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HomeMy WebLinkAboutC-4006 -: AGE:EEMEN.T . .��d.Q: • : THIS AGREEMENT; :made and entered into by and between the CITY.:OF ARCADIA, 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);.. WITNESSETFI ' . •• •WHEREAS, it:is of general interest to CITY and COUNTY to extend the service •life of the Foothill Boulevard over Santa:Anita Wash, Colorado Boulevard"over Baldwin. , venue, Longden..Avenue.over Santa Anita Wash, Sierra:Madre'Boulevard over:Sierra: Madre•Wash, Live Oak:Avenue over Arcadia'Wash,.Duarte Road over:Arcadia.Wash,' • Huntington Drive over Arcadia Wash, Colorado.Boulevard over Santa Anita Wash,. 2nd venue over Santa Anita Wash and.Syca , t rriore Avenue:over Santa Anita Wash bridges,.: • " . :' • an 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 :. • C willing . .. • WHEREAS COUNTY• � . : is willin to. p erform. 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 Five Hundred:and Ninety-eight Thousand and 00/100. .Dollars. . ($598,000..00) With Federal funding:. reimbursement estimated to be Five :Hundred_ and Twenty-two •Thousand and 00/100 . Dollars ($522,000.00);'and :. :WHEREAS,. CITY ::is willing to .finance LOCAL SHARE OF :COSTS, ..the • non-Federally reimbursable local agency portion of the COST OF PROJECT;and. Vi/HERE AS, CITY.'is:.willing:to finance LOCAL SHARE OF COSTS, currently • estimated to be.Seventy-six Thousand and :00/.100. Dollars ($76,000.00), by depositing Seventy-.six Thousand and 00/100 Dollars ($76,000:00) in cash;'and • Page•1 of 8 . 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.. . • 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 1 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 soils ironmental fin ngs and approvals/pe mite,. design survey; . o port traffic index and geometric investigations preparation Of lans: : : ons, and cost'. estimates .right-Of-way , and specificati g certification;ion; utility engineering and. all other: necessary work prior to :. . e ificat .. . : : advertising of..PROJECT for construction:bids: : • c; COST OF CONSTRUCTION CONTRACT as: . referred : .to in this AGREEMENT . T s:hall::corosist.of. the total 'of a merits to the Co s) for PROJECT and:: the I total of all payments to mu ti i y ntractor( :. . . :. . Y .Utility companies or contractors) for the relocation of facilities necessary for the construction of PROJECT. . . . d. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT consist : of Construction. contract shall con s ti 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 u . • nforeseen 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 pecifications 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, . nght-of-way certification, utility engineering,'g, and all other:work necessary to complete PROJECT in accordance with the approved pP pans and specifications and shall include currently effective percentages added to to tal 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 td. in this: AGREEMENT:shall .. consist of COST Of .PROJECT. less. any reimbursement received by CO 9 COUNTY under.�the .National: Highway Performance. Program .'and/or Surface Tr ansportation.Program. : : . ., 9 .. de Completion'ion: 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 electro is notification CITY'S Director Public Wo rk s/City Engineer that the improvements within CITY'S : 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 toparagraph (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� COS � . . . TS here ft f PAY currently estimated . to( be Seventy six Thousand and 0 00/100 PAYMENT),.. : .. . ; . . . '.. � Dollars .� .($76,0O.O.QO): � 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 Foothill Boulevard over Santa. Anita Wash;:.Colorado . : Boulevard :over Saldnin 'Avenue, Lon den i4ve a :over Santa: Anita : . ash;.Sierra Madre Boulevard over Sierra Madre Wash.,.Live Oak Avenue .Duarte Road over Arcadia Wash, Huntington. Drive over ash; Colorado Boulevardover Santa.'