Item No. 4AGENDA ITEM NO.4
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: May 17, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH THE CITY OF
COVINA FOR THE CONSTRUCTION OF CITRUS AVENUE REHABILITATION
PROJECT
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with
the City of Covina for the construction of Citrus Avenue Rehabilitation Project as a cost share
agreement;
2. 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 the executed MOU;
3. Adopt the resolution:
RESOLUTION NO. 2022-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR
COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022
BACKGROUND:
The City of Covina (Covina) informed City of West Covina (West Covina) staff that Covina is planning to
rehabilitate Citrus Avenue this year. The improvements will be made on Citrus Avenue between
Workman Avenue to approximately 700 feet north of the Citrus Avenue and Workman Avenue
intersection. Please see aerial (redline indicates West Covina City boundary):
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1 �'�� Y"MYfIVYl1Y' J1
;0.F ()9 ken fOF dI RI.V eE�� RAy�S
Subsequently, West Covina staff contacted Covina staff to incorporate the West Covina portion of the
work in the project bid package construction bid as an additive alternate.
Covina staff, as the lead agency, advertised the construction bid package for the proposed project and
received bids on April 19, 2022.
The proposed scope within West Covina City limits is included on the construction bid package as an
additive alternate bid item. The proposed work includes 2" coldmill and overlay of existing asphalt
roadway, reconstruction of existing concrete pavement, adjusting existing manhole covers to grade, and
restoration of striping to match existing in kind. West Covina's not to exceed cost share for the project is
$150,202.10 including construction costs as well as soft costs.
Covina awarded the contract at their May 3, 2022, City Council meeting.
DISCUSSION:
In order to proceed with West Covina's portion of the street improvements, an MOU is required with
Covina, and a budget amendment to appropriate $160,203 for the Citrus Ave. Rehabilitation Project.
A draft MOU between West Covina and Covina has been prepared for approval by the City Council
(Attachment No. 1). If approved, staff will continue to work with the City Attorney's Office and Covina to
finalize the MOU. If the MOU is approved, Covina will act as leading agency on this project and West
Covina will provide cost contribution for its portion of the project. The budget amendment is also attached
(Attachment No. 2).
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Approve Staffs recommendation; or
2. Provide alternative direction.
Prepared by: Okan Demirici PE, CIP Manager
Fiscal Impact
FISCAL IMPACT:
1 ne toiiowInu Is ine DreaKaown oT me
or vvesr Covina bnare or cosy as pe
of Covina
;ct Management and Administration
10,000
Measure M fundinq is available and proposed to be used for this proiect as follows:
Project No.
Fund Name
Account No.
Current
Budget
Amount
Requested
Proposed
Budget
22027
1 MEASURE M
235.80.7005.7200
$
$160,203
$160,203
Total
$
$160,203
$160,20
Attachments
Attachment No. 1- Mou Between West Covina and Covina
Attachment No. 2 - Resolution No. 2022-54 (Budget Amendment)
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Enhance City Image and Effectiveness
Maintain Good Intergovernmental Relations
A Creative and Active Communuty
ATTACHMENT NO. 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF WEST COVINA AND THE CITY OF COVINA
FOR CITRUS AVENUE REHABILITATION PROJECT
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this day
of , 2022 ("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 construct asphalt concrete roadway
improvements on Citrus Avenue at or near the border shared by both Cities. The
proposed roadway rehabilitation improvements are on Citrus Avenue between Workman
Avenue to approximately 700 feet north of Citrus Avenue and Workman Avenue
intersection.
2. The Citrus Avenue rehabilitation improvements include: (a) cold mill 2-inch thick
existing pavement; (b) construct 2-inch thick pavement ARHM-GG-C (PG64-16); (c)
adjust existing manhole covers to grade; (d) restore striping to match existing in kind, as
depicted in detail in Exhibit "A," attached hereto and incorporated herein by this
reference. The proposed roadway rehabilitation improvements are collectively referred to
in this MOU as "Roadway Improvements". The design of the Roadway Improvements as
set forth in Exhibit "A" is acceptable to both Cities.
3. The Parties desire that Covina, and not West Covina, shall have the responsibility and
express authority/permission to construct or cause to be constructed all of the Roadway
Improvements.
4. The City of West Covina desire to contribute financially to the construction of the
Roadway Improvements within City of West Covina city limits, the area defined as
Citrus Avenue between Workman Avenue and approx. 700 north of Citrus Avenue,
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.
Page 67 of 74 ATTACHMENT E
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1. CONSTRUCTION OF ROADWAY IMPROVEMENTS. Covina shall have the sole
responsibility to construct and install and/or cause to be constructed and installed all Roadway
Improvements within six (6) months after award of a contract to the contractor. West Covina
hereby, agrees to cooperate with Covina, as may be necessary, and respond to reasonable
inquiries and requests from Covina throughout the construction phase of this MOU. Covina
agrees to install the Roadway 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, Covina shall advise West Covina of the design change, modification, construction
and the costs of such change or modification and shall obtain West Covina's written approval
prior to Covina's approval of any design change or modification.
2. COST ALLOCATION OF CONSTRUCTION SERVICES. All costs associated with
the construction of the Roadway Improvements within City of West Covina city limits, , the area
defined as Citrus Avenue between Workman Avenue and approx. 700 north of Citrus Avenue,
including actual costs of construction and all costs incurred by Covina to let and administer any
construction contract, shall be paid by West Covina.
