1 ,... .
=
• :v1:
I(.
:~ I/).
-~' SM
TO:
FROM:
INITIATED BY:
DATE:
SUBJECT:
BACKGROUND
*****
Cerritos ] f
tr~Y fJF ~ Er\r\l1f'~$'" r arnencac;
CIVIC CENTER • 18125 81.00MflEI.O AVENUE 1111
P.O. BOX 3130 • CERRITOS, CALIFORNIA 90703-3130 "'
PHONE: (562) 860-031 I • CERRITOS.GOV
AGENDA REPORT
Honorable Mayor and Members of the City Council
Robert A. Lopez, City Manager~
Kristin Aguila, Assistant City Managecl.to... ..
Chris Kuebert, Acting Director of Publl-~s
Jared Lee, Acting City Engineer -1\.,,--
Derek Van Hamersveld, Management Analyst..\\.,,~ 5:>V;.\ September 28, 2026
2008
APPROVAL OF A COOPERATIVE AGREEMENT FOR THE
VALLEY VIEW STREET REHABILITATION PROJECT
BETWEEN THE CITIES OF BUENA PARK, CERRITOS, AND
LA PALMA
Valley View Street, between Orangethorpe Avenue to the south and Artesia Boulevard to the north, is a public right-of-way primarily located within the City of Buena Park, with portions located within the cities of Cerritos and La Palma. Due to the roadway crossing three jurisdictions, improvements require coordination among the three cities.
The City of Buena Park has proposed improvements to extend the useful life of Valley View Street and address deteriorated pavement and other roadway improvements within the project limits. The project includes asphalt concrete pavement rehabilitation, removal and replacement of concrete improvements, utility cover adjustments, signing and striping, and traffic control.
To facilitate the project, the Cities of Buena Park, Cerritos, and La Palma have developed a Cooperative Agreement establishing each agency's responsibilities for project delivery and funding. Buena Park will serve as the lead agency and will oversee environmental compliance, design, bidding, construction administration, inspection, and payment of the contractor.
It should be noted that, while in Los Angeles County the subject roadway suffix is Avenue, in Orange County the roadway suffix is Street. Since the City of Buena Park, the lead agency on this project, is located in Orange County, in this report and in the attached agreement the roadway is referred by its Orange County suffix Street.
FINDINGS
The Cooperative Agreement provides Cerritos with oversight of improvements within its jurisdiction. Buena Park must obtain approval from the City of Cerritos for final LYNDA P. JOHNSON
MAYOR
MARK E. PULIDO
MAYOR PRO TEM
JENNIFER HONG
COUNCILMEMBER
SOPHIA M. TSE
COUNCILMEMBER
FRANK AURELIO YOKOYAMA
COUNCILMEMBER
Approval of a Cooperative Agreement for the Valley View Rehabilitation Project September 28, 2026
plans, specifications, and estimates applicable to work within Cerritos and obtain the City's consent before construction begins within the City's right-of-way. The agreement also establishes procedures for reviewing construction change orders affecting Cerritos and requires Buena Park to obtain the City's approval or consent when work is proposed within Cerritos' jurisdiction.
The agreement provides that each agency will pay for improvements constructed within its respective jurisdiction based on bid unit prices and actual quantities of work completed. The estimated cost for Cerritos is $572,412.50, including construction, contingency, and material testing.
The Cooperative Agreement was approved by the Buena Park City Council on August 11, 2026. The La Palma City Council subsequently approved the Cooperative Agreement on September 1, 2026.
FISCAL IMPACT
Cerritos will be responsible for the actual cost of improvements constructed within its jurisdiction, based on bid unit prices and actual quantities of work completed. The estimated cost is $497,750 for construction, plus a 10% contingency of $49,775 and 5% for material testing of $24,887.50, for a total estimated cost of $572,412.50.
The approved Combined Financial Program for Fiscal Year 2026-2027 identifies sufficient funding for the City's share of the project through the Road Maintenance and Rehabilitation Account (RMRA) Fund, Trash Franchise Fund, and General Municipal Fund.
RECOMMENDATION
Staff recommends the following to the City Council:
1. Approve the Cooperative Agreement between the Cities of Buena Park, Cerritos, and La Palma for the Valley View Rehabilitation Project; and
2. Authorize the City Manager to execute the Cooperative Agreement on behalf of the City of Cerritos; and
3. Authorize the City Manager or his designee, to execute any contract-related amendments or change-orders, in accordance with the City's adopted Purchasing and Contracting Policy.
