HomeMy WebLinkAbout04. CC632-3D-Approve 1st Amend to Agmt wih Pico Rivera Lakewood-Rosemead at Telegraph Imp Projitem iiw.
APPROVEDB
TO. HONORABLE MAYOR ASHTON AND MEMBERS OF THE COTWMAGE
FROM: OFFICE OF THE CITY MANAGER W
BY: MOHAMMAD MOSTAHKAMI, P.E., DIRECTOR OF PUBLIC WORKS I
DATE- APRIL 24, 201 V
SUBJECT: LAKEWOOD BOULEVARD/ROSEMEAD BOULEVARD AT TELEGRAPH
ROAD INTERSECTION IMPROVEMENT PROJECT, CASH CONTRACT NO.
632-3D — APPROVE FIRST AMENDMENT TO AGREEMENT WITH THE CITY
OF PICO RIVERA
UZ467ir, Er, P 7k, 79TIVF mok,
That the City Council:
1. Approve the First Amendment to Agreement with the City of Pico Rivera (Amendment)
for the Lakewood Boulevard/Rosemead Boulevard at Telegraph Road Intersection
Improvement Project, Cash Contract No. 632-3D; and
2. Authorize the Mayor to execute the First Amendment to Agreement with the City of Pico
Rivera in a form approved by the City Attorney.
The boundary between the cities of Pico Rivera and Downey at the intersection of Lakewood
Boulevard and Telegraph Road is located at the Telegraph Road centerline. In 2013, staff from
both cities met to discuss a joint effort between the two cities to address the required roadway
improvements at this intersection jurisdictions.
On April 22, 2014, the City Council approved a cooperative inter -agency agreement with the
City of Pico Rivera for the Lakewood Boulevard/Rosemead Boulevard at Telegraph Road
Intersection Improvement Project. Subsequently, both cities executed the agreement with
Downey designated as the lead agency on the project to oversee and administer the design,
right-of-way acquisitions, utility relocations, construction and construction engineering phases
for the project.
On March 24, 2015, the City Council approved the plans and specifications for the subject
project and authorized solicitation for bids. The project was subsequently advertised and on
May 12, 2015, the City Council awarded a construction contract to PALP, Incorporated dba
Excel Paving Company.
On October 12, 2015, construction work commenced. In order to reduce impact to motorists
and adjacent businesses due to the required traffic lane closures high -early strength concrete
was used for paving of the intersection and approaches to the intersection to accelerate the
curing time.
Cash Contract No. 632-31D - Lakewood Boulevard/Rosemead
Boulevard at Telegraph Road Intersection Improvement Project
Approve the First Amendment to Agreement with the City of Pico Rivera
April 24, 2018
In May 2016, various concrete pavement panels on southbound Rosemead Boulevard, north of
Telegraph Road, started to show cracks. Staff investigation of the issue indicated that various
factors, including the use of high stress concrete, contributed to the formation of cracks in a
number of concrete panels.
The City of Pico Rivera has requested the replacement of the damaged (cracked) concrete
panels prior to their acceptance of the project. In order to accommodate Pico Rivera's request
and expedite the project acceptance process, the City of Pico Rivera has agreed to complete
the repair work which is estimated at $81,000.
Staff recommends approval of the attached Amendment to the Cooperative Agreement with City
of Pico Rivera authorizing concrete repair work and acceptance of their share of the project.
The cost of repairs which totals $81,000 would be deducted from the $696,000 share of Pico
Rivera's project cost owed to the City of Downey.
Attachments:
• Attachment 1 - First Amendment to Agreement with the City of Pico Rivera
• Attachment 2 - Agreement between City of Pico Rivera and City of Downey
i# •' 1 '� 1
l WHO r 1 r 1 r r r
Coll #
OUNIUMOOM
THIS FIRST AMENDMENT Amendment") as of day of
April 2018 ("Effective Date"), by and between the City of Downey ("Downey"), a municipal
corporation and charter city, and the City of Pico Rivera ("Pico Rivera"), a municipal
corporation, relating to the cooperative implementation of the Lakewood Boulevard/Rosemead
Boulevard . ' • . • Road . i' • i •. - ' • r •
enhancementsWHEREAS, Downey and Pico ivera are parties to an Agreement ate Apri
relating to cooperative implementation for pavement reconstruction and construction of capacity
••i Boulevard/Rosemead Boulevard and Telegraph R•.•
intersection• and
certain defects in the Project improvements have been identified which
Downey and Pico Rivera desire to repair; and
WHEREAS, the parties desire to have Pico Rivera retain a contractor to repair e
defects in the improvements, with the cost of ep to be de • from the amountowed t
Downey i Pico ' of • Project • described in the Agreement.
