Loading...
HomeMy WebLinkAboutE-7 Staff Report - LA County DPW Co-op AgreementCONSENT ITEM E-7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: APRIL 5, 2021 SUBJECT: CONSIDERATION TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS FOR THE CONSTRUCTION OF THE ARROW HIGHWAY RAISED MEDIAN ISLANDS PROJECT NO. HSIPL-5112(019) BACKGROUND: The City was awarded a grant from the California Department of Transportation (Caltrans) for the Arrow Highway Raised Median Islands Project through the Federal Highway Safety Improvement Program (HSIP). This project proposes to improve traffic and pedestrian safety by constructing raised median islands on Arrow Highway from Azusa Avenue to Citrus Avenue. This action will authorize the Mayor to execute a Cooperative Agreement with the County of Los Angeles Department of Public Works for the construction of the Arrow Highway Raised Median Islands Project No HSIPL-5112(019). RECOMMENDATION: Staff recommends the City Council take the following action: 1) Authorize the Mayor to execute a Cooperative Agreement with the County of Los Angeles Department of Public Works for a not to exceed amount of $235,000 for the construction of the Arrow Highway Raised Median Islands Project. ANALYSIS: The City was awarded a grant from Caltrans, through HSIP, for the City’s Arrow Highway Raised Median Islands Project. The proposed project will incorporate hardscaped raised median islands along Arrow Highway from Azusa Avenue to Citrus Avenue. This project is expected to improve the overall safety along a corridor with high vehicle and pedestrian volumes. These improvements will reduce traffic collisions and improve traffic and pedestrian safety. Other improvements may include repairs to curb and gutter, curb ramps, driveways, sidewalk, and striping. In addition, the project will offer an APPROVED CITY COUNCIL 4/5/2021 Arrow Highway Raised Median Islands Project – Cooperative Agreement April 5, 2021 Page 2 opportunity to provide aesthetic enhancements with the installation of landscape and/or hardscape within the median islands. There are various segments throughout the project that fall within the unincorporated area of Azusa which is maintained the County of Los Angeles Department of Public Works. By entering into this cooperative agreement, the City of Azusa is acting as the lead agency for the project and the County will be providing payment for those improvements made within their jurisdiction. FISCAL IMPACT: The cooperative agreement is for the construction of the improvements within the County of Los Angeles Department of Public Works right-of-way. The estimated cost for construction of those improvements is $235,000. Any increases related to the construction of the project will be reflected in an amendment to the proposed cooperative agreement. There is no fiscal impact to the City as a result of this agreement. Prepared by: Fiscal Impact Reviewed by: Robert Delgadillo, P.E. Talika M. Johnson Director of Public Works/City Engineer Director of Finance Reviewed and Approved: Sergio Gonzalez City Manager Attachments: 1) Cooperative Agreement COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS “To Enrich Lives Through Effective and Caring Service” 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 http://dpw.lacounty.gov March 16, 2021 MARK PESTRELLA, Director ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE:CS-0 Mr. Robert Delgadillo Director of Public Works City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 Dear Mr. Delgadillo: ARROW HIGHWAY RESURFACING AND HIGHWAY SAFETY IMPROVEMENT PROJECT FROM 500 FEET WEST OF AZUSA AVENUE TO CITRUS AVENUE PROPOSED CITY OF AZUSA – COUNTY OF LOS ANGELES COOPERATIVE AGREEMENT Enclosed for your consideration are three originals of the proposed cooperative agreements for the Arrow Highway Resurfacing and Highway SafetyImprovement Project from 500 feet west of Azusa Avenue to Citrus Avenue, jurisdictionally shared between the Cities of Azusa and Covina, and the County. The proposed project will include pavement rehabilitation, sidewalk improvements, and construction of new median islands with landscape improvements. The proposed cooperative agreement was prepared based on discussions between our respective staffs. It provides for the City to perform the preliminary engineering and administer the construction contract of the project with the City and the County to finance their respective jurisdictional shares of the project cost. The total project cost is estimated to be $1,777,000 with the County's share estimated to be $235,000. Under the terms of the proposed cooperative agreement, the County will finance its share by depositing $235,000 in cash funds with the City. The County's actual share will be based upon a final accounting after completion of the project. If this proposed cooperative agreement is satisfactory, please present it to your duly authorized officials for approval. Upon approval, please