2400 - Reimbursement Agreement - City of Monterey ParkX26001
REIMBURSEMENT AGREEMENT
This Reimbursement Agreement ("Agreement") is entered into as of May 9, 2023
by and between the City of Monterey Park, a general law city and municipal
corporation ("Monterey Park") and the City of Rosemead, a general law city and
municipal corporation ("Rosemead") who agree as follows:
Recitals. This Agreement is made with reference to the following facts and
circumstances:
A. A road identified as "New Avenue" is located in both Monterey Park
and Rosemead;
B. Rehabilitation of the western portion of New Avenue, between East
Newmark Avenue and Garvey Avenue, is part of Monterey Park's
2022-23 Annual Street Rehabilitation Project ("Project");
C. The Eastern portion of New Avenue lies within Rosemead's
jurisdiction. To save time and resources, Rosemead believes it is in
the public interest for Monterey Park to add the Eastern portion of
New Avenue into the Project; and
D. This Agreement is intended to establish the respective
responsibilities for each city including, without limitation,
Rosemead's reimbursement of costs to Monterey Park
("Rosemead's Costs").
2. Term. This Agreement becomes effective 10 business days after the date it
is fully executed and, unless otherwise terminated, remains effective until
Monterey Park is fully reimbursed for Rosemead's Costs.
3. Project Components; Rosemead's Costs. Rosemead's Costs is estimated
to be $152,095.05 for all services related to the Project including, without
limitation, environmental review; design professional services; construction;
bidding; inspection services; and materials. However, Rosemead
acknowledges that the actual amount of such costs and expenses may be
different. It is anticipated that the Project will include sidewalk
improvements; rehabilitation of existing pavement; repair of miscellaneous
concrete surfaces; striping and any additional improvements identified by
the parties.
4. Cooperation between the Parties. The respective Public Works Director for
each party may undertake most decisions regarding the Project. Among
other things, the Public Works Directors must agree on the specific design
standards and project scope for any work performed within Rosemead's
jurisdiction that constitutes part of Rosemead's Costs. Such concurrence
must occur before Monterey Park solicits bids or seeks proposals for
professional services.
5. Monterey Park as Lead Agency; Selection of Contractors and Consultants.
The Parties agree that Monterey Park will be lead agency for all aspects of
the Project (including environmental review) and is responsible for Project
management. Both Parties will cooperate, in the manner anticipated in
Section 4, regarding selection of professional services; contractors will be
awarded a contract in accordance with applicable law.
6. Required Contract Clauses. As to any element of the Project affecting
Rosemead's jurisdiction or Rosemead's Costs, Rosemead will be identified
as an intended third -party beneficiary in all contracts executed by Monterey
Park. Moreover, Rosemead will be listed as an "additional insured" for any
insurance provided by consultants or contractors in accordance with
Monterey Park's insurance requirements.
7. Permits. Rosemead agrees to issue a "no fee" permit for any work
performed within its jurisdiction as may be required. For example, and not
limitation, Rosemead will issue an encroachment permit and grading permit
to the contractor constructing the Project.
8. Payment of Rosemead's Costs. Rosemead agrees to reimburse Monterey
Park Rosemead's Costs within 30 days of receiving an invoice. Any dispute
regarding Rosemead's Costs must be made within 10 business days of
receiving an invoice. Upon request, Monterey Park must provide Rosemead
with any supporting documentation within 10 business days.
9. Indemnification. Each Party, as an Indemnitor, agrees to protect, indemnify,
and hold the other Party (the "Indemnitee") and its employees, officers and
agents free and harmless from any and all losses, claims, liens, demands
and causes of action of every kind including, without limitation, the amounts
of judgment, interests, court costs, legal fees, experts fees, experts costs,
and other expenses incurred by the Indemnitee arising in favor of any Party,
including losses and claims regarding personal injuries, death, or damages
to property, and without limitation by enumeration, all other claims or
demands of every kind occurring or arising directly out of the negligent acts,
errors or omissions of the Indemnitor in the performance of its obligations
and duties under this Agreement, except when the injury to persons or
damage to property are due or claimed to be due to the Indemnitee's
negligence or willful misconduct. This provision is not intended to create any
cause of action in favor of any third party against either Party to this
Agreement, but is intended solely to provide for indemnification of a Party
for liability for damages and injuries to third persons or property arising from
the Indemnitor Party's negligent performance of this Agreement. Monterey
Park and Rosemead waive the pro rata risk allocation contained in
Government Code § 895.6. This Section survives termination or expiration
of this Agreement.
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10. Default and Termination.
