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04-21-2020 - AGENDA ITEM 03 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF WEST COVINA AND COVINA FOR THE CONSTRUCTION AND MAINTENANCE OF UPDATED PEDESTRIAN SIGNAGE AND STRIPING, AND CROSSWALK REMOVAL AND RELOCATION AT THE INTERSECTIONAGENDA ITEM NO.3 Xft AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 21, 2020 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF WEST COVINA AND COVINA FOR THE CONSTRUCTION AND MAINTENANCE OF UPDATED PEDESTRIAN SIGNAGE AND STRIPING, AND CROSSWALK REMOVAL AND RELOCATION AT THE INTERSECTION OF LARK ELLEN AVENUE AND GROVECENTERSTREET RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the City of Covina for the construction and maintenance of pedestrian/school crossing facilities on Lark Ellen Avenue and Grovecenter Street, with costs shared equally between the two cities; 2. Authorize the installation of a street light as part of the project, the cost of which will be borne solely by West Covina; and 3. Authorize the City Manager to execute any amendments to the MOU, provided that any increase in the City's contribution for the improvements is consistent with any construction agreement approved by the City Council for such improvements. BACKGROUND: At the March 21, 2018 Traffic Committee meeting, a traffic study was presented analyzing the existing south leg crosswalk at the intersection of Lark Ellen Avenue and Grovecenter Street. The subject intersection is adjacent to the Grovecenter Elementary School driveway. Currently, the crosswalk is located at the south leg of the intersection and south of the school driveway with exiting parent vehicles and crossing pedestrians in conflict with pedestrians crossing at the same time as exiting vehicles. Due to the angled position of the crosswalk, there is also a decreased line of sight for oncoming vehicles seeing crossing pedestrians. The Traffic Committee recommended the removal of the existing crosswalk and relocate the crosswalk to the north leg to improve the overall operation and safety of the intersection for both motorists and pedestrians. Per the California Manual on Uniform Traffic Control (CAMUTCD) and the California Vehicle Code (CVC), crosswalk removal notices must be posted at the crosswalk for 30 days prior to removal. DISCUSSION: The crosswalk improvements are in front of Grovecenter Elementary School on Lark Ellen Avenue at Grovecenter Street. Grovecenter Elementary School is attended by students from the Cities of West Covina and Covina, and the subject intersection is at the border between the two cities. Both West Covina and Covina have been involved in the preparation of the attached Memorandum of Understanding (MOLT), which has been reviewed by attorneys representing both cities. The City of West Covina will take the lead in designing and updating pedestrian signs and markings as well as the crosswalk removal and relocation. The pedestrian and school crossing facility improvements include the following, which are specified in the MOU: (a) removal of the existing school crosswalk in south leg of the intersection; (b) installation of a new ladder -striped yellow school crosswalk on the north leg of the intersection across Lark Ellen Avenue located in both cities; (c) installation of pavement markings and "shark's teeth" yield lines approaching the intersection in both cities; (d) installation of bi-directional solar powered Rectangular Rapid Flashing Beacons with Pedestrian actuated push buttons on both sides of the north leg crosswalk located in both cities; (e) installation of one Americans with Disabilities Act (ADA) ramp on the west side of Lark Ellen Avenue in West Covina; (f) installation of two ADA ramps, one at the northeast corner and one at the southeast corner of the intersection, in Covina; (g) installation of ladder -striped yellow crosswalk in the east leg crossing of Grovecenter Street in Covina; and (h) installation of new pavement markers and striping in both cities. The design of the improvements is depicted in detail in Exhibit A to Attachment