NOW, THEREFORE, in consideration of the mutual promises and conditions in this
First Amendment, the parties agree as follows:
-®r
Certain defectsy been identified in the Project improvements,f •
cracking on southbound portions of Rosemead Boulevard near Telegraph Road. Pico Rivera has
obtained estimates to repair said defects. Pico Rivera shall contract with a licensed and qualified
contractor to make the repairs.To pay forthe repairs,Pico Rivera • • $81,000 from
amountthe Pico Rivera responsible for r• • Downey forProject c• pursuant
Section
B. Pico Rivera hereby releases and agrees to indemnify Downey for any and all `
liability arising from the repair work performed y their contractor pursuant to this section, both
during andafterthe completion of said work.
C. The contractor hired by Pico Rivera shall obtain a no fee permit from Downey
two weeks prior to commencing the work due to required traffic control and lane closures.
290/028770-0010
72146655.1 a04/02/18 1
D. Pico Rivera shall reimburse the Project cost to Downey pursuant to Section 5 of
the Agreement within 30 days of receipt of owney's reimbursement request, less the $81,000
amount for Project repairs specified in this section 19."
tics 2.
Upon execution of this First Amendment, Pico Rivera accepts the portions of the Project
located within its jurisdiction.
ec lean 1
In all other respects, the terms of the Agreement are in full force and effect.
FN WITNESS WHEREOF, the Parties do hereby agree to the full performance of the Agreement
. ! the terms set forthherein.
i 1 i
Sean Ashton, Mayor
Date:
ATTEST:
Maria Alicia Duarte, CMC
City Clerk
Gustavo V. Camacho,
Date:.
Anna M. Jerome; CMC
City Clerk
APPROVED AS TO ® APPROVED
��-
Y4- tte . Abich Garcia, City Attorney Arnold M. Alvarez-Glasman, City Attorney
IMM
ORIGINAL
AGREEMENT . 14-1474__
AGREEMENT BETWEEN THE CITY OF PICO RIVERA
AND THE CITY OF DOWNEY FOR (CAS -CONTRACT .632- )
THE LAKEWOODLEBOULEVARD AT TELEGRAPH
ROAD INTERSECTION IMPROVEMENT PROJECT
2
THIS AGREEMENT ("Agreement') is effective as of this PtTd Tay of April 2014
("Effective Date"),.,by and between the City of Downey ("Downey"), a municipal corporation
andcharter city, and the City of Pico Rivera ("Pico Rivera"), a municipal corporation,for the
cooperative implementation of the Lakewood Boulevard/Rosemead Boulevard at Telegraph
Road Intersection Improvement Project (the "Project"),
RECITALS
WHEREAS, the boundary between Downey and Pico Rivera coincides with the
Telegraph Road centerline;
WHEREAS, Downey and Pico Rivera (jointly referred to as the "Parties" and
interchangeably as "Party") agree that the pavement reconstruction and construction, of capacity
enhancements at the LakewoodBoulevard/Rosemead Boulevard and Telegraph Road
intersection is mutually beneficial to the Parties;
WHEREAS, on January 22, 2013, Pico Rivera received a grant from the Gateway Cities
Council of Governments ("COG"), through the Truck -Impacted Intersection Phase 2
Improvement Program, in the amount of $552,311, for the reconstruction of the existing
pavement at the Lakewood Boulevard/Rosemead Boulevard and Telegraph Road intersectio I n as
a concrete intersection. Said funds require a match of 35% and are to be prorated between the
Partiesaccording to the amount of grant -eligible work completed within each Party's
jurisdictional
WHEREAS, in September 2013, Downey received a grant from the Los Angeles County
Metropolitan Transportation Authority ("Metro") in the amount of $2,120,000 through the 1-605
Freeway Corridor Congestion Hot Spot Study for the implementation of capacity enhancements
associated with the Project. Said funds are to be prorated between the Parties according to the
amount of grant -eligible work completed within each Party's jurisdictional l its;.