A. Notice of Default. If for any reason, a Party fails to fulfill in a timely
and proper manner its obligation under this Agreement, or a Party
has violated any of the terms or conditions of this Agreement, the
non -violating Party must provide a Notice of Default to the violating
Party setting forth the breached terms or conditions of this
Agreement. The violating Party then has 30 days to cure the terms
and conditions in the written notice. The Notice of Default must refer
to this clause, specify the nature of the alleged default, and must
specify the effective date of the termination if a breach does lead to
termination.
B. Failure to Cure. If the violating Party fails to cure and bring into
compliance all terms specified, the non -violating Party then may
terminate this Agreement without further notice to the violating Party.
Monterey Park would then only receive reimbursement for
Rosemead's Costs, if any are due, for the portion of the Project
performed in compliance with this Agreement as of the termination
date.
11. Compliance with Law. Both Parties will, at their sole cost and expense,
comply with all of the requirements of all federal, state, and local authorities
now in force, or which may hereafter be in force, pertaining to this
Agreement.
12. Waiver of Breach. Any express or implied waiver of a breach of any term of
this Agreement will not constitute a waiver of any further breach of the same
or other term of this Agreement.
13. Notices. Except as otherwise expressly provided by law, all notices or other
communications required or permitted by this Agreement or by law to be
served on or given to either party to this Agreement by the other party will
be in writing and will be deemed served when personally delivered to the
party to whom they are directed, or in lieu of the personal service, upon
deposit in the United States Mail, certified or registered mail, return receipt
requested, postage prepaid, addressed to:
City of Rosemead at:
Ben Kim
City Manager
8838 E. Valley Boulevard
Email: bkim@cityofrosemead.org
191
City of Monterey Park at:
Ron Bow
City Manager
320 W Newmark Ave
Email: rbow@montereypark.ca.gov
Either party may change its address for the purpose of this Section by giving
written notice of the change to the other party.
14. Electronic Signatures. This Agreement may be executed by the Parties on
any number of separate counterparts, and all such counterparts so
executed constitute one agreement binding on all the Parties
notwithstanding that all the Parties are not signatories to the same
counterpart. In accordance with Government Code §16.5, the Parties agree
that this Agreement, agreements ancillary to this Agreement, and related
documents to be entered into in connection with this Agreement will be
considered signed when the signature of a party is delivered by electronic
transmission. Such electronic signature will be treated in all respects as
having the same effect as an original signature.
15. Governing Law. This Agreement has been made in and will be construed in
accordance with the laws of the State of California, and exclusive venue for
any action involving this Agreement will be in Los Angeles County.
16. Partial Invalidity. Should any provision of this Agreement be held by a court
of competent jurisdiction to be either invalid or unenforceable, the remaining
provisions of this Agreement will remain in effect, unimpaired by the holding.
17. Integration. This instrument and its attachments constitute the sole
agreement between Monterey Park and Rosemead respecting the matters
above and correctly sets forth the obligations of Monterey Park and
Rosemead. Any Agreement or representations respecting the Project not
expressly set forth in this instrument are void.
18. Construction. The language of each part of this Agreement will be construed
simply and according to its fair meaning, and this Agreement will never be
construed either for or against either party.
19. Authority/Modification. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute
this Agreement and to engage in the actions described herein. This
Agreement may be modified by written amendment.
IN WITNESS WHEREOF the parties hereto have executed this contract the
day and year first hereinabove written.
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City of Monterey Park
Ro w, nager
City of Rosemead
Ben KijwKCity Manager
Attest:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM:
4
Rachel Richman, City Attorney
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EXHIBIT "A"
DESCRIPTION OF SERVICES
BID SCHEDULE
For 2022-2023 Street Rehabilitation at Various Locations, Specification
No. 2022-017
0
Bid Item'
No.
Description
Quantity
Unit
Unit Bid
Total Bid ROSEMEAD
Remove existing
pavement to 2.5"
depth. Existing depth
of asphalt concrete,
subbase, and
subgrade varies by
location. Some street
segments include
fabric material.
Contractor shall
remove portion of
AC, subbase, or
1
native material to
52,475
SF
$0.44
$23,089.00 $11,544.50
2.5" depth as part of
this work, full width of
street, complete and
in place (including
removal/re-
compaction of
exposed base or
native). Work
locations are shown
on Appendix 4.
Location Index,
Project Grou B.
Furnish and install
1.5" thick (ARHM)
2
asphalt rubberized
510
TON
$138.00
$70,380.00 $35,190.00
hot mix complete and
in place.
Furnish and install
2.5" thick asphalt
concrete AC Type B
level Course
3
including tapering
801
TON
$105.00
$84,105.00 $42,052.50
from 1" at gutter
edge to 2.5" at 5'
from gutter edge as
shown on A endix
0
4. Location Index,
Detail B.