.A " over Arcadia:.Wash,' ver .i4rc�die 1!V Hite Wash,. 2nd Avenue over Santa Anita.Wash, and :Sycamore Avenue over Santa Anita: Wash bridges, as part of the County System of Highways for the limited: P .' urpose of:constructing PROJECT; . . :: . d. .To :grant: to. .COUNTY, .'at no cost to COUNTY; permission o 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 n o fee per mit(s) author izing C®UNTY to construct aho se 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 ne gotiations p ertainin S 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. Page 3 of 8 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, 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: Page 4 of 8 a. The final accounting of the actual total COST OF PROJECT shall include an itemization of unit costs, actual quantities and costs, and - 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. Dominic Lazzaretto City Manager City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 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, or release of any hazardous materials, chemicals, or contaminants present at or stemming from the PROJECT within the CITY'S Page 6 of 8 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. 32046 between CITY and COUNTY, adopted by the Board of Supervisors on December 27, 1977, and currently in effect. 11 11 11 11 11 11 11 11 \\ 11 11 11 11 11 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 ARCADIA on 1 , 2016, and by the COUNTY OF LOS ANGELES Director of Public Works on , 2016. COUNTY OF ANGELES di&By AM rector of P blic Works APPROVED AS TO FORM: MARY C. WICKHAM County ounsel By - . . l Deputy . • CITY OF ARCADIA By City Manager ATTEST: By l/� LAJA.r .. a[ t/ , .! far - . . City C efk - APPROVED AS TO FORM: P By . City Attorney P:l ddpubl Structur eslBPMPIAgreementslArcadialBPMP Arcadia-Coop Agreement.doc Page 8 of 8 G COUNTY OF LOS NGELES DEPARTMENT OF PUBLIC WORKS HIGH ',AY BRIDGE PROGRAM (HIP) BRIDGE PREVENTIVE MAI, TENANCE PROGRAM (BP';1 a") • TOTAL PROJECT COST ESTIMATE(TPCE) CETY OF ACA®tQ e ' 4 :: 4/26/16 Preliminary Engineering(PE) 1 77,625 Construction Contract 293,993 • Construction Contingency(CONT) (25% of Construction.Contract). . 273,498 Construction Engineering(CE)-(15% of Construction Contract) 44,099. ... . ' ,. Total Construction Cost 411,590 589,215 Liability Surcharge (4% of PE and CE)'. 8;869 Total Project Cost Estimate�,�,C�' ... 5989 00 . . .. Reimbursement. HBP-i3PMP(88.53% of qualifying2 Project Cost Estimate) (522,000) . Total,-eamfbuirsemeent (522,000) Net City Cost(TPCE less Re a ;:>ulirsement) 90%of TPCE. Notes • of Liability Per City-County Assumption a i ty/Joint Indemnity Agreement ' :' •2 Excludes any betterments and any costs/rates in excess of Federally approved 3 Net City Cost but not less than 10%of TPCE -� Li sl'- HC � Iu � OJ q COUNTY OF LOS ANGELES Received City of Arcadia + -tc 7�A + DEPARTMENT OF PUBLIC WORKS � 'To Enrich Lives Through Effective and Caring Service" DEC 2016 ai C•IIFORt0" C 900 SOUTH FREMONT AVENUE U A Y MANAGER ALHAMBRA,CALIFORNIA 91803-1331 • GAIL FARBER,Director Telephone:(626)458-5100 http://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA.CALIFORNIA 91802-1460 IN REPLY PLEASE V. REFER TO FILE: D-3 November 22, 2016 DEC, 6 2017 • Mr. Dominic Lazzaretto CFIY OF AF CAD?A City Manager err Y rl-�=t City of Arcadia 240 West Huntington Drive • Arcadia, CA 91007 Dear Mr. Lazzaretto: BRIDGE PREVENTIVE MAINTENANCE PROGRAM CITY OF ARCADIA— COUNTY OF LOS ANGELES COOPERATVE AGREEMENT Enclosed is a fully executed cooperative agreement for the Bridge Preventive Maintenance Program. If you have any questions, your staff may contact Mr. Bahman Fathollahi, Design Division, Structures Section, at (626) 458-7974 or bfatholk dpw.lacountv.gov. Very truly yours GAIL FARBE Director of Public Works DSC:aa P:\DDPUB\STRUCTURES\BPMP\AGREEMENTS\ARCADIA\BPMP ARCADIA-EXECUTED AGMT TO CITY.DOC Enc.