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CC - Item 6D - Proposed City of Rosemead/County of Los Angeles Cooertive Agreement - Bridge Preventive Maintenance ProgramROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGER ,c\ DATE: DECEMBER 12, 2017 SUBJECT: PROPOSED CITY OF ROSEMEAD/COUNTY OF LOS ANGELES COOPERATIVE AGREEMENT — BRIDGE PREVENTIVE MAINTENANCE PROGRAM SUMMARY On September 19, 2008, the County of Los Angeles Department of Public Works received Federal funding through the California Department of Transportation (Caltrans) to develop and prepare a comprehensive Bridge Preventive Maintenance Program (BPMP) for approximately 1,064 bridges located in 68 cities within the County and unincorporated County areas. The implementation of this BPMP will extend the service life of these bridges at a reduced cost by correcting minor structural deficiencies before they become more costly repair. On May 31, 2016, City staff took advantage of the opportunity to participate in the BPMP and initiated the process by submitting a service request for all 13 City bridges to the County. Under the BPMP, the following services are provided: Perform preliminary engineering in compliance with California Department of Transportation (Caltrans) and Federal Highway Administration (FHWA) standards; seek reimbursement from Caltrans; credit reimbursement to the City; provide a final accounting cost; prepare a cooperative agreement for construction, preparation of plans, specifications, and cost estimates; right-of-way engineering, utility engineering, and other work necessary to solicit construction bids; award and administer the construction contract; and, do all things necessary and proper to complete the project and act on behalf of City in all negotiations pertaining thereto. Out of the 13 bridges, 7 were found eligible to be included in the BPMP. In order to move forward with these 7 bridges, the City must enter into a cooperative agreement with County of Los Angeles and agree to a local share cost of $75,000. DISCUSSION The County of Los Angeles Department of Public Works inspects the City's National Bridge Inventory per an agreement with Caltrans. Each state is required to perform these inspections as set forth in Title 23, Part 650 of Subpart C of the Federal Code of Regulations, National Bridge Inspection Standards (NBIS). As directed by Caltrans, bridges are inspected on a 24 -month, 48 - month, or 72 -month cycle, depending on the bridge condition and type of structure. These inspections are as follows: qq ITEM NUMBER:.... 1{ City Council Meeting December 12, 2017 Page 2 of 3 Routine Inspection Routine Inspections consist of both the initial Inventory Inspection (the first inspection of the bridge, which places it in the bridge inventory or when there has been a change in the configuration of the structure), and subsequent regularly scheduled inspections. The subsequent regularly scheduled inspections consist of observations, measurements needed to determine the physical and functional condition of the bridge, identifying any changes from previously recorded conditions, and verification of its load capacity. Fracture Critical, Special Feature & Underwater Inspection Fracture Critical, Special Feature, and Underwater Inspections are up -close, hands-on inspections of one or more members above or below the water level to identify any deficiencies not readily detectable using Routine Inspection procedures. Other Inspections Other inspections are conducted on damaged structures, structures that have developed specific problems, or structures suspected of developing problems. The scope of these investigations should be sufficient to determine the need for emergency load restrictions or closure of the structure, monitor a changing condition, and to assess the level of effort necessary to effect repair. The City received a copy of each bridge inspection report. Some of the deficiencies indicated on the report included broken sidewalk, painting, deck and roadway repair, rail repair, repaint steel girders, bearing assemblies, etc. While the report does not include a check of the safe load capacity, it does verify that the structural conditions observed during inspection are consistent with those assumed in that analysis. The inspections are conducted by the County of Los Angeles Department of Public Works and the City is responsible for the operation, maintenance, repair, or replacement of