WHEREAS, it is estimated that the cost for the aforementioned improvements at the
Lakewood Boulevard/Rosemead Boulevard and Telegraph Road intersection is $3,182,127,
inclusive of professional engineering and construction services and right-of-way acquisition.
Each Party is responsible for the portionofactual project costs proportional to the amount of
grant -eligible work completed within each Party's jurisdictional limits;
WHEREAS, the Parties each have appropriated, or will appropriate, sufficient funds to
pay for the design, acquisition of right-of-way, construction of capacity enhancements,
reconstruction of the existing pavement, and redesign and reconstruction of the traffic signal, at
the Lakewood Boulevard/Rosemead Boulevard and Telegraph Road intersection consisting of
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�■I 1�i11�11i1\��i1
the COG and Metro grant funds and the Parties' own funds, if necessary, should the grant funds
not sufficiently ° cover the entire cost of the Project;
WHEREAS, any excess grant funds remaining after the completion of the Project shall
be applied to the improvement of Telegraph Road. in each jurisdiction west of the Lakewood
Boulevard/Rosemead Boulevard intersection;
WHEREAS, the Parties desire to cooperate in the reconstruction of existing pavement
and implementation of capacity enhancements at the Lakewood Boulevard/Rosemead Boulevard
and Telegraph Road intersection;
WHEREAS, the Parties shall construct the Project within their respective jurisdictions
consistent with the Project plans, and any work completed by either Party beyond the Project
plans within their respective jurisdiction shall be at the sole expense of said Party and shall not
be reimbursed by grant funds;
WHEREAS, Downey will conduct Request for Proposals and Invitations for Bids where
applicable for the Project, the responses to which will be jointly reviewed by the Parties;
WHEREAS, the Parties agree that Downey will select an on-call consultant to perform
design, construction management,and inspection services;
WHEREAS, the Parties agree to jointly select a contractor from responsive bids and
proposals and agree that Downey shall execute a service agreement with the jointly selected
contractor; and
WHEREAS, as set forth herein, Pico Rivera shall reimburse Downey fora portion of the
amountpaidby Downey for costs incurred in completion of the Project, apportioned in the
manner as set forth in Section 5..
NOW, THEREFORE, in consideration of the mutual promises and conditions in this
Agreement, the Parties agree as follows:
SECT10N 1. Purpose of the Agreement.
The purpose of this Agreement is to provide for Pico Rivera's reimbursement of a portion of
Downey's Costs Incurred in completing the Project and to provide for the defense of any action
arising against either or both Parties as a result of the construction of the Project. For purposes
of this Agreement, the term "Downey's Costs Incurred" includes costs incurred by the City of
Downey, including, but not limited to, expenses arising from project management, design
-consultants,-- funding management, right-of-way engineering and acquisition, construction
materials and labor, and construction management. Downey's Costs Incurred does not include
costs covered by the Metro grant received by Downey or by the COG grant received by Pico
Rivera. Pico Rivera's reimbursement of a portion of Downey's Costs Incurred in completing the
Project shall beapportioned based on the grant eligible work completed within Pico Rivera's
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jurisdictional limits as described more fully in Section 5 below and as agreed in writing between
the Parties upon review of the final project plans.
ECLION 2. Term of the Agreement.
The term of this Agreement, shall commence on the Effective Date identified above and shall
continue until Pico Rivera has remitted to Downey full payment of costs pursuant to Section 5 of
this Agreement, or until the Agreement is tenninated as provided for in Section 7.
SECTION . Project Scope,
The Project will include the following elements:
• Reconstruction of the' intersection with a concrete intersection, including the approach
and departure legs;
• Acquisition of right-of-way at the southeast eorner of the intersection and widening along
the south side of Telegraph Road on the east and west sides of Lakewood Boulevard in
order to provide width for additional turn lanes, consisting of double left -turn lanes in all
four directions and exclusive right -tum lanes in the eastbound and northbound directions;
• Construction of decorative concrete crosswalks,
•, Relocation of existing power poles and street lights,
• Construction of curb ramps, drive approaches and miscellaneous sidewalk construction;
• Modification of the existing traffic signal, including the installation of video detection;
• Incidental striping and signing modifications
SECTION 4. Selection of Contractors and Consultants
Downey shall conduct Requests for Proposals and Invitations of Bids where applicable, for the
Project. Downey shall consult with rico Rivera during the selection process regarding the
qualifications and costs presented in responding bids and proposals. The Parties will jointly
select from responding bids and proposals Project' contractors or consultants shall be hired by
Downey. Pico Rivera has the right to review and comment onDowney's agreements with
contractors and consultants, prior to execution of the agreements. The Parties' agree that any
provisions in the contractor orconsultant 'services agreement requiring that Downey is listed as
an "additional insured shall also require that Pico' Rivera is listed as an "additional insured."