Exhibit List:
1. Cooperative Agreement
2 3
COOPERATIVE AGREEMENT FOR VALLEY VIEW REHABILITATION PROJECT
BETWEEN THE CITIES OF
BUENA PARK, CERRITOS, AND LA PALMA
This Agreement ("AGREEMENT") is made and entered into this 28th day of September, 2026, by and between the City of BUENA PARK, a municipal corporation ("BUENA PARK"), the City of CERRITOS, a municipal corporation ("CERRITOS"), and the City of LA PALMA, a municipal corporation ("LA PALMA''), with reference to the following facts:
WI T N E S S E T H:
WHEREAS, Valley View Street, between Lincoln A venue to the south and Artesia Boulevard to the north ("Road Segment") is a public right of way that is primarily located in BUENA PARK with portions located in CERRITOS and LAP ALMA, as such Road Segment and applicable jurisdictional boundaries are depicted in Exhibit "A"; WHEREAS, BUENA PARK has proposed certain public improvements to the Road Segment that are intended to extend its useful life, as such improvements are described in Exhibit "B" (the "IMPROVEMENTS"), and portions of the IMPROVEMENTS are located within and will benefit the jurisdictions of CERRITOS and LA PALMA; WHEREAS, BUENA PARK, CERRITOS, and LA PALMA (hereinafter at times each a "Party" and cumulatively the "Parties") desire to enter into this AGREEMENT to provide for the cooperative planning, design, construction, and funding of the IMPROVEMENTS consistent with their shared jurisdiction over the Road Segment.
NOW, THEREFORE, in consideration of the promises and commitments herein contained, and other good and valuable consideration the receipt and adequacy of which is acknowledged. the Parties agree as follows:
AGREEMENT
I. DESIGN AND CONSTRUCTION OF THE IMPROVEMENTS.
A. BUENA PARK Responsibilities. BUENA PARK agrees to complete and perform the following in connection with design and construction of the IMPROVEMENTS:
1) Serve as "lead agency" for the IMPROVEMENTS for purposes of contracting for necessary services and the California Environmental Quality Act; 2) Prepare or cause to be prepared, plans, specifications, and estimates for the design and construction of the IMPROVEMENTS;
1 EXHIBIT 1
Cooperative Agreement
4 3) Coordinate utility relocations/adjustments, to solicit bids and award a contract as a public works project to the lowest responsible bidder; administer the contract to complete the IMPROVEMENTS, including inspection, construction engineering, and requiring payment of prevailing wages, all in compliance with California law and the Buena Park Municipal Code; and to pay such contractor pursuant to the construction contract. 4) Require all design professionals and construction contractors performing work necessary to complete the IMPROVEMENTS to indemnify, defend, and hold harmless the Parties, and each of their elected officials, officers, agents, and employees, with respect to any and all damages, claims and liabilities, including stop notices, arising out of performance of the WORK. 5) Require all contractors performing WORK to obtain a right-of-way construction permit and business license from CERRITOS or LA PALMA, as applicable, in advance of any contractor performing WORK within their right-of-way. 6) In addition to any insurance requirements of BUENA PARK, require all design professionals and construction contractors performing work to obtain and maintain professional, commercial general and automobile liability and workers' compensation insurance acceptable to CERRITOS and LA PALMA, respectively, providing protection to each of their elected officials, officers, agents, and employees as additional insureds relative to the scope of work within their jurisdiction.
7) Obtain approval from the City Engineer of CERRITOS and LA PALMA, as applicable, of the final plans, specifications, and estimates for construction of the portion of the IMPROVEMENTS that are located within their jurisdiction. 8) Obtain consent from the City Engineer of CERRITOS and LA PALMA, as applicable, in advance of any contractor performing work within their jurisdiction's right-of-way. 9) Invoice CERRITOS and LA PALMA for their respective share of design and construction costs incurred by BUENA PARK in completing the IMPROVEMENTS, as such cost shares are described hereinbelow~ and pay for all costs to complete the IMPROVEMENTS not allocated to and paid by CERRITOS and LA PALMA.
