Loading...
HomeMy WebLinkAboutE-05 Staff Report - First Street Pavement Rehabilitation ProjectCONSENT ITEM E-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: JUNE 19, 2017 SUBJECT: AUTHORIZATION TO ENTER INTO A FIRST STREET IMPROVEMENTS COOPERATIVE AGREEMENT WITH THE CITY OF IRWINDALE TO PERFORM STREET IMPROVEMENTS ON FIRST STREET FROM THE WESTERLY CITY BOUNDARY TO IRWINDALE AVENUE SUMMARY: The City of Irwindale is planning a project to perform street improvements on First Street, west of Irwindale Avenue. This road segment is jointly owned and maintained by the cities of Azusa and Irwindale. The City of Irwindale made an offer to collaborate with the City of Azusa by adding Azusa’s portion of the street to the project scope of work. The proposed action will approve a Cooperative Agreement between the cities of Azusa and Irwindale for street improvements on First Street and authorize the City Manager to execute the Cooperative Agreement. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1)Approve the First Street Improvements Project Cooperative Agreement between the cities of Azusa and Irwindale to perform street improvements on First Street from the westerly City boundary to Irwindale Avenue; and 2) Authorize the City Manager to execute the First Street Improvements Project Cooperative Agreement, subject to any non-substantive changes by the City Attorney, on behalf of the City. DISCUSSION: First Street, west of Irwindale Avenue, is jointly owned and maintained by the cities of Azusa and Irwindale. The City of Azusa owns and maintains the southern half of the road while the City of Irwindale owns and maintains the northern half. The City of Irwindale is planning a project to make street improvements on First Street and has expressed its intent to include Azusa’s portion of the street in the overall project scope of work. The attached First Street Improvements Cooperative Agreement APPROVED CITY COUNCIL 6/19/2017 First Street Improvements Project Cooperative Agreement with the City of Irwindale June 19, 2017 Page 2 sets forth the terms of the collective project. Under the terms of this Agreement, the City of Irwindale will act as the lead agency for the project. As lead agency, the City of Irwindale would be responsible for contract administration, construction inspection, and material testing for the entire project. The City of Azusa will fund all items within the Azusa boundary limits. The City of Azusa portion of the project is currently estimated at $155,000. Although the City of Irwindale will act as the lead agency, the City of Azusa will be involved during construction. Both Cities will consult frequently during construction and the City of Azusa will have authority with potential change orders for the City of Azusa portion of the project. FISCAL IMPACT: The estimated costs for the City’s portion of the project are $155,000. The project will be funded with Measure R funds. The measure R available fund balance as of June 12, 2017 is $1,073,484.54, and staff will prepare a budget amendment upon council approval. Prepared by: Fiscal Impact Reviewed by: Daniel Bobadilla, P.E. Talika M. Johnson Director of Public Works/City Engineer Director of Finance Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Troy L. Butzlaff, ICMA-CM Management Analyst City Manager Attachment: 1) First Street Improvements Project Cooperative Agreement 01005.0006/382748.1 2016-2017 FIRST STREET RESURFACING PROJECT COOPERATIVE AGREEMENT THIS AGREEMENT, dated this ____ day of _________ 2017, for purposes of identification, is made and entered into , by and between the CITY OF IRWINDALE, a municipal corporation, hereinafter referred to as “IRWINDALE”, and the CITY OF AZUSA, a municipal corporation, hereinafter referred to as “AZUSA”. IRWINDALE and AZUSA are sometimes referred to individually as “PARTY” and collectively as “PARTIES” herein. WITNESSETH WHEREAS, IRWINDALE is contemplating the resurfacing of the pavement on First Street from Irwindale Avenue to Martin Road in the City of Irwindale (hereinafter the “IRWINDALE PROJECT”); and WHEREAS, a portion of First Street adjacent to the area of the IRWINDALE PROJECT is located within the boundaries of the City of AZUSA; and WHEREAS, AZUSA desires to reconstruct/resurface the pavement on First Street within its boundaries (hereinafter the “AZUSA PORTION” of the PROJECT); and WHEREAS, IRWINDALE is willing to include the AZUSA PORTION in the IRWINDALE PROJECT; and WHEREAS, IRWINDALE will be performing contract administration, contract inspection and engineering, material testing and construction survey for the IRWINDALE PROJECT, and is willing also to provide these servi ces for the AZUSA PORTION; and WHEREAS, AZUSA is willing to fund the AZUSA PORTION of the PROJECT; and WHEREAS, the cost of the PROJECT includes the construction contract, contract administration, contract inspection and engineering, material testing and construction survey