CC - Item 4C - Staff Report - Agreement Between the City of Rosemead and Los Angeles County for the Resurfacing of Walnut Grove Avenue s e.
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TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
DATE: FEBRUARY 18, 1998
RE: AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND
LOS ANGELES COUNTY FOR THE RESURFACING OF
WALNUT GROVE AVENUE
Attached for the City Council's consideration is an agreement between the City of
Rosemead and Los Angeles County for the subject project.
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 contract administration and inspection services for
the project with the City and the County to finance their respective jurisdictional shares for
the cost of the project.
RECOMMENDATION
It is recommended that the City Council approve the attached agreement between the City
of Rosemead and Los Angeles County for the resurfacing of Walnut Grove Avenue.
Attachment
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WLNTGROVAGR COUNCIL AGENDA
FEB 2 41998
ITEM No. IIII. 61-& e-
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tal /� +�I COUNTY OF LOS ANGELES
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� 01 ® ' DEPARTMENT OF PUBLIC WORKS
\�L900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone(626)458.5100
IIARRY W.STONE,Dieenoe ADDRESS ALL CORRESPONDENCE TO:
P.O.SOX 1460
February 2, 1998 AuuMBRwcALmom ,k9lsox-weo
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IN REPLY PLEASE
REFER TO FILE
Mr. Frank G. Tripepi
City Manager
City of Rosemead
8838 East Valley Boulevard
Rosemead, CA 91770-1767
Dear Mr. Tripepi:
WALNUT GROVE AVENUE FROM RUSH STREET TO SAN GABRIEL BOULEVARD
PROPOSED CITY OF ROSEMEAD-COUNTY COOPERATIVE PROJECT
Enclosed are two originals and one copy of a proposed agreement regarding
our cooperative project to resurface the existing roadway pavement on
Walnut Grove Avenue between the subject limits, which is jurisdictionally
shared between the City of Rosemead and the County.
The agreement has been prepared based on recent correspondence between the
County and the City, and subsequent discussions between our respective
staffs . It provides for the City to perform the preliminary engineering
and administer the construction of the project, with the County and the
City to finance their respective jurisdictional shares of the cost of
project. Under the terms of the agreement, the County is to deposit with
the City, following the opening of construction bids, sufficient County
funds to finance its share of the project cost, currently estimated to be
$110, 000 . The County' s actual share will be based upon a final accounting
after completion of the project.
If the proposed agreement is satisfactory, please present it to your duly
authorized City officials for approval. Upon approval, please return the
two originals of the agreement to the County Department of Public Works for
further action. After final approval by the Board of Supervisors, we will
return the fully executed City original to your City.
Ve ruly yours,
. {--;z Cr
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HARRY W. STO1�F
\Director of Public Works
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Enc.
cc: Supervisor Gloria Molina
A GEE E M E N T
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" .
W I T N E S a E T H
WHEREAS, Walnut Grove Avenue is on the Highway Element of
CITY' S General Plan and on COUNTY'S Highway Plan; and
WHEREAS, CITY and COUNTY propose to resurface the existing
roadway pavement on Walnut Grove Avenue from Rush Street to
San Gabriel Boulevard, which work is hereinafter referred to as
"PROJECT" ; and
WHEREAS, PROJECT is within the jurisdictional limits of CITY
and COUNTY; and
WHEREAS, PROJECT is of general interest to CITY and COUNTY;
and
WHEREAS, the "COST OF PROJECT" includes the cost of
preliminary engineering, construction contract , construction
engineering, and contract administration for PROJECT, as more fully
set forth herein; and
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WHEREAS, CITY is willing to perform the preliminary
engineering and the contract administration, construction
inspection and engineering, material testing, detour signing and
striping, and construction survey for PROJECT; and
WHEREAS, CITY and COUNTY are willing to finance their
respective jurisdictional shares of COST OF PROJECT; and
WHEREAS, COST OF PROJECT is currently estimated to be Two
Hundred Seventy-six Thousand Dollars ($276, 000) , with COUNTY' S
share being One Hundred Ten Thousand Dollars ($110, 000) and CITY' S
share being One Hundred Sixty-six Thousand Dollars ($156, 000) ; and
WHEREAS, such a proposal is authorized and provided for by the
provisions of Title 1, Division 7, Chapter 5, Article 1 , of the
Government Code and Section 1710 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) CITY AGREES :
a. To perform the preliminary engineering, contract
administration, construction engineering and
inspection, materials testing, construction survey,
and detour signing and striping for PROJECT.
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b. To finance CITY' S jurisdictional share of COST OF
PROJECT, the amount of which is to be determined by
a final accounting of PROJECT costs, pursuant to
paragraph (3) d. , below.
c. Before advertising for construction bids, to apply
for and obtain from COUNTY Department of Public
Works all necessary permits authorizing CITY to
construct those portions of PROJECT within COUNTY
highway right of way and to construct facilities
that are to be maintained by COUNTY.
d. To advertise PROJECT for construction bids, to award
and to administer the construction contract, to do
all things necessary and proper to complete PROJECT
and to act on behalf of COUNTY in all negotiations
pertaining thereto.
e. To furnish COUNTY, within 120 calendar days after
completion of PROJECT, a final accounting of the
COST OF PROJECT, including an itemization of actual
unit costs and actual quantities for PROJECT.
f . Upon completion of PROJECT, to maintain in good
condition and at CITY expense all improvements
constructed as part of PROJECT within CITY' S
jurisdiction.
