CC - Item 4G - Reimbursement Agreement with the City of Monterey Park for the Construction of New Avenue Rahabilitation ProjectROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: MAY 9, 2023
SUBJECT: REIMBURSEMENT AGREEMENT WITH THE CITY OF MONTEREY
PARK FOR THE CONSTRUCTION OF NEW AVENUE
REHABILITATION PROJECT
SUMMARY
The City of Monterey Park is planning to rehabilitate New Avenue alongside the border of City of
Rosemead, between East Newmark Avenue and Garvey Avenue. New Avenue is a shared roadway
at the centerline between the two cities. City of Rosemead staff coordinated with Monterey Park
staff, and proposes to include City of Rosemead part of the roadway as part of the proposed
improvements, for consistency. A reimbursement agreement with City of Monterey Park is
prepared for the proposed improvements for Council's consideration. The project consists of
resurfacing asphalt concrete roadways, curb & gutter, driveway approach repairs, manhole adjustments
and striping.
DISCUSSION
The City of Monterey Park informed City of Rosemead staff that Monterey Park is planning to
rehabilitate New Avenue between East Newmark Avenue and Garvey Avenue this year, as part of
the City's Pavement Rehabilitation Program. The proposed project consists of resurfacing asphalt
concrete roadways, curb & gutter, driveway approach repairs, manhole adjustments and striping.
The project limits include New Avenue between East Newmark Avenue and Garvey Avenue. The
subject roadway is a shared roadway between City of Rosemead and City of Monterey Park. Staff
coordinated with Monterey Park staff, and staff recommends that roadway within Rosemead's
jurisdiction to be included as part of this project. Including Rosemead's portion on this project will
provide cost efficiencies, uniformity on the rehabilitation method on the entire street and
economies of scale.
As part of the improvements within City of Rosemead's jurisdiction, the project will rehabilitate
approximately 53,000 square feet of asphalt roadway, and will pave approximately 510 tons of
new asphalt concrete. The proposed construction will start in Summer 2023.
AGENDA ITEM 4.G
City Council Meeting
May 9, 2023
Page 2 of 2
Per the reimbursement agreement, City of Monterey Park will be the lead agency, and will manage
and inspect the project during construction, as outlined on the agreement. City of Rosemead will
provide cost contribution for the segment within City of Rosemead boundaries.
STAFF RECOMMENDATION
It is recommended that the City Council:
1. Authorize the City Manager to execute a reimbursement agreement with City of
Monterey Park for the construction of New Avenue Rehabilitation;
2. Authorize the City Manager to execute any amendment to the reimbursement
agreement, provided that any increase in the City's contribution for the improvements
is consistent with the executed agreement.
FINANCIAL IMPACT
The City of Rosemead's cost share for the proposed improvements is $152,095.05, which will be
funded through Measure M Funds.
ENVIRONMENTAL REVIEW
The proposed work involves the rehabilitation of an existing public facility; therefore, the project
is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA).
STRATEGIC PLAN IMPACT
The project is consistent with the Strategic Plan's guiding principal for fiduciary responsibility of
providing for transparency in financial management of City's finances and providing quality of
life enhancement.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
BenK
iVCity anager
Attachment A: Reimbursement Agreement with City of Monterey Park
Attachment B: Proiect Plans
Attachment A
Reimbursement Agreement with
City of Monterey Park
REIMBURSEMENT AGREEMENT
This Reimbursement Agreement ("Agreement") is entered into as of , 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:
1. 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
1
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.
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.
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 parry 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:
Rosemead at:
xx
Email: xx
City 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 parry.
14. Electronic Siqnatures. 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.
1.2
City of Monterey Park
Ron Bow, City Manager
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
5
City of Rosemead
UN
APPROVED AS TO FORM:
Rachel Richman, City Attorney
EXHIBIT "A"
DESCRIPTION OF SERVICES
BID SCHEDULE
For 2022.2023 Street Rehabilitation at Various Locations, Specification
No. 2022.017
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
A.
exposed base or
native). Work
locations are shown
on Appendix 4.
Location Index,
Project Group 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 Appendix
0
7
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.
Adjust water valves
5
to grade, complete
13
EA
$900.00
$11,700.00
$7,200.00
and in place.
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
r"
lace.
Install Limit Line/Stop
7
Bar per Caltrans
1
EA
$560.00
$560.00 ,,i
$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
RPMs.
Install Yellow Center
9
Line/Skip Line per
P82
LF
$2.00
$564.00 vzt
$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
High Visibility
11
YellowlWhite Basic
1
EA
$1,349.00
$1,349.00
$674.50
Crosswalk per
Caltrans Standard
Plan A24F.
Install Type IV(L)
12
and/or TypelV(R)
2
EA
$140.00
$280.00
$140.00
Arrow per Caltrans
Standard Plan A24A.
Furnish and install
13
Traffic Loop
18
EA
$450.00
$8,100.00
$5,400.00
Detection, complete
and in place
7
Remove existing
driveway approach
and replace with
14 SPPWC Standard 2
110-2 Driveway
Approaches
complete and in
Construction
EA $4,000.00 $8,000.00 $8,000.00
btotal $ 221,477.00 ; :
$
115,788.50
10%
$ 22,147.70
$
11,578.85
20%
$ 44,295.40
$
23,157.70
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.
11
Attachment B
Project Plans
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