10) Provide CERRITOS and LA PALMA a PDF copy of the record drawings and notice of completion for the IMPROVEMENTS.
B. CERRITOS AND LA PALMA Responsibilities. CERRITOS and LAP ALMA, and each of them individually, agree to complete and perform the following in connection with design and construction of the IMPROVEMENTS:
1) By way of this Agreement, BUENA PARK is designated as the lead agency for the purposes of the California Environmental Quality Act and for designing, contracting for, and completing construction of the IMPROVEMENTS;
2 5
2) Pay BUENA PARK for their respective share of the actual cost of the work for the IMPROVEMENTS completed within their respective jurisdictional boundaries, based upon unit prices bid and quantities actually used within each jurisdiction, with estimated costs being as follows:
a. CERRITOS: The estimated cost to complete the portion of the IMPROVEMENTS located within CERRITOS is $497,750, plus a 10% contingency of $49,775, plus a 5% material testing of $24,887.50, for a total estimated cost of$572,412.50. b. LA PALMA: The estimated cost to complete the portion of the IMPROVEMENTS located within LA PALMA is $788,175, plus a 10% contingency of $78,817.50, plus a 5% material testing of $39,408.75, for a total estimated cost of $906,401.25. 3) Following acceptance of the WORK as complete by CERRITOS or LA PALMA, as applicable, and no later than thirty (30) days after receiving an invoice from BUENA PARK, CERRITOS and LA PALMA shall each pay BUENA PARK an amount equal to 100% of their share of actual documented costs to complete the IMPROVEMENTS.
C. Terms and Conditions Governing Design and Construction. The Parties agree to the following terms and conditions during design and construction of the IMPROVEMENTS:
1) Project Engineers. BUENA PARK shall furnish a resident engineer to perform the usual functions of a resident engineer on a public works project. CERRITOS and LA PALMA, each as a secondary agent may, but are not obligated to, furnjsh their own respective resident engineer.
2) Change Orders. BUENA PARK shall process any contract change orders (CCOs) that are necessary for construction of the IMPROVEMENTS. If CCOs are needed within the jurisdiction of CERRITOS or LA PALMA, the resident engineer for the applicable Party will serve as a liaison to coordinate, review, and approve such CCOs. CERRITOS and LA PALMA, as applicable, shall review and either approve or deny requested CCOs within five (5) business days of BUENA PARK's submittal.
II. TERM.
The term of this AGREEMENT shall commence on the date first set forth above and continue in full force and effect unless and until the IMPROVEMENTS are accepted as complete by each Party, and each Party has duly performed their responsibilities set forth in this Agreement.
Notwithstanding the foregoing, any Party may terminate this AGREEMENT prior to BUENA PARK's awarding of a construction contract for the IMPROVEMENTS upon thirty (30) days written notice to the other with or without cause, and the Party so terminating shall be responsible for its proportionate share of all documented and verifiable design costs incurred prior to the effective date of termination, calculated based on each Party's agreed cost allocation. 3 6
III. GENERAL TERMS AND CONDITIONS.
A. Party Representative. The persons responsible for administration of this AGREEMENT on behalf of each Party and to whom notices permitted or required to be provided pursuant to this Agreement, are as follows:
BUENA PARK: Mina Mikhael, Director of Public Works/City Engineer CERRITOS: Chris Kuebert, Acting Director of Public Works LA PALMA: Jake Chavira, Director of Public Works
B. Covenant to Cooperate. The Parties shall cooperate in good faith and to the fullest extent reasonably practical to accomplish the purposes hereof.
C. Limitation of Liability. No Party nor any elected official, officer, or employee thereof shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by any other Party under or in connection with the WORK or any work, authority, or jurisdiction delegated to a Party under this AGREEMENT. Pursuant to Government Code Section 895.4, each Party shall fully indemnify, defend, and hold the other Parties, and each of them, harmless from any liability imposed for injury as defined in Section 810.8 occurring by reason of anything done or omitted to be done by a Party under or in connection with any work, authority or jurisdiction delegated to under this AGREEMENT.
D. Integration. This AGREEMENT represents the entire understanding of the Parties hereto as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with regard to those matters covered by this AGREEMENT.
E. Amendments. This AGREEMENT may not be modified, altered, or amended except in writing signed by all of the parties hereto.