Adjust manhole
4
covers to grade,
8
EA
$1,200.00
$9,600.00
$2,400.00
complete and in
lace.
.J
Adjust water valves
5
to grade, complete
13
EA
$900.00
$11,700.00
$7,200.00
and in DIace.
Remove existing
curb and gutter and
replace with SPPWC
6
Standard A2-8 PCC
15
LF
$100.00
$1,500.00
$1,500.00
Curb and Gutter
?'
complete and in
lace.
Install Limit Line/Stop
7
Bar per Caltrans
1
EA
$560.00
$560.00
$280.00
Standard Plan A24E.
Install Double Yellow
No Passing Zone per
8
Caltrans Standard
538
LF
$3.00
$1,614.00
$807.00
Plan A20A Detail 22
including Type D
z
RPMs.
9x7,
Install Yellow Center
;
9
Line/Skip Line per
282
LF
$2.00
$564.00 "
$282.00
Caltrans Standard,
.:
A20A Detail 2,
Install Channelizing
10
Line per Caltrans
212
LF
$3.00
$636.00
$318.00
Standard Plan A20D
Detail 38A.
Install Thermoplastic
?A
High Visibility
11
Yellow/White Basic
1
EA
$1,349.00
$1,349.00
$674.50
Crosswalk per
Caltrans Standard
Plan A24F.
`-
Install Type IV(L)
12
and/or Type lV(R)
2
EA
$140.00
$280.00
$140.00
Arrow per Caltrans
€H
Standard Plan A24A.
Furnish and install
13
Traffic Loop
18
EA
$450.00
$8,100.00
$5,400.00
Detection, complete
and in place
Remove existing
14
driveway approach
2
EA
$4,000.00
$8,000.00
$8,000.00
and replace with
SPPWC Standard
110-2 Driveway
Approaches
complete and in
Subtotal $ 221,477.00
$
115,788.50
in enc 10%
$ 22,147.70
�'
11,578.85
KAdmin 20%
$ 44,295.40
$
23,157.70
Construction Total
$ 243,624.70
$
150,525.05
1/2 New Avenue
$
1,570.00
Crosswalk
Rosemead Total $ 152,095.05
2. California Environmental Quality Act (CEQA) documentation. It is
anticipated, based on the preliminary scope of the Project that the
proposed work is a minor alteration to an existing public facility, this
project is Class 1 Categorically Exempt.
3. Legal Services associated with processing the Project.
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MAYOR:
SEAN DANG
MAYOR PRO TEM:
STEVEN LY
COUNCIL MEMBERS:
SANDRAAR ENTA
MARGARET CLARK
Pou.v Low
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
City of Wqsemead
8838 E. VALLEY BOULEVARD
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569-2100
CERTIFICATION
I, Ericka Hernandez, City Clerk of the City of Rosemead, California, do hereby certify that the
Reimbursement Agreement with the City of Monterey Park for the Construction of New Avenue
Rehabilitation Project, was duly approved by the City Council of the City of Rosemead,
California, at a regular meeting thereof held on the 9' day of May, 2022, by the following vote,
to wit:
AYES: ARMENTA, CLARK, DANG, LOW
NOES: NONE
ABSENT: LY
ABSTAIN: NONE
Ericka Hernandez, Ity Clerk , . _
CITY OF MONTEREY PARK
320 West Newmark Avenue • Monterey Park . California 91754-2896
www. monterevoark.ca.00v
State of California )
County of Los Angeles) §
City of Monterey Park )
O4 0NTt4
s
a A
7AfI! x City Council
Henry Lo
e'9G 1FORH�P Vinh Ngo
- Jose Sanchez
Thomas Wong
Yvonne Yiu
CERTIFICATION
City Clerk
Maychelle Yee
City Treasurer
Amy Lee
I, Cindy Trang, Deputy City Clerk of the City of Monterey Park and Ex -Officio Deputy
Clerk of the City Council of said City do hereby certify that the Accepting and Appropriating
of anticipated reimbursement from the City of Rosemead in the amount of $152,095 for the
cost related to their portion of the work on New Avenue to the Capital Improvement Project
No. 96031 for the 2022-23 Street Rehabilitation at Various Locations Project was duly
approved by the City Council of the City of Monterey Park, California, at a regular meeting
held on the 7th day of June 2023, by the following vote,
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Yiu,
motion carried by the following vote:
Ayes:
Council Members:
Noes:
Council Members:
Absent:
Council Members:
Abstain:
Council Members:
Recusal:
Council Members:
Yiu, Ngo, Wong, Sanchez
None
None
None
Lo
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City
of Monterey Park, this 22nd day of June, 2023.
Deputy Cit d Ex -Officio Deputy
Clerk of the City Council of the City of
Monterey Park, California
Pride in the Past . Faith in the Future