for the IRWINDALE PROJECT, including the AZUSA PORTION; and WHEREAS, the cost of construction of the IRWINDALE PROJECT, including the AZUSA PORTION, is currently estimated to be $450,000.00; and WHEREAS, the cost of construction of the AZUSA PORTION is currently estimated to be $155,000.00. NOW, THEREFORE, in consideration of the mutual benefits to be derived by IRWINDALE and AZUSA and of the promises herein contained, it is hereby agreed as follows: 01005.0006/382748.1 1. DEFINITIONS: COST OF PROJECT, as referred to in this agreement, shall consist of the costs of the construction contract, required material, detour, final signing and striping, construction inspection and engineering, construction survey, utility relocation, contract administration, including actual construction, and all other work necessary to construct the PROJECT in accordance with approved plans . COST OF PROJECT shall also include currently effective percentages added to total wages and equipment costs to cover overhead, administration and the depreciation in connection with any or all of the aforementioned items. COST OF PROJECT shall additionally include the total of all payments to the contractor for the PROJECT and payments to utility companies for contracts for the relocation of facilities necessary for the construction of the PROJECT. 2. IRWINDALE AGREES: a. To include the AZUSA PORTION as a part of the IRWINDALE PROJECT and to perform the contract administration, which shall include actual construction, construction inspection and engineering, materials testing and construction survey for the PROJECT. IRWINDALE shall prepare the construction contract to distinguish between the COST OF PROJECT for the IRWINDALE PROJECT and the COST OF PROJECT for the AZUSA PORTION. b. To use plans and specifications furnished by IRWINDALE for the AZUSA PORTION in advertising for construction bids and awarding a construction contract, and to obtain AZUSA’S approval of the estimated COST OF PROJECT for the AZUSA PORTION based on the plans and construction contract. c. In compliance with all applicable law, to advertise the PROJECT for construction bids, to award and to administer the construction contract for the PROJECT, and to act on behalf of AZUSA in all negotiation s pertaining thereto. IRW INDALE will consult with AZUSA prior to award of the contract for the PROJECT and will consult with AZUSA every two weeks during the administration of the construction of the PROJECT . Additionally, prior written consent from AZUSA shall be required prior to authorization of change orders for the AZUSA PORTION of the COST OF PROJECT; provided that AZUSA’s determination on any change order occurs no more than two (2) business days, unless further time is requested by AZUSA, of IRWINDALE’s request for such authorization. d. To furnish AZUSA, within sixty (60) calendar days after final payment to construction contractor for PROJECT, a final accounting of the total COST OF PROJECT and the AZUSA PORTION, including an itemization of actual unit costs and actual quantities for the PROJECT and for the AZUSA PORTION. 01005.0006/382748.1 3. AZUSA AGREES: a. To deposit with IRWINDALE, following the opening of construction bids for the PROJECT and within 10 days of a demand by IRWINDALE, sufficient funds to pay for the AZUSA PORTION of the PROJECT, as determined based upon the approved plans for the AZUSA PORTION of the PROJECT and the lowest responsive, responsible bid for the PROJECT , currently estimated to be $155,000.00. Said demand will consist of a billing invoice prepared by IRWINDALE. b. To appoint IRWINDALE as AZUSA’S attorney-in-fact for the purpose of representing AZUSA in all negotiations pertaining to the advertisement of PROJECT for construction bids, award and administration of the construction contract and in all things proper to complete the PROJECT, provided that IRWINDALE’S actions are in compliance with this agreement. IRWINDALE will consult with AZUSA prior to award of the PROJECT and will consult with AZUSA every two weeks during the administration of the construction of the PROJECT. Additionally, prior written consent from AZUSA shall be required prior to authorization of any change orders for the AZUSA PORTION of the COST OF PROJECT; provided that AZUSA’s determination on any change order occurs no more than two (2) busin ess days, unless further time is requested by AZUSA, of IRWINDALE’s request for such authorization. c. To grant to IRWINDALE any licenses necessary for the construction of PROJECT, at no cost to IRWINDALE, to the extent not already provided by law. d. Upon approval of plans for the AZUSA PORTION of the PROJECT, AZUSA will issue IRWINDALE a no-fee permit(s) authorizing IRWINDALE to construct the AZUSA PORTION of the PROJECT within the AZUSA highway right of way, provided, however, that IRWINDALE complies with all permit conditions. 4. IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. If at the final accounting, the amount of the AZUSA funds due to IRWINDALE exceeds AZUSA’S deposit, as set forth in paragraph 3 (a), AZUSA shall pay to IRWINDALE the additional amount within thirty (30) days of the date IRWINDALE furnishes AZUSA with the final accounting. Said demand will consist of a billing invoice prepared by IRWINDALE. Conversely, if the required AZUSA’S funds are less than said deposit, IRWINDALE shall refund the difference to AZUSA within thirty (30) days of the date IRWINDALE furnishes AZUSA with the final accounting. 01005.0006/382748.1 b. IRWINDALE shall draft the construction contract for the PROJECT to allow for the AZUSA PORTION to be deleted from the PROJECT without penalty if AZUSA does not approve the AZUSA PORTION of the COST OF PROJECT or otherwise decides not to participate in the PROJECT prior to the commencement of work on the AZUSA PORTION. If AZUSA’S payment, as set forth in paragraph 3 (a), is not delivered to IRWINDALE, at the address specified in the billing invoice prepared by IRWINDALE 21 days after award of the PROJECT, IRWINDALE will delete the AZUSA PORTION of the PROJECT from the PROJECT, after giving notice to AZUSA of IRWINDALE’S intention to do so. A decision by AZUSA not to authorize construction of the AZUSA PORTION shall not be deemed breach of this agreement provided that AZUSA promptly reimburses IRWINDALE for costs expended on the AZUSA PORTION prior to AZUSA’s notification of IRWINDALE of AZUSA’s decision not to authorize construction of the AZUSA PORTION. c. During construction of the PROJECT, IRWINDALE may utilize an engineering consultant team that includes a licensed Civil Engineer and a construction inspector or other representative to perform the function of the Resident Engineer and inspector. d. This AGREEMENT may be amended or modified only by mutual written consent of AZUSA and IRWINDALE. Amendments and modifications of a non-material nature may be by the mutual written consent of the respective parties’ Director of Public Works or their delegates provided that the individuals have the signing authority to bind the respective parties to the modification . e. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following: Design cost AZUSA IRWINDALE City of AZUSA City of IRWINDALE Attention: Director of Public Works Attention: Director of Public Works 213 E. Foothill Blvd. 5050 N. Irwindale Ave. AZUSA, CA 91702 IRWINDALE, CA 91706 Either party may, by notice to the other party, change the address specified above. Service of notice or communication shall be complete, if personally d elivered, or five (5) days after deposit of said notice or communication in the U.S. mail. f. 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 AZUSA under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of AZUSA under this AGREEMENT. It is also 01005.0006/382748.1 understood and agreed that, pursuant to Government Code, Section 895.4, AZUSA 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 AZUSA under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of AZUSA under this AGREEMENT and for all claims, suits or actions brought forth under any theory or assertions of liability occurring by reason of anything done or omitted to be done by AZUSA under or in connection with any work, authority or jurisdiction conferred upon AZUSA or arising under this AGREEMENT. g. Neither AZUSA nor any officer or employee of AZUSA 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 AZUSA 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 and for all claims, suits or actions brought forth under any theory or assertions of liability occurring by reason of anything done or omitted to be done by IRWINDALE under or in connection with any work, authority or jurisdiction conferred upon IRWINDALE or arising under this AGREEMENT. h. 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. i. Venue shall be in Los Angeles County, California. j. The PARTIES understand, acknowledge and agree that the Recitals are true and correct, and are hereby incorporated into this AGREEMENT. k. This AGREEMENT may be terminated by the written mutual consent of both PARTIES. 01005.0006/382748.1 l. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to, or rights in, third-parties not parties to this AGREEMENT, or affect the legal liability of the PARTIES to this AGREEMENT by imposing any standard of care respecting the design, construction or maintenance of the PROJECT different from the standard of care imposed by law. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the dates hereinafter respect ively set forth. CITY OF IRWINDALE By John Davidson, City Manager DATE OF EXECUTION: ATTEST: Laura M. Nieto, CMC, Deputy City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney CITY OF AZUSA By Troy L. Butzlaff, ICMA-CM, City Manager DATE OF EXECUTION: ATTEST: By Jeffrey Lawrence Cornejo Jr., City Clerk APPROVED AS TO FORM: By Best Best & Krieger LLP, City Attorney