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HomeMy WebLinkAboutItem 12k - City of Irwindale Peck Road Pavement Rhabilitation Project DATE: August 20, 2024 TO: Honorable Mayor and City Council FROM: Paul Cranmer, Public Works Services Director By: Tiffany Lee, Interim Principal Civil Engineer SUBJECT: COOPERATIVE AGREEMENT WITH THE CITY OF IRWINDALE FOR PARTICIPATION IN THE PECK ROAD PAVEMENT REHABILITATION PROJECT IN THE AMOUNT OF $59,000 CEQA: Exempt Recommendation: Approve SUMMARY The City of Irwindale will be reconstructing, resurfacing, and restriping the pavement on Peck Road that belongs to the City of Irwindale. A portion of Peck Road, adjacent to the area of Irwindale’s Project, is located within the boundaries of the City of Arcadia. The City of Irwindale is willing to include Arcadia’s portion as part of their project. The Public Works Services Department (“PWSD”) included a budget in the FY2024-25 Capital Improvement Program (“CIP”) to join the City of Irwindale in the reconstruction of Arcadia’s section of Peck Road. It is recommended that the City Council approve, authorize, and direct the City Manager to enter into a Cooperative Agreement with the City of Irwindale, for participation in the Peck Road Pavement Rehabilitation Project in the amount of $59,000, and approve a 10% contingency. BACKGROUND The PWSD is responsible for the maintenance and repair of approximately 147 miles of paved streets within the City. As part of the City’s Pavement Management Program, the condition of all City streets are inspected and rated on a scale of 0-100. This rating system is called the Pavement Condition Index (“PCI”) and is used to help determine which streets require asphalt pavement rehabilitation. Streets with scores below 40 are ‘failing’, and streets with scores between 40 and 60 are considered in poor/fair condition. According to the Citywide Pavement Management Program, Peck Road from Live Oak Avenue to North City Limits, has a PCI of 20 and needs a full pavement rehabilitation. A copy of the Project Location Map detailing the segment of Peck Road from Live Oak Avenue to North City is attached as Exhibit “A”. City of Irwindale Peck Road Pavement Rehabilitation Project Cooperative Agreement August 20, 2024 Page 2 of 3 DISCUSSION The City of Irwindale notified the City of Arcadia that they will be reconstructing, resurfacing, and restriping the pavement on the portion of Peck Road that belongs to Irwindale. A portion of Peck Road, adjacent to the area of Irwindale’s Project, is located within the boundaries of the City of Arcadia. The City of Irwindale has agreed to include the portion of Peck Road that belongs to the City of Arcadia in their project scope. The City of Irwindale will perform the contract administration, contract inspection and engineering, material testing, and management of the Project. Irwindale is willing to provide these services for Arcadia’s portion as long as the City enters into a Cooperative Agreement with them. The project involves full removal and replacement of the existing asphalt pavement and street striping. Any manholes in the area that need to be adjusted to grade will also be corrected. Following the intended repairs, the condition of the street section should be raised to a PCI of 100. The total cost of the Project including Arcadia’s portion is $1,255,000. The City of Arcadia’s cost would be $59,000. The City of Arcadia budgeted $100,000 in the Fiscal Year 2024-25 Capital Improvement Program budget to join the City of Irwindale in the reconstruction of Arcadia’s section of Peck Road. ENVIRONMENTAL ANALYSIS This project is a Class 1 exemption pursuant to California Environmental Quality Act (“CEQA”) Section 15301, Existing Facilities. Class 1 exemptions consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. FISCAL IMPACT Funds in the amount of $100,000 have been budgeted in the Fiscal Year 2024-25 CIP for pavement rehabilitation of Peck Road. The total cost for Arcadia’s portion of this Pavement Rehabilitation Project is $59,000. With the request for a 10% contingency, the total potential project cost would be $64,900. Therefore, sufficient funds are available for this effort. RECOMMENDATION It is recommended that the City Council determine this project is a Class 1 exemption under the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to enter into a Cooperative Agreement with the City of Irwindale for participation in the Peck Road Pavement Rehabilitation Project in the amount of $59,000, and approve a 10% contingency. City of Irwindale Peck Road