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