these bridges, as necessary. In 2008, the County of Los Angeles Department of Public Works received Federal funding through Caltrans to develop and prepare a comprehensive BPMP for a number of bridges throughout the County, including the unincorporated areas. The City agreed to have the bridges within our community, included as part of the BPMP. Out of the 13 bridges within Rosemead, 7 bridges were eligible for the program (as shown below). Item Bride Location 1 Walnut Grove Avenue Over Alhambra Wash 2 Wells Street Over Rubio Wash 3 Marshall Avenue Over Rubio Wash 4 Garvey Avenue Over Alhambra Wash 5 Walnut Grove Avenue Over Rubio Wash 6 Rush Street Over Alhambra Wash 7 Ramona Boulevard Over Rubio Wash City Council Meeting December 12, 2017 Page 3 of 3 The total project cost for repairing the minor structural deficiencies of these 7 bridges is estimated to be $595,000, of which the City would only be responsible for $75,000. The balance would be funded under the BPMP. City staff is looking for alternate funding for the 6 remaining bridges. STAFF RECOMMENDATION It is recommended that the City Council enter into a cooperative agreement with County of Los Angeles for the Bridge Preventive Maintenance Program in the amount of $75,000. FISCAL IMPACT The approved Fiscal Year 2017-18 Budget contains a total of $75,000 in Gas Tax for the Bridge Maintenance Program. ENVIRONMENTAL REVIEW The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a) of the CEQA Implementing Guidelines. STRATEGIC PLAN IMPACT — None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared By: - Rafael M. Fajardo, P.E., City K3meer Attachment A: Cooperative Agreement Attachment B: Cost Estimate Submitted By: Michelle G. Ramirez, Di or of Public Works Attachment A Cooperative Agreement AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ROSEMEAD, 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 Walnut Grove Avenue over Alhambra Wash, Wells Street over Rubio Wash, Marshall Street over Rubio Wash, Garvey Avenue over Alhambra Wash, Walnut Grove Avenue over Rubio Wash, Rush Street over Alhambra Wash, and Ramona Boulevard over Rubio Wash bridges; and WHEREAS, CITY and COUNTY propose to perform one-time only preventive maintenance work on the existing bridge 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 Five Hundred Ninety -Five Thousand and 00/100 Dollars ($595,000.00) with Federal funding reimbursement estimated to be Five Hundred and Twenty Thousand and 00/100 Dollars ($520,000.00); 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 Seventy -Five Thousand and 00/100 Dollars ($75,000.00), by depositing Seventy -Five Thousand and 00/100 Dollars ($75,000.00) in cash; and Page 1 of 8 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. 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, Page 2 of 8 administration, and depreciation in connection with any or all of the aforementioned items. 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 Seventy -Five Thousand and 00/100 Dollars ($75,000.00). 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 Walnut Grove Avenue over Alhambra Wash, Wells Street over Rubio Wash, Marshall Street over Rubio Wash, Garrey Avenue over Alhambra Wash, Walnut Grove Avenue over Rubio Wash, Rush Street over Alhambra Wash, and Ramona Boulevard over Rubio 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 Page 3 of 8 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 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 Page 4 of 8 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. 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 Page 5 of 8 the previously disputed charges or submit justification for nonpayment within sixty (60) calendar days after the date of COUNTY'S written justification. 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. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following: CITY: Mr. Bill Manis City Manager City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 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 Page 6 of 8 omissions on the part of CITY un authority, or jurisdiction delegated to of CITY under this AGREEMENT. ler or in connection with any work, or determined to be the responsibility 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. 