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CC - Item 4C – Staff Report – Approval of Agreement City of Rosemead and San Gabriel Street Improvements E M staffeport 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 SAN GABRIEL 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 San Gabriel 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 San Gabriel between Charlotte Avenue and the Rubio Wash, and directly adjacent to that which is in the City of Rosemead, will also be improved. The improvements include new curb, gutter, sidewalk, parkway palm trees, street lights and an asphalt concrete overlay. 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 San Gabriel's costs are estimated to be $200,000. The final payment amount will be based on actual project costs. The San Gabriel City Council approved and executed the agreement on November 17, 1998. RECOMMENDATION It is recommended that the City Council approve the attached agreement between the City of Rosemead and the City of San Gabriel. Attachment COUNCIL. AGENDA 199brsr 1998 GT:kjItllStdn 1pVGly DECL V 0 8 1 ITEM No. iL •L!�-� 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 SAN GABRIEL, a municipal corporation in the County of Los Angeles, hereinafter referred to as "SAN GABRIEL": 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, 7% lies within the territorial jurisdiction of SAN GABRIEL, and 9% lies within the territorial jurisdiction of the City of El Monte; 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, SAN GABRIEL, and the City of El Monte; and WHEREAS, PROJECT is estimated to cost a total of$3,330,000; and WHEREAS, ROSEMEAD, SAN GABRIEL, and the City of El Monte 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; NOW, THEREFORE, in consideration of the mutual benefits to be derived by ROSEMEAD and SAN GABRIEL 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 Charlotte Avenue to Rubio Wash in accordance with approved plans and specifications. b. Neither SAN GABRIEL nor any officer or employee of SAN GABRIEL 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, 2 defend, and hold SAN GABRIEL 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 SAN GABRIEL under or in connection with any work, authority or jurisdiction delegated to SAN GABRIEL under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, SAN GABRIEL 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 SAN GABRIEL under or in connection with any work authority, or connection with any work, authority or jurisdiction delegated to SAN GABRIEL under this Agreement. d. ROSEMEAD and SAN GABRIEL acknowledge that they are both represented by the same City Attorney and understand that the City Attorney is representing both cities in approving this Agreement as to form and content. ROSEMEAD and SAN GABRRIEL waive any 3 • conflict of interest on the part of the City Attorney due to his representation of both cities. (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 SAN GABRIEL. 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 SAN GABRIEL 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 SAN GABRIEL an invoice along with an itemized accounting for SAN GABRIEL'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) SAN GABRIEL 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 SAN GABRIEL on November 17 1998 CITY OF ROSEMEAD CITY OF SAN GABRIEL By: By: , MAYOR MOR ATTEST: ATTEST: By: By: C CITY CLERK 7Y CLERK APPROVED AS TO FORM APPROVED AS TO FORM AND CONTENT: AND CONTENT: By: / . 1 it By::44.4-07e.,..CI TYATT* 'NEY CITY ATT 6