Pavement Rehabilitation Project Cooperative Agreement August 20, 2024 Page 3 of 3 Attachments: Exhibit “A” - Project Location Map Cooperative Agreement 01005.0006/382748.1 2023-2024 RESURFACING PROJECT: RESIDENTIAL RESURFACING PHASE III; P-1053 COOPERATIVE AGREEMENT BETWEEN IRWINDALE AND ARCADIA THIS AGREEMENT, dated this ____ day of _________ 2024, for purposes of identification, is made and entered into, by and between the CITY OF ARCADIA, a municipal corporation, hereinafter referred to as “ARCADIA,” and the CITY OF IRWINDALE, a municipal corporation, hereinafter referred to as “IRWINDALE.” ARCADIA and IRWINDALE are sometimes referred to individually as “PARTY” and collectively as “PARTIES” herein. WITNESSETH WHEREAS, IRWINDALE is proposing to reconstruct/resurface and restripe the pavement on Peck Road, Meridian Street, Alice Rodriguez Circle, Ruelas Street and Park Rose Avenue within IRWINDALE city limits (hereinafter the “IRWINDALE PROJECT”); and WHEREAS, a portion of Peck Road adjacent to the area of the IRWINDALE PROJECT is located within the boundaries of the City of Arcadia; and WHEREAS, ARCADIA desires to reconstruct/resurface and restripe the pavement on Peck Road within its boundaries (hereinafter the “ARCADIA PORTION” of the PROJECT); and WHEREAS, IRWINDALE is willing to include the ARCADIA PORTION in the IRWINDALE PROJECT; and WHEREAS, IRWINDALE will be performing contract administration, contract inspection and engineering, material testing and project management for the IRWINDALE PROJECT, and is willing to also provide these services for the ARCADIA PORTION; and WHEREAS, ARCADIA is willing to fund the ARCADIA PORTION of the PROJECT; and WHEREAS, the cost of the PROJECT includes the design, construction contract, contract administration, contract inspection and engineering, material testing and project management for the IRWINDALE PROJECT, including the ARCADIA PORTION; and WHEREAS, the cost of construction of the PROJECT, including portions of ARCADIA, is currently estimated to be $1,255,000; and WHEREAS, the cost for the ARCADIA PORTION of the PROJECT is currently estimated to be $59,000. 01005.0006/382748.1 NOW, THEREFORE, in consideration of the mutual benefits to be derived by IRWINDALE and ARCADIA 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 IRWINDALE and ARCADIA areas identified in this AGREEMENT. b. COST OF CONSTRUCTION CONTRACT as referred to in this AGREEMENT shall consist of 10% of the construction cost for design, the total of all payments to the construction contractor(s) and consultant(s) for the PROJECT; the total of all payments to utility companies or contractor(s) for the relocation of facilities necessary for the construction of PROJECT; and the cost of any additional unforeseen work that is necessary for the construction of the PROJECT in accordance with plans and specifications approved by IRWINDALE and ARCADIA. c. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT shall consist of construction contract administration, 15% of construction cost for construction inspection and materials testing, construction survey, traffic detour, signing and striping, construction engineering, utility relocation and coordination matters, 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 IRWINDALE and ARACADIA. d. COST OF PROJECT as referred to in this AGREEMENT shall consist of the COST OF CONSTRUCTION CONTRACT and CONSTRUCTION ADMINISTRATION costs and all other work necessary to complete PROJECT in accordance with the plans and specifications approved by IRWINDALE and ARCADIA 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. e. Completion of PROJECT as referred to in this AGREEMENT shall be defined as the date of field acceptance of construction of PROJECT by IRWINDALE and a written notification to ARCADIA'S Director of Public Works that the improvements within ARCADIA'S JURISDICTION are transferred to ARCADIA for the purpose of operation and maintenance. 