The Cost Estimate for the construction of the Roadway Improvements is set forth in Exhibit `B,"
attached hereto and incorporated herein by this reference. In no event shall West Covina's share
of the costs of the Roadway Improvements exceed One Hundred Fifty Thousand Two
Hundred Two Dollars and Ten Cents ($150,202.10) without prior written approval of both
Cities memorialized by an amendment to this MOU.
3. PAYMENT OF CONSTRUCTION COSTS.
A. Covina agrees to submit to West 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
(50%) of the total cost to reflect the total amount to be contributed by West Covina
for the construction of the Roadway Improvements.
B. West Covina shall submit payment to Covina for the full amount showing due on any
and all invoices submitted by Covina pursuant to this MOU, thirty (30) days
following West Covina's receipt of an invoice.
C. In the event that West Covina disputes the amounts stated on any itemized invoice,
West 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 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.
Page 68 of 74 ATTACHMENT E
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 Roadway Improvements, and any portion thereof, situated within their respective
city limits.
5. INDEMNITY. West Covina and Covina both mutually agreed 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 party, 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, 2022.
7. NOTICE. Any notice required or permitted to be sent to each party 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: Rafael M. Fajardo
City Engineer
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
Page 69 of 74 ATTACHMENT E
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 party, 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]
Page 70 of 74 ATTACHMENT E
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
Page 71 of 74
ATTACHMENT
EXHIBIT A
DESIGN
Page 72 of 74 ATTACHMENT E
EXHIBIT B
COST ESTIMATE
Page 73 of 74 ATTACHMENT E
City of Covina
Citrus Avenue Rehabilitation Project
West Covina Cost Estimate
Base Bid
Item
Description
Unit
Oty, I
GentryBrothers
Unit Price
Total
Alternate No. 1 - Citrus Avenue West Covina
1 Cold M 112 inch e ist n AC Pavement
SF .
21,160
$
1.00
$ 21,160.00
ConstConstruct 1-inch AC Pavement Levelinq.��!�2
ruct
.........
1��
..............................
: j��
..............................
:$
93.00
..................................
$ 12,276.00
........................;...._Ton
Construct 2-inch AC Pavement ARHM-CG-C
........... ........................................................................................................... ......
..............................
.
..................................
$ 27,825.00
. .... ..... ..... .........
Remove, dispose, and construct 8-inch thick PCC pavement per sppwc
4
3,100
$
17.00
$ 52,700.00
RC
.................................................................................................................
SF
.. ...... ...........
..............................
...................
.....
..................................
:Adjust existing water/gas valve can/ irrigation meter boxt/pull box cover
5
2
$
175.00
$ 350.00
: grade ......................................................................................................
:to
... . ....................................................
EA
.....................
..............................
..............................
..................................
MIjust manhole frame and cover to rade pers p cstd plan205-2.
........... 4 ...................................................................... ..... 9 p ...................................
EA
.....................
1
..............................
$
..............................
600.00
$ 600.00
..................................
:Signing and Striping pavement markings, Complete in place per Plans
7
1
$ 8,000.00
$ 8,000.00
!and Specifications
LS
Total (Alternate Bid No. 1)
$122,911.00
Contingencies
$ 12,291.10
Design (CEJ Engineers Inc.)
$ 5,000.00
Inspection Fee (CEJ Engineers Inc.)
$ 10,00000
Grand Total
$150,202.10
Page 74 of 74 ATTACHMENT E
ATTACHMENT NO.2
RESOLUTION NO.2022-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2021, AND ENDING JUNE 30, 2022
(CONSTRUCTION OF CITRUS AVENUE
REHABILITATION PROJECT)
WHEREAS, the City Manager, on or about May 18, 2021, submitted to the City Council a
proposed budget for the appropriation and expenditure of funds for the City for West Covina for
Fiscal Year 2021-22; and
WHEREAS, following duly given notice and prior to budget adoption, the City Council
held public meetings, considered and evaluated all comments, and on June 15, 2021 adopted a
budget for the fiscal year commencing July 1, 2021 and ending June 30, 2022; and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adoption of the budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves Budget Amendment No. 063, attached
hereto as Exhibit A, for Fiscal Year 2021-22.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter
the same in the book of original resolutions and it shall become effective immediately.
APPROVED AND ADOPTED this 17th day of May 2022.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Dario Castellanos
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby
certify that the foregoing Resolution No. 2022-54 was duly adopted by the City Council of the City
of West Covina, California, at a regular meeting thereof held on the 17th day of May 2022, by the
following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
EXHIBIT A
BUDGET AMENDMENT
Exhibit A
CITY OF WEST COVINA
BUDGET AMENDMENT
Date: 5/17/2022
Requested by: Okan Demirici
Dept/Div: Engineering
EXPENDITURES
BA # 063
Posted By:
Date Posted:
Fiscal Year: 2021-2022
Amount: 160,203.00
Description: Citrus Ave Rehab
Account Number
Dept/Account Description
Current Budget
Proposed Amendment
Amended Budget
235.80.7005.7200
STREETS
-
22027.235.7200
Citrus Ave Rehab
160 203.00
160 203.00
160 203.00
1 160 203.00
REVENUES
Account Number Account Description Current Budget Proposed Amendment Amended Budget
APPROVALS
City Council Approval Date (if required, attach minutes):
Dept Head Approval:
Date:
Finance Director: Date:
Funds Available? ❑ Yes ❑No
❑ Approval Not Required
City Manager: Date:
(if over $100,000)
❑ Approved ❑ Denied