No. 1. In addition to the improvements set forth in the MOU, West Covina intends to install a street light at the intersection as part of the project. The City of West Covina will have the responsibility and express authority/permission to construct all pedestrian improvements related to the crosswalk as listed above. With the exception of the street light that West Covina intends to install, the cost of the improvements will be divided equally between the two cities, including the actual costs of construction and the cost to administer the construction contract, as set forth in the MOU. Both cities will divide the ongoing maintenance responsibilities and costs related to the improvements as set forth in the MOU. LEGAL REVIEW: The City Attorney's Office has reviewed and approved the MOU as to form. OPTIONS: The City Council has the following options: 1. Approve staffs recommendation; or 2. Provide alternative direction. ENVIRONMENTAL REVIEW: The proposed Project is a project subject to the California Environmental Quality Act (CEQA). Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15302: Replacement or reconstruction (c) as the project involves revisions to an existing roadway intersection. Fiscal Impact FISCAL IMPACT: The funding source for this project will be from the approved Pedestrian Safety Improvements Project No. 19027, Measure M Funds (Fund 235). No additional budget amendments or approvals will be required at this time. The shared costs for this work including inspection and administrative costs is estimated to be $77,232.15. Since each city is contributing 50% of such costs, West Covina's estimated contribution is $38,616.08. This does not include street light construction, which is an additional cost of $14,000, not shared, and will be paid for by the City of West Covina. The total cost for the City of West Covina is estimated to be $52,616.08. The breakdown is as follows: Grand Total Shared Cost of Improvements $77,323.15 City of West Covina Share of Cost as 50% of Total Cost 1$38,616.08 City of Covina Share of Cost at 50% of Total Cost $38,616.08 Additional Cost: Construction of one street light will be done by Southern $14,000.00 California Edison will be paid for by the City of West Covina as part of the West Covina Lighting District Fund Attachments Attachment No. 1 - MOU City of West Covina and Covina CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety Respond to the Global COVID-19 Pandemic ATTACHMENT NO.1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE CITY OF COVINA FOR THE CONSTRUCTION AND MAINTENANCE OF PEDESTRIAN/SCHOOL CROSSING FACILITIES ON LARK ELLEN AVENUE AND GROVECENTER STREET THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this day of , 2020 ("Effective Date"), between the CITY OF WEST COVINA, a California municipal, hereinafter called "West Covina" and the CITY OF COVINA, a California municipal corporation, hereinafter called "Covina." West Covina and Covina are sometimes referred to herein as "Party" and collectively as the "Parties" or "Cities." RECITALS 1. Both West Covina and Covina desire to have constructed and maintained certain pedestrian and school crosswalk facility improvements at the intersection of Lark Ellen Avenue and Grovecenter Street ("Intersection") at or near the border shared by both Cities. The crosswalk improvements are in front of Grovecenter Elementary School on Lark Ellen Avenue. 2. The pedestrian and school crossing facility improvements include: (a) removal of the existing school crosswalk in south leg of the Intersection; (b) installation of a new ladder - striped yellow school crosswalk in the north leg of the Intersection across Lark Ellen Avenue located in both Cities; (c) installation of pavement markings and "shark's teeth" yield lines approaching the Intersection in both Cities; (d) installation of bi-directional solar powered Rectangular Rapid Flashing Beacons with Pedestrian actuated push buttons on both sides of the north leg crosswalk in both Cities; (e) installation of one Americans with Disabilities Act (ADA) ramp on the