01005.0006/382748.1 2. ARCADIA AGREES: a. To finance ARCADIA'S jurisdictional share of the COST OF PROJECT, the actual amount of which is to be determined by a final accounting, pursuant to Section (4) a. of this AGREEMENT. b. To deposit with IRWINDALE following execution of this AGREEMENT and upon demand by IRWINDALE Fifty-Nine Thousand and 00/100 Dollars ($59,000.00) to finance its estimated jurisdictional share of the COST OF PROJECT (ARCADIA'S PAYMENT), the actual amount of which is to be determined by a final accounting, pursuant to Section (4) a. of this AGREEMENT. IRWINDALE'S demand will consist of a billing invoice prepared by IRWINDALE and delivered to ARCADIA. c. To provide IRWINDALE with conditions for issuance of encroachment, excavation, and construction permit and any other special conditions at the time of plan approval for construction bids so that the permit conditions are fully incorporated into the PROJECT'S plans and specifications so that contractors or any other person in charge of construction shall have no merit or basis to request change in work compensation. d. Upon receipt of permit application from IRWINDALE and approval of construction plans for PROJECT, to issue IRWINDALE any necessary permit(s) authorizing IRWINDALE to construct those portions of PROJECT within ARCADIA'S JURISDICTION at no cost to IRWINDALE. e. To cooperate with IRWINDALE 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. ARCADIA 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 IRWINDALE when necessary to construct, complete, and maintain PROJECT or to appoint IRWINDALE as its attorney-in-fact to exercise such prior rights. f. 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 ARCADIA'S JURISDICTION. 3. IRWINDALE AGREES: a. To include the ARCADIA PORTION of the PROJECT as a part of the IRWINDALE PROJECT and to perform the contract administration, which shall include actual construction, construction inspection and engineering, 01005.0006/382748.1 materials testing, project management and all other work necessary to complete PROJECT. b. To finance IRWINDALE'S jurisdictional share of the COST OF PROJECT. IRWINDALE'S actual share will be determined by a final accounting pursuant to Section (4) a. of this AGREEMENT. c. To accept ARCADIA’S PAYMENT in the amount of Fifty-Nine Thousand and 00/100 Dollars ($59,000.00), to finance ARCADIA’S estimated share of the COST OF PROJECT. d. To solicit PROJECT for construction bids, award and administer the construction contract, perform CONSTRUCTION ADMINISTRATION, do all things necessary and proper to complete PROJECT, and act on behalf of ARCADIA in all negotiations pertaining thereto. e. 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 IRWINDALE'S JURISDICTION. f. To furnish ARCADIA 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. h. To comply with all applicable Federal, State, and local laws, rules, and ordinances in the performance of this AGREEMENT. j. In the event that a preliminary stop notice, stop payment notice, and/or action to enforce a stop payment notice is filed on the PROJECT, to provide ARCADIA with a copy of same within three (3) business days. IRWINDALE shall be responsible for withholding the funds in compliance with Civil Code § 9350 et seq. 4. IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. The final accounting of the actual total COST OF PROJECT shall allocate said total cost among IRWINDALE and ARCADIA based on the jurisdictional share of the street located at the PROJECT. b. That if at final accounting ARCADIA'S jurisdictional share of COST OF PROJECT exceeds ARCADIA'S PAYMENT, as set forth in Section (2) b. of this AGREEMENT, ARCADIA shall upon review and approval of final accounting invoice as described in paragraph (4) d., below, pay to IRWINDALE the additional amount upon demand. Said demand shall consist of a billing invoice prepared by IRWINDALE. Conversely, if ARCADIA'S jurisdictional share of COST OF PROJECT is less than ARCADIA'S 01005.0006/382748.1 PAYMENT, IRWINDALE shall refund the difference to ARCADIA without further action by ARCADIA. c. ARCADIA shall review the final accounting invoice prepared by IRWINDALE and report in writing any discrepancies to IRWINDALE within thirty (30) calendar days after the date of said invoice. Undisputed charges shall be paid by ARCADIA to IRWINDALE within forty-five (45) calendar days after the date of said invoice. IRWINDALE shall review all disputed charges and submit a written justification detailing the basis for those charges within forty- five (45) calendar days of receipt of ARCADIA 'S written report. ARCADIA shall then make payment of the previously disputed charges or submit justification for nonpayment within forty-five (45) calendar days after the date of IRWINDALE'S written justification. d. During construction of PROJECT, IRWINDALE shall furnish an inspector or other representative to perform the functions of an inspector. ARCADIA may also furnish, at no cost to IRWINDALE, an inspector or other representative to inspect construction of PROJECT within ARCADIA 'S JURISDICTION. Said inspectors shall cooperate and consult with each other, but the orders of IRWINDALE inspector to the contractors or any other person in charge of construction shall prevail and be final. e. This AGREEMENT may be terminated, amended or modified only by mutual written consent of ARCADIA and IRWINDALE. Amendments and modifications of a nonmaterial nature may be made by the mutual written consent of the parties' Public Works Services Director, Director of Engineering/Building Official, or their delegates. f. