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HomeMy WebLinkAboutResolution No. 07-7004 - Establish Imperial Hwy. Bridge as part of L.A. County System of Highways( RESOLUTION NO. 07-7004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONSENTING TO THE ESTABLISHMENT OF THE IMPERIAL HGIHWAY BRIDGE OVER THE SAN GABRIEL RIVER, WITHIN THE CITY OF DOWNEY, AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES. WHEREAS, the County of Los Angeles Board of Supervisors on April 3, 2007 duly adopted a Resolution declaring Imperial Highway Bridge over San Gabriel River in the Cities of Downey and Norwalk to be a part of the County System of Highways for the purpose of performing a seismic safety retrofit of the bridge at the aforementioned location, as provided in Sections 1700-1702 inclusive of the Streets and Highways Code of the State of California; and WHEREAS, said Board of Supervisors by said Resolution requested this Council to give its consent to allow the County to perform seismic safety retrofit of the Bridge (the Retrofit Work), within the City of Downey; and WHEREAS, it is the intent of the County of Los Angeles Board of Supervisors to perform the Retrofit Work, provided the consent of the governing body of the City shall first be given under the terms herein. ( NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City of Downey does hereby consent to include Imperial Highway Bridge over San Gabriel River as part of the System of Highways of the County of Los Angeles as provided in Sections 1700-1704 inclusive of the Streets and Highways Code of the State of California, for the limited purpose of performing a seismic safety retrofit of the Bridge at this location SECTION 2. That the City of Downey shall fully indemnify, defend, and hold the County of Los Angeles harmless in connection with the City's responsibility under Section 3. below, in addition to any and all claims, liability, injury (as defined by Government Code Section 810.8) or damage relating to the Bridge that is not caused directly by County's Retrofit Work. SECTION 3. The City will remain the owner of the Bridge and remain responsible for all roadway maintenance activities and for any damage or liability occurring by reason of any roadway condition on the portion of Imperial Highway Bridge over San Gabriel River prior to the start of construction by the County or following the completion and field acceptance of said construction. Following completion of construction and County's field acceptance of the Retrofit Work, the City accepts ownership and full responsibility for all roadway maintenance, including relating to the Retrofit Work. ( SECTION 4. The City does hereby consent to adopt and concurs with the environmental findings pursuant to the California Environmental Quality Act that have been adopted by the County in connection with the Retrofit Work. RESOLUTION NO. 07-7004 PAGE TWO SECTION 5. The County hereby assigns all of its right, title, and interest to the un- lapsed portion of a one-year warranty granted to the County by the construction contractor performing the Retrofit Work following completion of construction of the Retrofit Work and field acceptance of said construction by County. The City of Downey agrees to accept said assignment as its sole remedy against the County in connection with defects relating to said Retrofit Work. APPROVED AND ADOPTED this 10th day oF July, 2007. RICK TREJO, Mayor ATTEST: '%tAb@>V. yHAM-y KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 10th day of July, 2007, by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN: 5 Council Members: Bayer, Cartozian, Gafin, Guerra, Mayor Trejo 0 Council Member: None 0 Council Member: None 0 Council Member: None KATHLEEN L. MIDSTOKKE, City Clerk