return three original agreements to us for further action. After final approval by the Board, we will return a fully executed City original to you. Attachment 1 Mr. Robert Delgadillo March 16, 2021 Page 2 If you have any questions, please contact Mr. James Yang of our Community Services Group at (626) 458-5921 or jyang@dpw.lacounty.gov. Very truly yours, MARK PESTRELLA Director of Public Works ROSSANA G. D'ANTONIO Deputy Director JY:cj P:\TPPPUB\CITY\CITIES-UNINC AREAS\SAN GABRIEL VALLEY CITIES\AZU\ARROW HIGHWAY\ARROW HIGHWAY - TL.DOCX Enc. cc: Supervisor Hilda L. Solis, Chair (Waqas Rehman) Page 1 of 11 AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF AZUSA, 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): WITNESSETH WHEREAS, Arrow Highway is on the Highway Element of CITY and City of Covina's General Plan and on COUNTY'S Highway Plan; and WHEREAS, CITY, City of Covina, and COUNTY propose to construct new medians with landscaping and improve the roadway pavement of the following segment, which is jurisdictionally shared between CITY, City of Covina, and COUNTY: Segment Scope of Work Thomas Guide Length (miles) Jurisdiction Shared Arrow Highway from 500 feet west of Azusa Avenue to Citrus Avenue Pavement rehabilitation, sidewalk improvements, and new medians with landscape improvements 598-J2 to 599-B2 1.2 CITY, City of Covina, and COUNTY WHEREAS, the work will consist of construction of raised medians with landscaping, construction of left turn pockets, construction of curb access ramps, revised signage and striping, resurfacing of the roadway, and reconstruction of damaged sidewalks; and WHEREAS, the aforementioned work is included in a CITY-administered project named Arrow Highway Resurfacing and Highway Safety Improvement Project (hereinafter referred to as PROJECT); and WHEREAS, PROJECT is within the geographical boundaries of CITY, City of Covina, and COUNTY; and WHEREAS, PROJECT is of general interest to CITY, City of Covina, and COUNTY; and WHEREAS, CITY is willing to perform or cause to be performed the PRELIMINARY ENGINEERING, solicitation of construction bids and award of construction contract, and CONTRACT ADMINISTRATION for the PROJECT; and Page 2 of 11 WHEREAS, the 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, CITY, City of Covina, and COUNTY are willing to finance their respective shares of the COST OF PROJECT within their JURISDICTIONS; and WHEREAS, COST OF PROJECT is currently estimated to be One Million Seven Hundred Seventy-Seven Thousand and 00/100 Dollars ($1,777,000.00) with CITY'S estimated jurisdictional share being One Million Five Hundred Ten Thousand and 00/100 Dollars ($1,510,000.00), City of Covina's estimated jurisdictional share being Thirty-Two Thousand and 00/100 Dollars ($32,000.00) and COUNTY'S estimated share being Two Hundred Thirty-Five Thousand and 00/100 Dollars ($235,000.00); and WHEREAS, CITY has obtained a Federal Highway Safety Improvement Project (HSIP) grant for work associated with median and landscaping improvements of the PROJECT through the California Department of Transportation in the amount of Five Hundred Forty-Five Thousand and 00/100 Dollars ($545,000.00); and WHEREAS, a separate agreement between CITY and City of Covina is being executed to cover the portion of PROJECT within CITY OF COVINA's JURISDICTION; and WHEREAS, such a proposal is authorized and provided for by the provision of Section 23004, et seq. of the Government Code and Section 1710 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 area within the geographical boundary of the CITY, City of Covina, and the unincorporated COUNTY areas identified in this AGREEMENT. b. PRELIMINARY ENGINEERING as referred to in this AGREEMENT shall consist of environmental findings and approvals/permits; design survey; soils report; traffic index and geotechnical investigation; preparation of plans, specifications, and cost estimates; right-of-way engineering; utility engineering; and all other necessary work prior to advertising of PROJECT for construction bids. Page 3 of 11 c. COST OF CONSTRUCTION CONTRACT as referred to in this AGREEMENT shall consist of the total of all payments to the construction contractor(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 CITY, City of Covina, and COUNTY. d. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT shall consist of construction contract administration, construction inspection, 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 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; right-of-way acquisition and clearance matters; and all other work necessary to complete PROJECT in accordance with the plans and specifications approved by the CITY and the COUNTY 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. f. Completion of PROJECT as referred to in this AGREEMENT shall be defined as the date of field acceptance of construction of PROJECT by CITY and a written notification to COUNTY'S Director of Public Works that the improvements within COUNTY'S JURISDICTION are transferred to COUNTY for the purpose of operation and maintenance. (2) COUNTY AGREES: a. To finance COUNTY'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., on page 5. Page 4 of 11 b. To deposit with CITY following execution of this AGREEMENT and upon demand by the CITY Two Hundred Thirty-Five Thousand and 00/100 Dollars ($235,000.00) to finance its estimated jurisdictional share of the COST OF PROJECT (COUNTY'S PAYMENT), the actual amount of which is to be determined by a final accounting, pursuant to Section (4) a., on page 5. CITY's demand will consist of a billing invoice prepared by CITY and delivered to COUNTY. c. To provide CITY 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 to request change in work compensation. d. Upon receipt of permit application from CITY and approval of construction plans for PROJECT, to issue CITY any necessary permit(s) authorizing CITY to construct those portions of PROJECT within COUNTY'S JURISDICTION at no cost to CITY. e. To cooperate with the CITY 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. COUNTY 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 CITY when necessary to construct, complete, and maintain PROJECT or to appoint CITY 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 COUNTY'S JURISDICTION. g. Upon completion of PROJECT and after receiving written notification from CITY to maintain in good condition and at COUNTY'S expense all pavement and sidewalk improvements constructed as part of PROJECT within COUNTY'S JURISDICTION. Page 5 of 11 (3) CITY 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 finance CITY'S jurisdictional share of the COST OF PROJECT and all medians and landscaping improvements constructed as part of PROJECT within COUNTY'S JURISDICTION, for all costs not covered by the HSIP grant, CITY'S actual share will be determined by a final accounting pursuant to Section (4) a., on page 5. c. To accept COUNTY'S PAYMENT in the amount of Two Hundred Thirty-Five Thousand and 00/100 Dollars ($235,000.00), to finance COUNTY’S estimated share of the COST OF PROJECT. d. To obtain COUNTY'S approval of plans for PROJECT prior to solicitation for construction bids. e. 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 COUNTY in all negotiations pertaining thereto. 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 CITY'S JURISDICTION. g. To furnish COUNTY 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. Upon completion of PROJECT, to maintain in good condition and at CITY'S expense, all improvements constructed as part of PROJECT within CITY'S JURISDICTION and all median and landscaping improvements constructed as part of PROJECT within COUNTY'S JURISDICTION. i. To comply with all applicable Federal, State, and local laws, rules, and ordinances in the performance of this AGREEMENT. Page 6 of 11 j. In the event that a preliminary notice, stop payment notice, and/or action to enforce a stop payment notice is filed on the PROJECT, to provide COUNTY with a copy of same within three (3) business days. CITY 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 between CITY, City of Covina, and COUNTY based on the location of the improvements and/or work done except all median and landscaping improvements constructed in County jurisdiction as part of PROJECT. Thus, the cost of all work or improvements (including all engineering, administration, and all other costs incidental to PROJECT work) located within CITY'S JURISDICTION and the cost of all median and landscaping improvements constructed in County jurisdiction as part of PROJECT shall be borne by CITY. Such costs constitute CITY'S jurisdictional share of the COST OF PROJECT. The cost of all work or improvements, except all median and landscaping improvements constructed in County jurisdiction as part of PROJECT, including all engineering, administration, and all other costs incidental to PROJECT work located within COUNTY'S JURISDICTION shall be borne by COUNTY. b. On the basis of the scope of work for the PROJECT within COUNTY'S JURISDICTION as identified in this AGREEMENT, COUNTY'S jurisdictional share of the cost of PRELIMINARY and CONSTRUCTION ADMINISTRATION is defined as COUNTY'S actual jurisdictional share of the cost of PRELIMINARY ENGINEERING and CONSTRUCTION ADMINISTRATION as provided for in paragraph (4) a., above or forty percent (40%) of the COST OF CONSTRUCTION CONTRACT, whichever is less. c. That if at final accounting COUNTY'S jurisdictional share of COST OF PROJECT exceeds COUNTY'S PAYMENT, as set forth in Section (2) b. on page 3, COUNTY shall upon review and approval of final accounting invoice as described in paragraph (4) d., below, pay to CITY the additional amount upon demand. Said demand shall consist of a billing invoice prepared by CITY. Conversely, if the COUNTY's jurisdictional share of COST OF PROJECT is less than COUNTY'S Payment, CITY shall