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(2) COUNTY AGREES:
a. To finance COUNTY' S jurisdictional share of COST OF
PROJECT, the amount of which is to be determined by
a final accounting of PROJECT costs, pursuant to
paragraph (3) d. , below.
b . To deposit with CITY, following the opening of
construction bids for PROJECT and upon demand by
CITY, sufficient COUNTY funds to finance its share
of COST OF PROJECT, currently estimated to be One
Hundred Ten Thousand Dollars ($110, 000) .
c . To appoint CITY as COUNTY' S attorney-in-fact for the
purpose of representing COUNTY in all negotiations
pertaining to the advertisement of PROJECT for
construction bids, the award and the administration
of the construction contract and in all things
necessary and proper to complete PROJECT.
d. Upon receipt of application from CITY and approval
of construction plans for PROJECT, to issue CITY a
no-fee permit (s) authorizing CITTTY to construct those
portions of PROJECT within COUNTY highway right of
way and to construct those facilities that are to be
maintained by COUNTY.
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e . Upon completion of PROJECT, to maintain in good
condition and at COUNTY expense all improvements
constructed as part of PROJECT within COUNTY' S
jurisdiction.
(3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS :
a . The "preliminary engineering" , as referred to in
this AGREEMENT, shall consist of the preparation of
environmental documentation, design survey, soils
reports, traffic index and geometric investigation,
preparation of plans, specification and cost
estimates, utility engineering, and all other
necessary work prior to advertisinc of PROJECT for
construction bids .
b. "COST OF PROJECT" , as referred to in this AGREEMENT,
shall consist of the costs of preliminary
engineering, construction contract, required
materials, detour, and final signing and striping,
construction engineering and inspection, construc-
tion survey, utility relocation, administration, and
all other work necessary to construct PROJECT in
accordance with the approved plans, and shall
include currently effective percentages added to
total salaries, wages, and equipment costs to cover
overhead, administration, and depreciation in
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connection with any or all of the aforementioned
items .
c . The cost of the "construction contract" , as referred
to in this AGREEMENT, shall consist of the total of
all payments to the contractor for PROJECT.
d. The final accounting of the actual total COST OF
PROJECT shall allocate said costs between CITY and
COUNTY based on the location of the improvements
and/or work done . Thus, the cost of all work or
improvements located within CITY' S jurisdiction
shall be borne by CITY. Such costs constitute
CITY' S jurisdictional share of COST OF PROJECT. The
cost of all work or improvements located within
COUNTY' S jurisdiction shall be borne by COUNTY.
Such costs constitute COUNTY' S jurisdictional share
of COST OF PROJECT.
e . That if COUNTY' S share of COST OF PROJECT, based
upon the final accounting, exceeds COUNTY' S payment,
COUNTY shall nay to CITY the additional amount upon
demand. Said demand will consist of a billing
invoice prepared by CITY. Conversely, if- the
required COUNTY funds are less than said payment ,
CITY shall refund the difference to COUNTY.
f . This AGREEMENT may be amended or modified only by
mutual written consent of COUNTY and CITY.
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g. Any correspondence, communication or contact
concerning this AGREEMENT shall be directed to the
following:
CITY:
Mr. Fred Wickman
City Engineer
City of Rosemead
8838 East Valley Boulevard
Rosemead, CA 91770-1787
COUNTY:
Mr. Harry W. Stone
Director of Public Works
County of Los Angeles
Department of Public works
P.O. Box 1460
Alhambra, CA 91802-1460
h. 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
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to or determined to be the responsibility of CITY
under this AGREEMENT.
i . Neither CITY, nor any officer or employee of CITY,
shall be responsible for any damage or liability
occurring by reason of any acts or omissions on the
part of COUNTY under or in connection with any work,
authority or jurisdiction delegated to or determined
to be the responsibility of COUNTY under this
AGREEMENT. It is also understood and agreed that,
pursuant to Government Code, Section 895 .4 , COUNTY
shall fully indemnify, defend, and hold CITY
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
COUNTY under or in connection with any work,
authority or jurisdiction delegated to or determined
to be the responsibility of COUNTY under this
AGREEMENT.
j . It is understood and agreed that the provisions of
Assumption of Liability Agreement No. 32076 between
CITY and COUNTY, adopted by the Board of Supervisors
on December 27, 1977, and currently in effect, are
inapplicable to this AGREEMENT.
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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 , 1998 and by the COUNTY OF LOS ANGELES on
, 1998 .
ATTEST:
JOANNE STURGES COUNTY OF LOS ANGELES
Executive Officer-Clerk of
the Board of Supervisors
By By
Deputy Chair, Board of Supervisors
ATTEST: CITY OF ROSEMEAD
By By
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM:
DE WITT W. CLINTON City Attorney
County Counsel
By By
County Attorney
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