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