west side of Lark Ellen Avenue in West Covina; (f) installation of two ADA ramps, one at the northeast corner and one at the southeast corner of the Intersection, in Covina; (g) installation of ladder -striped yellow crosswalk in the east leg crossing of Grovecenter Street in Covina; and (h) installation of new pavement markers and striping in both Cities, as depicted in detail in Exhibit "A," attached hereto and incorporated herein by this reference. The pedestrian and school crossing facility improvements are collectively referred to in this MOU as "Pedestrian Improvements." The design of the Pedestrian Improvements as set forth in Exhibit "A" is acceptable to both Cities. 3. The Parties desire that West Covina, and not Covina, shall have the responsibility and express authority/permission to construct or cause to be constructed all of the Pedestrian Improvements. YAAgreements\WCovin Covina Ped Imp Agreement 01062020.dm 4. The Parties desire to each equally contribute financially to the construction of the Pedestrian Improvements, including the actual costs of construction and the cost to administer the construction contract, as set forth in this MOU. 5. The Parties desire to divide the ongoing maintenance responsibilities and costs related to the Pedestrian Improvements in the manner set forth in this MOU. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. CONSTRUCTION OF PEDESTRIAN IMPROVEMENTS. West Covina shall have the sole responsibility to construct and install and/or cause to be constructed and installed all Pedestrian Improvements within six (6) months after award of a contract to the contractor. Covina hereby, agrees to cooperate with West Covina, as may be necessary, and respond to reasonable inquiries and requests from West Covina throughout the construction phase of this MOU. West Covina agrees to install the Pedestrian Improvements as they are shown in Exhibit A. In the event a modification to the design becomes necessary due to changed conditions or later discovered conditions, West Covina shall advise Covina of the design change, modification, construction and the costs of such change or modification and shall obtain Covina's written approval prior to West Covina's approval of any design change or modification. 2. COST ALLOCATION OF CONSTRUCTION SERVICES. All costs associated with the construction of the Pedestrian Improvements, including actual costs of construction and all costs incurred by West Covina to let and administer any construction contract, shall be allocated between West Covina and Covina as follows: Agency Cost of Construction (%) West Covina 50% Covina 50% The Cost Estimate for the construction of the Pedestrian Improvements is set forth in Exhibit "B," attached hereto and incorporated herein by this reference. In no event shall Covina's or West Covina's share of the costs of the Pedestrian Improvements exceed Thirty -Nine Thousand Dollars ($39,000.00) without prior written approval of both Cities memorialized by an amendment to this MOU. 3. PAYMENT OF CONSTRUCTION COSTS. A. West Covina agrees to submit to Covina invoices for construction and construction administration costs, in triplicate (and with supporting documentation satisfactory to Covina), that are itemized and specify (i) the particular construction service rendered; (ii) the total cost thereof; and (iii) that dollar amount which represents fifty percent YAAgeements\WCovin Covina Ped Imp Agreement 01062020.dm (50%) of the total cost to reflect the total amount to be contributed by Covina for the construction of the Pedestrian Improvements. B. Covina shall submit payment to West Covina for the full amount showing due on any and all invoices submitted by West Covina pursuant to this MOU, thirty (30) days following Covina's receipt of an invoice. C. In the event that Covina disputes the amounts stated on any itemized invoice, Covina shall submit along with payment of the full amount showing due, including the amount in dispute, a written notice of such dispute and the basis for the dispute. The Parties shall endeavor to resolve any such disputes within a reasonable time after West Covina's receipt of a notice of dispute and payment. Any adjustments in the invoice amount upon resolution of the dispute will be credited to future invoices, or returned if no invoices are forthcoming. 