E. City Engineer 8650 California Avenue South Gate, CA 90280 (323) 563 -9537 The principal representative of the City of Downey shall be: Desi Alvarez, P.E. Director of Public Works 11111 Brookshire Avenue P.O. Box 7016 Downey, CA 90241 (562) 904 -7102 r J. This Agreement shall be effective upon execution by SOUTH GATE and DOWNEY and shall continue in full force and effect until July 31, 2001, unless extended by written amendment by the parties hereto. Notwithstanding this Section H, if the construction is in progress on July 31, 2001, the Agreement shall continue in effect until project completion. Further, the obligations and promises of the parties set forth in Sections D, E, F, and G of this Agreement shall survive the termination of this Agreement. K. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. L. This Agreement supersedes all prior proposals, agreements and understandings between the parties and may not be modified or terminated orally, and no modification, termination or attempted waiver of any of the provisions hereof shall be binding unless in writing and signed by both parties. M. This Agreement is covered by the laws of the State of California. Any action must be filed in the Superior or Municipal Court of the Southeast Judicial District, California. IN WITNESS THEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written. CITY OF SOUTH GATE CITY OF DOWNEY Raul Moriel, Mayor Robert Winningham, Mayor ATTEST: ATTEST: Carman Avalos, Cit y Clerk Kathleen Midstokke, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Richard Raynor, City Attorney hard Ra nor Cit Attorne Charles S. Vose, City Attorney