Loading...
HomeMy Public PortalAboutAgreement_2018-02-08_Los Angeles County_Bridge Preventative Maintenance ProgramMARK PESTRELLA, Director COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through Effective and Caring Service" 900 SOUTH FREMONT AVENUE ALHAMBRA. CALIFORNIA 91803-1331 Telephom:(626) 458-5100 http://dpw.lacomty.gov ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: D-4 February 8, 2018 Mr. Bryan Cook City Manager City of Temple City 9701 Las Tunas Drive Temple City, CA 91780-2249 Dear Mr. Cook: BRIDGE PREVENTIVE MAINTENANCE PROGRAM CITY OF TEMPLE CITY — 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 bfatholl(a)dpw.lacounty.aov. Ve truly y ARK PESTRELLA Director of Public Works BF:aa P:\DDPUBISTRUCTURESBPMP GREEMENTS\TEMPLE CITYIBPMP TEMPLE CITY- EXECUTED AGMT TO CRY.DOC Enc. AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF TEMPLE CITY, 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, it is of general interest to CITY and COUNTY to extend the service life of the Las Tunas Drive over Eaton Wash, Temple City Boulevard over Eaton Wash, Encinita Avenue over Eaton Wash, Lower Azusa Road over Eaton Wash, Freer Street over Arcadia Wash, and Daines Drive over Arcadia Wash bridges; and 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 WHEREAS, COUNTY 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 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 Two Hundred Sixty-four Thousand and 00/100 Dollars ($264,000.00) with Federal funding reimbursement estimated to be Two Hundred Twenty-nine Thousand and 00/100 Dollars ($229,000.00); and WHEREAS, CITY is willing to finance LOCAL SHARE OF COSTS, the non -Federally reimbursable local agency portion of the COST OF PROJECT; and WHEREAS, CITY is willing to finance LOCAL SHARE OF COSTS, currently estimated to be Thirty-five Thousand and 00/100 Dollars ($35,000.00), by depositing Thirty-five Thousand and 00/100 Dollars ($35,000.00) in cash; and 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. Page 1 of 8 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 and the unincorporated areas of the COUNTY. b. PRELIMINARY ENGINEERING as referred to in this AGREEMENT shall consist of environmental findings and approvals/permits; design survey; soils report; traffic index and geometric investigation; preparation of plans, specifications, and cost estimates; right-of-way engineering and certification; utility engineering; and all other necessary work prior to advertising of PROJECT for construction bids. c. COST OF CONSTRUCTION CONTRACT as referred to in this AGREEMENT shall consist of the total of payments to the construction contractor(s) for PROJECT and the total of all payments to utility companies or contractor(s) for the relocation of facilities necessary for the construction of PROJECT. 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, 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 certification, utility engineering, and all other work necessary to complete PROJECT in accordance with the approved plans and specifications 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. Page 2 of 8 f. LOCAL SHARE OF COSTS as referred to in this AGREEMENT shall consist of COST OF PROJECT less any reimbursement received by COUNTY under the National Highway Performance Program and/or Surface Transportation Program. g. Completion 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 electronic notification to CITY'S Director of Public Works/City Engineer that the improvements within CITY'S JURISDICTION are transferred to CITY for the purpose of operation and maintenance. 2) CITY AGREES: a. To finance LOCAL SHARE OF COSTS, the actual amount of which is to be determined by a final accounting, pursuant to paragraph (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 COSTS (hereinafter referred to as CITY'S PAYMENT), currently estimated to be Thirty-five Thousand and 00/100 Dollars ($35,000.00). 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 Las Tunas Drive over Eaton Wash, Temple City Boulevard over Eaton Wash, Encinita Avenue over Eaton Wash, Lower Azusa Road over Eaton Wash, Freer Street over Arcadia Wash, and Daines Drive over Arcadia Wash bridges, as part of the County System of Highways for the limited purpose of constructing PROJECT. d. To grant to COUNTY, at no cost to COUNTY, permission to 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 no -fee permit(s) authorizing COUNTY to construct those 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 negotiations pertaining 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. g. To cooperate with COUNTY in conducting negotiations with and, where appropriate, to issue notices to public utility organizations and owners of Page 3 of 8 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: � 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. Page 5 of 8 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. 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. Bryan Cook City Manager City of Temple City 9701 Las Tunas Drive Temple City, CA 91780-2249 COUNTY: Mr. Mark Pestrella 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 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. 32390 between CITY and COUNTY, adopted by the Board of Supervisors on December 27, 1977, and currently in effect. 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 TEMPLE CITY on ,2 w r , 2017, and by the COUNTY OF LOS ANGELES Director of Public Works on r 2017.2z, I b APPROVED AS TO FORM: MARY C. WICKHAM County Counsel m COUNTY m Director of Pilblic Works CITY OF TEMPLE CITY By City Manager ATTEST: By pa�" erk APPROVED AS TO FOR By ity Attorney COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS HIGHWAY BRIDGE PROGRAM (HBP) BRIDGE PREVENTIVE MAINTENANCE PROGRAM (BPMP) TOTAL PROJECT COST ESTIMATE (TPCE) CITY OF TEMPLE CITY 2/9/17 Preliminary Engineering (PE) Construction Contract Construction Contingency (CONT) - (25% of Construction Contract) Construction Engineering (CE) - (15% of Construction Contract) Total Construction Cost 110,250 106,096 26,524 15,914 148,534 258,784 Liability Surcharge (4% of PE and CE)' 5,047 Total Project Cost Estimate (TPCE) 264,000 Reimbursement HBP - BPMP (88.53% of qualifying2 Project Cost Estimate) (229,000) Total Reimbursement (229,000) Net City Cost (TPCE less Reimbursement) 10% of TPCE 35,000 26,000 Required City Deposit' 35,000 Notes ' Per City -County Assumption of Liability /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