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CC - Item 4B – Staff Report – Approval of Agreement between City of Rosemead and El Monte • 5 S9� �- , stat feport TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: DECEMBER 2, 1998 RE: APPROVAL OF AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE CITY OF EL MONTE FOR STREET IMPROVEMENTS ON VALLEY BOULEVARD Attached for the City Council's consideration is an agreement between the City of Rosemead and the City of El Monte for the subject project. In conjunction with the City's efforts to improve Valley Boulevard, portions of Valley Boulevard that are within the City of El Monte, and directly adjacent to that which is in the City of Rosemead, will also be improved. The improvements include concrete repairs and new parkway trees in the areas west and east of Easy Street; an asphalt concrete overlay on Easy Street; and new curb, gutter, sidewalk, parkway trees and an asphalt concrete overlay between Strang Avenue and the Easton Wash. The agreement specifies the terms and conditions under which the project will be engineered, constructed, financed, and maintained. Under the terms of the agreement, the City of Rosemead will provide the engineering and inspection services for the project with each City financing their respective jurisdictional shares for the costs of the project. The City of El Monte's costs are estimated to be $80,000. The final payment amount will be based on actual project costs. The El Monte City Council approved and executed the agreement on November 10, 1998. RECOMMENDATION It is recommended that the City Council approve the attached agreement between the City of Rosemead and the City of El Monte. _ COUNCIL. i NDi'k Attachment DEC 0 81998 FGT:kjr 1998rsmdlsUff ryVaty ITEM No. )(4.&--..6 AGREEMENT THIS AGREEMENT, made and entered into by the CITY OF ROSEMEAD, a municipal corporation in the County of Los Angeles, hereinafter referred to as "ROSEMEAD," and the CITY OF EL MONTE, a municipal corporation in the County of Los Angeles, hereinafter referred to as "EL MONTE": WITNESSETH WHEREAS, ROSEMEAD has proposed certain street improvements for Valley Boulevard; and WHEREAS, it is estimated that 84% of the project lies within the territorial jurisdiction of ROSEMEAD, 9% lies within the territorial jurisdiction of EL MONTE, and 7% lies within the territorial jurisdiction of the City of San Gabriel; and WHEREAS, the portions of Valley Boulevard will be improved through pavement rehabilitation, removal and replacement of sidewalk and drive approaches, traffic signal modifications and the installation of handicap access curb ramps, street lights, and street trees; and WHEREAS, PROJECT is in the general interest of ROSEMEAD, EL MONTE and the City of San Gabriel; and WHEREAS, PROJECT is estimated to cost a total of$3,330,000; and WHEREAS, ROSEMEAD, EL MONTE and the City of San Gabriel are willing to share in PROJECT COSTS which are estimated to be as follows: 1 Rosemead: $3,050,000 El Monte: $80,000 San Gabriel: $200,000; WHEREAS, ROSEMEAD intends to enter into agreements with each city to share in project costs; WHEREAS, EL MONTE requested that ROSEMEAD also include the improvement of Easy Street, from Valley Boulevard to the north end, which lies entirely within the territorial jurisdiction of EL MONTE, with the Valley Boulevard Improvement Project; NOW, THEREFORE, in consideration of the mutual benefits to be derived by ROSEMEAD and EL MONTE and of the premises herein contained, it is hereby agreed as follows: (1) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. PROJECT COSTS as referred to in this Agreement shall consist of the costs of engineering design, construction observation and administration, required materials, construction, and other work necessary to perform work of said project in that portion of Valley Boulevard from approximately 580 feet to approximately 540 feet east and west of Easy Street. respectively, and from Strang Avenue to Eaton Wash, and in that portion of Easy Street from Valley Boulevard to the north end, in accordance with approved plans and specifications. 2 b. Neither EL MONTE nor any officer or employee of EL MONTE shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ROSEMEAD under or in connection with any work, authority, or in connection with any work, authority or jurisdiction delegated to ROSEMEAD under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, ROSEMEAD shall fully indemnify, defend, and hold EL MONTE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ROSEMEAD under or in connection with any work, authority or jurisdiction delegated to ROSEMEAD under this Agreement. c. Neither ROSEMEAD nor any officer or employee of ROSEMEAD shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by EL MONTE under or in connection with any work, authority or jurisdiction delegated to EL MONTE under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, EL MONTE shall fully indemnify, defend and hold ROSEMEAD harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by EL MONTE under or in connection with any work authority, or connection 3 with any work, authority or jurisdiction delegated to EL MONTE under this Agreement. (2) ROSEMEAD AGREES: a. To coordinate and execute the entire project following Intermodal Surface Transportation Efficiency Act (ISTEA), Federal, State, and local funding requirements. b. To prepare plans, specifications, and cost estimates, and to furnish construction engineering and administration for PROJECT, with the costs thereof to be shared by ROSEMEAD and EL MONTE. Project design engineering, preparation of plans, specifications, cost estimates, and construction engineering will not be paid for with ISTEA funds. c. To obtain approval from EL MONTE of plans and cost estimates for PROJECT prior to advertising for construction contract bids. d. To advertise PROJECT for construction contract bids, to award and administer the construction contract, perform all tasks necessary and proper to complete PROJECT. e. To pay for project costs within its jurisdiction, including engineering, construction observation, construction, and other necessary project costs. 4 f. Upon completion of PROJECT, to submit to EL MONTE an invoice along with an itemized accounting for EL MONTE'S share of PROJECT COSTS. g. Upon completion of PROJECT, to continue to maintain or cause to be maintained, in good condition at its own proportionate expense all improvements constructed as part of PROJECT and within its jurisdiction. (3) " EL MONTE AGREES: a. To authorize ROSEMEAD to proceed with the necessary cost estimates, design, advertising for bids and construction administration for the PROJECT. b. To pay for project costs within its jurisdiction, including engineering, construction observation, construction, and other necessary project costs. c. Upon completion of PROJECT and relinquishment of ROSEMEAD'S jurisdiction for construction purposes, to continue to maintain or cause to be maintained, in good condition at its own proportionate expense all improvements constructed as part of PROJECT and wholly within its jurisdiction. 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 5 , 1998, and by the CITY OF EL MONTE on November 10 , 1998. CITY OF ROSEMEAD CITY OF EL MONTE By: By: 'To /Ai // MAYOR MAYOR ATTEST: ATTEST: _ ( By: By: a . J .. T � CITY CLERK CITY CLERK APPROVED AS TO FORM APPROVED AS TO FORM AND CONTENT: AND CONTENT: ',,v By: By: 'gra( CITY ATTORNEY CITY ATTORNEY III 6