The Parties` also agree that the agreement for contractor or consultant services shall require the
contractor or consultant to meet with Pico Rivera to provide information necessary to the Project.
During construction of Project, Downey shall furnish a construction manager and/or an
inspector ("Downey Project Representative") to oversee the construction work. The selection
process of Downey's Project Representative shall involve both Parties, provided that Downey's
project representative is not a Downey employee. Pico Rivera may also furnish, at no cost to
Downey, an inspector or other representative ("Pico Rivera Project Representative") to inspect
the construction of the Project. Should Pico Rivera exercise this option, Downey's and Pico
Rivera's respective Project Representatives shall cooperate and consult with each other and- any
construction conflicts in the field shall be addressed by the Project Representatives from both
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e
Parties. In addition, Pico Rivera reserves the right to address any conflicting issues which may
occur within its jurisdiction. However, the orders of the Downey Project Representative shall
prevail and be final.
SECTION , 5. Reimbursement of Costs.
Pico Rivera shallbe; responsible for reimbursing, Downey for Downey's Costs Incurred which
shall be limited and proportional to that amount of grant -eligible work completed within Pico -
Rivera's jurisdictional limits and asagreedin writing between the Parties upon review of the
fmal project plans ("Pico Rivera's Obligation"). Downey's Costs Incurred does not include costs
covered by the Metro grant received by Downey or by the COG grant received by Pico Rivera.
Upon Pico Rivera's receipt of an invoice for Pico Rivera's Obligation Project costs ("Project
Invoice"), such as services performed for, or materials used on the Project, Pico Rivera shall pay
the Project "Invoice in;full. Pico Rivera may use funds available from the COG to pay Pico
Rivera's Obligation to the extent said grant funds are available and applicable. The COG funds ;
shall only be applied to the design, construction,- project management, construction engineering,
and inspection related to the reconstruction of existing pavement associated with the Project, and
will not apply to the Project costs related to the implementation of capacity enhancements.
In addition to the Project Invoice showing the balance of Pico Rivera's Obligation due, Downey
shall provide Pico Rivera with supporting Project documents, which include, but are not limited
to, construction as -built pians, construction and demolition documentation, and centerline
monument corner tie point records. Within thirty (34) days of Downey's submittal to Pico
Rivera of the Project Invoice showing the balance of Pico Rivera's Obligation and other items
(as -built plans, construction and demolition documents and centerline tie records) to Pico
Rivera's satisfaction, Pico Rivera shall remit payment to Downey for Pico Rivera's Obligation as
shown on the Project Invoice.
SECTION b. 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, but not limited to, 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 indemnificationofa Party .for liability for
damages and injuries to third persons or property arising from the Indemnitor Party's negligent
Page 4 of 8
performanoe of this Agreement. This Section 6 survives the termination or expiration of this
Agreement.
SECTION 7. 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 shall provide a Notice of
Default to the violating Party setting forth the breached terms or conditions of this
Agreement. The violating Party -shall then have thirty (30) days to cure the terms
and conditions in the written notice. The Notice of Default shall refer to this clause,
specify the nature of the alleged default, and shall specify the effective date of the
termination in the event that 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 shall then have the right to terminate this
Agreement without further notice to the violating Party. Downey shall only receive
reimbursement for Pico Rivera's Obligation, if any is due pursuant to Section -5 of
this Agreement, for the portion of the Project performed in compliance with this
Agreement as of the termination date.
SE_CTIQ1° . Assignment,
The rights and duties of each Party are specific to the Parties and are not transferrable without
the consent of the non -transferring Party. Neither Party shall assign rights or responsibilities
under this Agreement without the express written consent of the other Party, which may be
withheld for any reason or no reason.
SECTION 9. Resolution of Disputes.