4. MAINTENANCE. West Covina and Covina shall each perform and pay the cost of all operation and maintenance services, as necessary, for the proper operation, maintenance and repair of the Pedestrian Improvements, and any portion thereof, situated within their respective city limits. 5. INDEMNITY. West Covina and Covina both mutually agree to indemnify, defend and hold harmless each other and their respective officers, agents, volunteers, servants and employees from any and all claims, demands, liabilities, debts, damages, suits, losses, actions and causes of action, of whatever kind, nature or sort, including, but not by way of limitation, wrongful death, personal injury or damage to property, the expenses of the defense of said parties and the payment of attorneys' fees in any such claim or action, occurring or resulting, in any way, from the actual or alleged negligent acts or omissions or willful misconduct of either party arising out of the performance of services by either parry, or their officers, agents, volunteers, servants and employees, in connection with the performance of this MOU. 6. TERM. This MOU shall be deemed to have become effective on the Effective Date and shall expire on December 31, 2020. 7. NOTICE. Any notice required or permitted to be sent to each parry shall be sent by regular mail, addressed as follows: City of West Covina 1444 West Garvey Avenue South West Covina, CA 91790 ATTN: City Manager City of Covina 125 E. College Street Covina, CA 91723 ATTN: City Manager Y:\Ag—ents\WCovina-Covina Ped Imp Agreement 01062020.dm 9. GOVERNING LAWNENUE. This MOU shall be governed by the laws of the State of California. Any action or proceeding between the Parties concerning the interpretation of this MOU shall be instituted and prosecuted in the Los Angeles County Superior Court, Pomona Courthouse. 10. AMENDMENTS. Only a writing executed by the parties hereto or their respective successors and assigns may amend this MOU. 11. WAIVER. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this MOU shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 12. SEVERABILITY. If any provision of this MOU is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this MOU, based upon the substantial benefit of the bargain for any parry, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both Parties agree to substitute such provision(s) through good faith negotiations. 13. COUNTERPARTS. This MOU may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE] Y:\Ag—ents\WCovina-Covina Ped Imp Agreement 01062020.dm IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by and through their respective authorized officers, as of the date first above written. Date Approved as to Form: Thomas P. Duarte, City Attorney Date Approved as to Form: City Attorney City of West Covina, a Municipal Corporation By David N. Carmany, City Manager ATTEST: Lisa Sherrick, Assistant City Clerk City of Covina, a Municipal Corporation By City Manager ATTEST: City Clerk Y:\Ag—entskWCovina-Covina Ped Imp Agreement 01062020.dm EXHIBIT A DESIGN Exhibit A: Proposed Concept Diagram of Pedestrian Improvements at Lark Ellen Avenue and Grovecenter Street { Egg GROVECENTER ELEMENTARY SCHOOL c? .V� I �I �7 iurftJ r I c� AID GROVECENTER ST EXISTING CONDITIONS PROPOSED CONDITIONS A Grovecenter St at Lark Ellen Ave Ladder Striped Crosswalk in Yellow High Visibility PaintIN 111-5 Yield Here to Pedestrians Sign N ✓ Angled Uncontrolled Crosswalk in South (Spacing of lines selected to avoid wheel path) , Construct ADA Compliant Pedestrian Curb Ramp and Leg of Intersection © Advanced Yield Lines in White Visibility Paint (20 to 50 feet Install Truncated Domes (refer to design plan) ✓ "School Warning" signage from Crosswalk) ✓ No "School Xing Ahead" signage m Paint White "STOP" Pavement Legend and STOP Line in ✓ Yellow "Slow School Xing" pavement Solar Powered Double -Sided LED Blinking School Crossing High Reflective Paint legends in NB and SB direction Sign (S1-1, 36x36) with Rectangular Flashing Beacon and Paint Curb in Red ✓ No "Yield Here for Pedestrian" signage Diagonal Arrow Plaque (W16-7P, 24x12) with Pedestrian I ✓ Non-ADA compliant curb ramps I Push Button F1 Double -Sided No Pedestrian Crossing (R9-3) Sign with Us( ! ✓ 25 mph School Speed Limit signage Crosswalk (R9-30) Plaque p p Fed Swle Lighting ®� YV Y ✓ 2l mph Speed Limit Signs c Install STOP (RI-1) Sign ✓ 2 lanes in NB and SB Directions ® No Left Turn (R3-2) Sign - Remove Existing Crosswalk and Pavement Markers by Wet Repaint Yellow "SLOW SCHOOL XING" Pavement Legend Sandblasting 1 in Highly Reflective Paint(100 feet from Crosswalk, CAMUTCD Section 7C.03) vmzaoaoa Prepared By: Transtech Engineers, Inc. EXHIBIT B COST ESTIMATE Transtech Engineers, Inc. DATE 11/13/2019 PREPARED: CONTRACTNO.: 19502 COST ESTIMATE SHEET ENGINEER/ Transtech DESIGNER: J De Peralta ESTIMATOR: CHECKED BY: OD JDP Grovecenter Elementary School Pedestrian Crosswalk Relocation QUANTITY UNIT ITEM NO. DESCRIPTION OF ITEM NO. UNITS MEAS. UNIT PRICE TOTAL PRICE Construct 2 pole Double Sided Solar -Powered Rectangular Flashing Beacon (RRFB) with Double 1 Sided LED Blinking School Crossing Assemble, Sign 1 SET $20,000.00 $20,000.00 S1-1, and Downward Arrow Sign, W16-7P, including Pedestrian Push Button and Pole & Foundation Construct Curb Ramp per SPPWC Std. Plan No. 111- 5, Case B, Type 1, with retaining curb per Detail B. Work shall include the following: 2 a. Remove ex. PCC walk; 1 EA $7,000.00 $7,000.00 b.Remove and reconstruct existing curb and gutter; c.Slot cut 1' wide x 8" deep ac pavement & fill it full depth with AC pavement type C2-PG 64-10 Construct Curb Ramp per SPPWC Std. Plan No. 111- 5 Case B, Type 1 modified as shown on the plan with retaining curb & detectable warning surface. Work shall also include the following: a.Remove ex. PCC walk & curb ramp; 3 b.Remove and reconstruct portion of existing cross 2 EA $10,000.00 $20,000.00 gutter per applicable notes & details of SPPWC Std. Plan 122-2; curb shall be constructed monolithic with gutter; shall have #4 by 18" dowels at contact joints; c.Slot cut 1' wide x 8" deep ac pavement & fill it full depth with AC pavement type C2-PG 64-10 Install 12" yellow high visibility ladder crosswalk with 4 2' wide bars and 2' wide gaps crosswalk, crosswalk 1 LS $1,500.00 $1,500.00 shall be 10' wide inside dimension 5 Remove existing crosswalk, pavement markings and 1 LS $1,000.00 $1,000.00 confIctinq striping by wet sand blasting 6 Remove Existing Sign from existing post and salvage 2 EA $100.00 $200.00 to the City 7 Construct Si n Post to match existin 4 EA $250.00 $1,000.00 emove exlsl ng ree, cap Irrlga Ion Ine, I an 8 recompact created voids and construct 4" PCC 1 LS $1,000.00 $1,000.00 9 Paint yield lines and striping lane line 1 LS $800.00 $800.00 10 Paint curb red 130 LF $3.00 $390.00 11 Repaint existing red curb 173 LF $3.00 $519.00 12 Install Words Pavement Marking per Caltrans Std 12 EA $100.00 $1,200.00 Plan A24D EA per word 13 stall Stop and Stop bar per SSPWC Std. Plan 172- 1 LS $200.00 $200.00 0 14 Install Sign on post as indicated on the plan 8 EA $300.00 $2,400.00 SUBTOTAL $57,209.00 15% CONTINGENCY $8,581.35 10% Contract Admin $5,720.90 10% Inspection $5,720.90 Engineering eet for Grovece.ter M Lark Ella, Crosswalk 111319..N. PAGE 1 OF 2 Transtech Engineers, Inc. DATE 11/13/2019 PREPARED: CONTRACTNO.: 19502 COST ESTIMATE SHEET ENGINEER/ Transtech ESTIMATOR: CHECKED BY: OD DESIGNER: J De Peralta JDP Grovecenter Elementary School Pedestrian Crosswalk Relocation GRAND TOTAL $77,232.15 City of West Covina Share of Cost at 50 % of Total Cost $38,616.08 City of Covina Share of Cost at 50 % of Total Cost $38,616.08 Construction of one Street Light will be done by SCE will be paid for by the City of West Covina to $tq 000.00 SCE as part of the West Covina Lighting District fund Engineering -for Grovecenter M Lark Ellen Crosswalk 111319..N. PAGE 2 OF 2