F. Notices. Notices permitted or required to be provided pursuant to this Agreement shall be directed to the Party Representative as follows:
BUENA PARK:
City of Buena Park
Attention: Director of Public Works
6650 Beach Blvd.
Buena Park, CA 90622
Email: [email protected]
LA PALMA:
City of La Palma
Attention: Director of Public Works
7821 Walker St.
La Palma, California 90623
Email: [email protected]
4 CERRITOS:
City of Cerritos
Attention: Acting Director of Public Works
18125 Bloomfield Ave.
Cerritos, CA 90703
Email: [email protected]
7 By notice to the other Parties, any party may change the address specified above. Service of notice or communication shall be complete, if personally served, when received at the designated address, or five (5) days after deposit of said notice or communication in the United States mail, postage prepaid, whichever occurs first.
G. Governing Body Approval. Prior to execution, this AGREEMENT was duly approved by the legislative body of each party at a public meeting.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT by and through their authorized officers on the date set forth below.
CITY OF CERRITOS
A Municipal Corporation
By:
Robert A. Lopez, City Manager
ATTEST:
City Clerk
CITY OF BUENA PARK
A Municipal Corporation
By:
Aaron France, City Manager ATTEST:
City Clerk
CITY OF LA PALMA
A Municipal Corporation
By:
Peter L. Kim, City Manager
ATTEST:
City Clerk
5 8
Exhibit A
Road Segment
6 9
-.J
Ofv\.NGETHORPE .II.VE
I
CENTERPOINTE DR
l . • - --- .- • I~-
, ·-•
1 I
•t
'- • i.1 ,. _,.. . , ~ ' • "'t! . .a,_ '
FRE5:A DR
I . t < w
1 W .J
--- z Cl'. .• • .. .. ,. • • ~~• I ::; ~
. ;,
L
' '·, , I - • .._-~..,~:;----" • • , ..,_"\L•
• I . 4 - • -
-.------ -- -~ ... ,~ ~ ---..;,, .-._ ------ L ~CITY OFIA P.M.MA I l7L c.::::J _J 130 ----r- ,- 1 I- ....J --
......,_ J. ___ _ -....- _ _ ~--- < w ·•• - - ,;. "' 1..;, ::. w <~ I, UJ ~ I ~ Cl'. -'W J: II. r -.,.. a·• '• uo..
~::,
=, m \
I
, -r . . ,:-' -.~ ---
153RDST
I
f
VALLEY'-1E"..V ST
~:~ ~ TT:! ;ill
CITY CF LA PM.MA,, , . __ 1 . ,
-----. -- ~ --- -- • --)~ --- VALLEYYEYJST
CA~ALLE,O BLVD
COYOTE ::REEK
• II d
t-
'J:
mel
w~
~ c:: _, w ... - ~ --------[ :-&~
CITY OF GEf;R~OS
CITY OF'IUENA PARK • I <?
,,~ O J - ' w 1• •~ - - _ 11
CITY OF CERRITOS
CITY OF BUE-.A PAR<
ARTESIA Bl VD
r, rl
--. .... ---------
•11-, u. -._ al w • .J
~c::
.,.. _ - 1~~ ' oo
t- .J
I <l LLl J: UJ
<n
l
Oil I !l I
~~I CITY OF BUENA PARK
:!:w Cl)
1.;
l I I
NOT
~ TO SCALE
f
!
~
0 l
!
~
!
';
I li
j
t
t
~
.---------,-------------------==-,-===---i~ lJ] I V.AlLEYVIEWSTREET PAVEMENT REHABL TATION I EXHIBIT HO. i, I
!
I
~ a" I I l..ltJ-'J\K-l ,tN1 Q!" f-'Ul::-LG\'Y\JRK8 I • n• • ---•• • ------- -• • • ~- I DA.C -••~---- 1:-.
B p~~◊~ ~W I VALLEY
ORANGETHORPE
VIEW STREET
AVENUE
BETWEEN
AND
~
=rn~m~n ,0>1,J r,....,.KS I ARTESIA BOULEVARD D'l,\'Ml ' "'' - -- 10/1~202::
10 Exhibit B
Description of IMPROVEMENTS
The IMPROVEMEN
TS include asphalt concrete pavement rehabilitation, remov al and replacement
of concrete, utility cover adjustments, signing and striping improvements, and traffic control. 8