A. Disputes regarding the interpretation or application of any provisions of this
Agreement shall, to the extent reasonably feasible, be resolved through good faith
-negotiations between the Parties. If following good faith negotiations between the
Parties, the Parties are unable to reach a mutually agreeable resolution to the dispute,
either party may commence an action in the appropriate court in Los Angeles
-County as described in Section 14.
B. Notwithstanding the indemnification provisions outlined in Section 6 above, if any
action, at law or in equity, is brought to enforce or to interpret the provisions of this
Agreement, the prevailing Party shall be entitled to recover reasonable attorney's
fees, costs and expenses incurred in the pursuit or defense of said action, in addition
to other relief that may be sought and awarded. This Section 9B shall survive the
termination or expiration of this Agreement.
SECTION I. Notice.
Page 5 of 8
A. Any notice desired or required to be given pursuant to this Agreement or by any law
now or hereinafter in effect shall be given by personal delivery, or by enclosing the
same in a sealed envelope with postage prepaid, certified or registered mail, return
receipt requested, with the United States Postal Service.
B. Notice to Downey shall be sent to following address: City of Downey, 11111
Brookshire Avenue, Downey, CA 90241, Attn: Director of Public Works.
C. Notice to Pico Rivera shall be sent to the following address: City of Pico Rivera,
661-5 Passons Boulevard, Pico Rivera, CA 90660, Attn: Director of Public Works.
SECTION 1:1, Force Majeure.
The respective duties and obligations of the Parties, pursuant to this Agreement, shall be >
suspended while and so long as performance is prevented or impeded by strikes, disturbances,
riots, fires, severe weather, government action, war acts, acts of God, or any other cause similar
or dissimilar to the foregoing, which are beyond the control of the Party from whom the affected
performance was due.
SECTION 12. Waiver::
Either Party's failure to insist upon strict performance of any of the terms or conditions of this
Agreement shall not be deemed a waiver of any right or remedy that the Parties may have, and
shall not be deemed a waiver of any right or remedy for a subsequent breach or default of terms
or conditions of this Agreement.
SECTION 13. Severability.
If any provision of this Agreement. is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will continue in full force and effect without being
impaired or invalidated in any. way.
SECTION 14, Governing Law and Compliance.
A. In performing the duties and obligations pursuant to this Agreement, each Party is
responsible for its compliance with all local, State and Federal laws, and regulations.
B. This Agreement shall be governed by and construed in accordance with the laws of
the State of California. In the event of litigation between the Parties, venue in the
State trial courts shall lie exclusively in the County of Los Angeles. In the event of
litigation in a U.S. District Court,' exclusive venue shall lie in the Central District of
California.
SECTION 15. Headings.
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x ,
The headings, order, and grouping of provisions of this Agreement are for the purpose of
convenience and shall not be used to construe meaning or intent.
SECTION 16. Interpretation of Terms.
This Agreementis jointly prepared by the Parties. Therefore, this Agreement shall not be
construed against any Party on the basis such Party drafted this Agreement or any provision
within it.
SECTION 17. Entire Agreement and Exhibits,
This Agreement ,supersedes any and all other agreements, either oral or in writing, between the
Parties with respect to the Project.` Each Party to this Agreement acknowledges that no
representation, statement or promise which is not embodied in this Agreement or any other
agreement shall be valid and binding. Any modification of this Agreement shall be effective
only if it is in writing and signed by both Parties.
SECTION 18. Authority.
The individuals executing this Agreement represent and warrant that they have the right, power,
legal capacity, and authority to enter into and execute this Agreement on behalf of the respective
Parties. This Agreement shall inure to the benefit of, and be binding upon, the Parties hereto and
their respective successors and assigns.
IN TS WHEREOF, the Parties do hereby agree to the full performance of the
terms set forth herein.
(Signatures on next page)
Page 7 of 8
CITY OF DOWNEY
N
a qmz> Mayor
Date 5 1
ATTEST:
A_*M-.-menez, C C
City Clerk for the City of Downey
APPROVED AS TO FORM:
Yvette . Alich Garcia, City Attorney
CITY
Brent A. Tercero, 4<ror
Date:
ATTEST:
Zhv
_..
-1
Anna tM. Jerome; MC<
City Clerk for the ity of Pico Rivera
APPROVEDAS TO FORM:
ILA /4/1/014i — A4-�
oldl .
6Al arez,--h man, City Attorney
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