32076 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 ROSEMEAD on , 2017, and by the COUNTY OF LOS ANGELES Director of Public Works on 2017. APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By Deputy COUNTY OF LOS ANGELES 0 Director of Public Works CITY OF ROSEMEAD 0 ATTEST: 0 Mayor City Clerk APPROVED AS TO FORM: 0 City Attorney P:lddpub\Slructures\BPMPNgreements\RosemeadlBPMP Rosemead - Coop Agreement doc Page 8 of 8 u COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS HIGHWAY BRIDGE PROGRAM (HBP) BRIDGE PREVENTIVE MAINTENANCE PROGRAM (BPMP) TOTAL PROJECT COST ESTIMATE (TPCE) CITY OF ROSEMEAD 9/12/17 Preliminary Engineering (PE) Construction Contract Construction Contingency (CONT) - (25% of Construction Contract) Construction Engineering (CE) - (15% of Construction Contract) Total Construction Cost of PE and 150,000 312,295 78,074 46,844 437,213 587,213 7,874 Reimbursement HBP - BPMP (88.53% of qualifyingz Project Cost Estimate) (520,000) Total Reimbursement (520,000) Net City Cost (TPCE less Reimbursement) 75,000 10% of TPCE 60,000 Required City Deposit' 75,000 Notes Per City -County Assumption of Liability /Joint Indemnity Agreement a Excludes any betterments and any costs/rates in excess of Federally approved ' Net City Cost but not less than 10% of TPCE E n s" S 2 5 2 E o � a v � c ev E r aa s� �9 3 ti to t $ E— a E C f 3 � u i Tc m E P 3 A E ? o v a' c >ti 2 � u �i E � Y ae �e 3 3 0 Attachment B Cost Estimate MARK PESTRELLA, Director October 18, 2017 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through Effective and Caring Service" Mr. Bill Manis City Manager City of Rosemead 8838 East Valley Boulevard Rosemead. CA 91770 Dear Mr. Manis: 900 SOUTH FREMONFAVENUE ALHAMBRA, CALIFORNIA 91803-7331 Telephone: (626) 458-5100 http://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 BRIDGE PREVENTIVE MAINTENANCE PROGRAM PROPOSED CITY OF ROSEMEAD — COUNTY OF LOS ANGELES COOPERATIVE AGREEMENT IN REPLY PLEASE REFER TO FILE D-4 Enclosed for consideration are three originals of the proposed cooperative agreement for the Bridge Preventive Maintenance Program, which includes various bridges that are jurisdictionally owned by the City of Rosemead. The proposed project under this program will consist of preventive maintenance work that will extend the service life of the bridges. The agreement has been prepared based on discussions between our respective staffs. It provides for the County to perform the preliminary engineering and administer the project's construction contract with the City to finance the local share of the project cost. The total project cost is estimated to be $595,000 with the local share estimated to be $75,000 (see enclosed Total Project Cost Estimate and Cost Summary). Under the terms of the agreement, the City will finance the local share by depositing $75,000 with the County after the agreement has been executed by the County. The actual amount of local share of the project cost will be based upon a final accounting after completion of the project. The California Environmental Quality Act requires public agency decision makers to document and consider environmental implications of their actions. Accordingly and pursuant to Section 15301(c) of the California Environmental Quality Act Guidelines, the County has found that this project is categorically exempt from the provisions of the act. If the City concurs that this project is categorically exempt, please have the duly authorized City officials make such finding. However, if the City Council is unable to make this environmental finding, Council action approving the enclosed agreement should be deferred until the appropriate environmental finding can be made. Mr. Bill Manis October 18, 2017 Page 2 If this proposed cooperative agreement is satisfactory, please present it to the duly authorized City officials for approval. Upon approval, please return the three originals of the agreement to us for further action. After final approval by Public Works, a fully executed City original will be returned to you. It is a pleasure to be of assistance to the City. This action supports County Strategic Plan Objective 111.3.2 Manage and Maximize County Assets as it provides ongoing efforts to manage and improve public bridge infrastructure assets. If you have any questions or require additional information, please contact Mr. David Diotalevi at (626) 458-7802 or ddiota le(a)dpw.lacounty.aov. Very truly urs, ARK PESTRELLA Director of Public Works BF:aa P:\DDPUB\STRUCTURES\BPMP\AGREEMENTS\ROSEMEAD\BPMP ROSEMEAD - AGMT TRANSMITTAL Enc. cc: Supervisor Hilda L. Solis (Teresa Villegas)