refund the difference to COUNTY without further action by COUNTY. Page 7 of 11 d. COUNTY shall review the final accounting invoice prepared by CITY and report in writing any discrepancies to CITY within sixty (60) calendar days after the date of said invoice. Undisputed charges shall be paid by COUNTY to CITY within sixty (60) calendar days after the date of said invoice. CITY shall review all disputed charges and submit a written justification detailing the basis for those charges within sixty (60) calendar days of receipt of COUNTY'S written report. COUNTY shall then make payment of the previously disputed charges or submit justification for nonpayment within sixty (60) calendar days after the date of CITY'S written justification. e. During construction of PROJECT, CITY shall furnish an inspector or other representative to perform the functions of an inspector. COUNTY may also furnish, at no cost to CITY, an inspector or other representative to inspect construction of PROJECT within COUNTY'S JURISDICTION. Said inspectors shall cooperate and consult with each other, but the orders of CITY inspector to the contractors or any other person in charge of construction shall prevail and be final. f. This AGREEMENT may be terminated, amended or modified only by mutual written consent of CITY and COUNTY. Amendments and modifications of a nonmaterial nature may be made by the mutual written consent of the parties' Directors of Public Works/City Engineer or their delegates. g. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following: CITY: Mr. Robert Delgadillo Director of Public Works City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 COUNTY: Mr. Mark Pestrella Director of Public Works County of Los Angeles Department of Public Works P.O. Box 1460 Alhambra, CA 91802-1460 Page 8 of 11 h. Other than as provided below, neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend, and hold CITY 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 COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. i. Neither CITY nor any officer or employee of CITY 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 COUNTY'S JURISDICTION or arising from acts or omissions on the part of the COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of the COUNTY 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, COUNTY shall fully indemnify, defend, and hold CITY 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. j. 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. Page 9 of 11 k. 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 and City of Covina's 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 CERCLA, the California Health and Safety Code or common law. 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 arising from CITY'S and City of Covina's jurisdiction. 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. l. In contemplation of the provision 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 provision of Section 2778 of the California Civil Code is made a part hereof as if incorporated herein. m. The provisions of this AGREEMENT shall supersede and control over any provisions inconsistent herewith in the Assumption of Liability Agreement 32382 between CITY and COUNTY, adopted by the Board of Supervisors on November 14, 1977, and currently in effect. n. That the CITY authorizes the City Engineer to assign to the COUNTY all of its right, title, and interest in any unelapsed portion of the one-year warranty granted to the CITY by the construction contractor performing the road improvement work. This assignment is effective following completion of PROJECT. Page 10 of 11 o. Venue for any litigation shall be Los Angeles County, California, or in the United States District Court for the Central District of California. No term, covenant or condition of this AGREEMENT shall be deemed to have been waived by CITY or COUNTY unless in writing. This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument. Each person executing this AGREEMENT hereby represents and warrants (i) their authority to do so, and (ii) that such authority has been duly and validly conferred. p. 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. // // // // // // // // // // // // // // // // // // // // // // / // // // // Page 11 of 11 IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized by the CITY OF AZUSA on _____________________, 2021, and by the COUNTY OF LOS ANGELES Director of Public Works on ________________________, 2021. COUNTY OF LOS ANGELES By _____________________________ Chair, Board of Supervisors ATTEST: CELIA ZAVALA Executive Officer of the Board of Supervisors of the County of Los Angeles By Deputy APPROVED AS TO FORM: RODRIGO A. CASTRO-SILVA County Counsel By Deputy CITY OF AZUSA By Mayor Date: ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney P:\TPPPUB\CITY\CITIES-UNINC AREAS\SAN GABRIEL VALLEY CITIES\ AZU\ARROW HIGHWAY\2021-03-04 ARROW HIGHWAY_AGREEMENT.DOCX