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following: CITY OF ARCADIA CITY OF IRWINDALE Mr. Paul Cranmer Mr. Eddie Chan Public Works Services Director Director of Engineering/Building Official 240 W Huntington Dr 5050 N. Irwindale Ave Arcadia, CA 91007 Irwindale, CA 91706 g. Other than as provided below, neither IRWINDALE nor any officer or employee of IRWINDALE shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of ARCADIA under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of ARCADIA under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, ARCADIA shall fully indemnify, defend, and hold IRWINDALE 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 ARCADIA under or in connection with any work, authority, or jurisdiction 01005.0006/382748.1 delegated to or determined to be the responsibility of ARCADIA under this AGREEMENT. h. Neither IRWINDALE nor any officer or employee of IRWINDALE 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 ARCADIA 'S JURISDICTION or arising from acts or omissions on the part of ARCADIA under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of ARCADIA under this AGREEMENT, including liability under the Comprehensive Environmental, Response, Compensation and Liability Act of 1980 (CERCLA), the California Health and Safety Code or common law. It is understood and agreed pursuant to Government Code Section 895.4, ARCADIA shall fully indemnify, defend, and hold IRWINDALE 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 the California Health and Safety Code Section 25364. i. Other than as provided below, neither ARCADIA nor any officer or employee of ARCADIA shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of IRWINDALE under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of IRWINDALE under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, IRWINDALE shall fully indemnify, defend, and hold ARCADIA 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 IRWINDALE under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of IRWINDALE under this AGREEMENT. j. Neither ARCADIA nor any officer or employee of ARCADIA 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 IRWINDALE'S JURISDICTION or arising from acts or omissions on the part of IRWINDALE under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of IRWINDALE under this AGREEMENT, including liability under the CERCLA, the California Health and Safety Code, or common law. It is understood and agreed pursuant to Government Code Section 895.4, IRWINDALE shall fully indemnify, defend, and hold ARCADIA 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. 01005.0006/382748.1 Section 9607(e), Section 107(e) of the amended CERCLA, and California Health and Safety Code Section 25364. k. If any legal action, or any arbitration or other proceeding is initiated for the enforcement of this AGREEMENT, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this AGREEMENT, the successful or prevailing PARTY shall be entitled to recover reasonable attorneys' fees, witness fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. l. IRWINDALE authorizes its Director of Engineering/Building Official to assign to ARCADIA all of its right, title, and interest in any unelapsed portion of the one-year warranty granted to IRWINDALE by the construction contractor performing the road improvement work within ARCADIA’S JURISDICTION. This assignment is effective following completion of PROJECT. m. Venue shall be in Los Angeles County, California. n. It is not intended by this AGREEMENT to create any third-party beneficiaries herein or to authorize any person not a party to this AGREEMENT to maintain any suit, claim, or action under the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the dates hereinafter respectively set forth. CITY OF ARCADIA By Dominic Lazzaretto, City Manager DATE OF EXECUTION: ATTEST: By Linda Rodriguez, City Clerk APPROVED AS TO FORM: By ___________________________ Michael J. Maurer, City Attorney 01005.0006/382748.1 CITY OF IRWINDALE By Julian Miranda, City Manager DATE OF EXECUTION: ATTEST: By Laura Nieto, Chief Deputy City Clerk APPROVED AS TO FORM: By Adrian Guerra, City Attorney