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HomeMy WebLinkAbout2009/03/10 City Council Item No. 4CITY OF q LADE LSII`IOIZE IN I DREAM E?(TREMEn CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MARCH 10, 2009 SUBJECT: COOPERATIVE AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND CITY OF LAKE ELSINORE FOR IMPROVEMENTS TO DEXTER AVENUE. Dexter Avenue between Central Avenue and Camino Del Norte is a shared roadway between the City of Lake Elsinore and the County of Riverside. This segment of roadway is in need of repair and reconstruction and it has been included in the FY 2008/2009 Capital Improvement Program Budget. Although some improvements have been constructed in front of L.A. Fitness and Lone Star Steak House, all other areas of Dexter Avenue between 2nd Street and Central Avenue are in need of significant repair. Approximately seventy -two percent (72 %) of the work is located within the City's jurisdiction and twenty -eight percent (28 %) of the work is within the County's jurisdiction. Staff has contacted the County requesting a joint cooperative project for this road repair and their response has been positive. Project limits are from Central Avenue (SR -74) to 2nd Street. A Cooperative Agreement has been prepared by City staff and was reviewed and approved by the City Attorney. DISCUSSION City staff has estimated the project cost to be $1.09 million dollars. After analyzing the areas of responsibility between the City and Riverside County for the paving of Dexter Avenue, City officials, including Mayor Magee and County officials discussed the cost sharing arrangement. County representatives expressed concern that any pending annexation and their restricted availability to funding should limit the County's financial participation. The County proposes to cap their participation $300,000 (27% of the roadway r /w) and has proposed a "payback schedule" in the event the annexation moves forward. The City would repay 100% of the County's contribution if the annexation occurs Agenda Item No. 4 Page 1 of 11 RIVERSIDE COUNTY AGREEMENT MARCH 10, 2009 PAGE 2 within one year, 80% of the County contribution if the annexation occurs within two years, 60% within three years, 40 % within four years, and no reimbursement shall be required if the annexation occurs five years or after the effective date of the Agreement. Unless a repayment is required at a later date due to an annexation, the City will be responsible for approximately $798,000 (73% of the roadway r /w). If this agreement is approved by City Council, the agreement will be sent to the County for Board approval. FISCAL IMPACT Fiscal Year 2008/2009 Capital Improvement Program Budget included $370,000 for this project. Budgeted funding for this project of $370,000 is from Fund No. 110 Gas Tax. On March 25, 2008, a design contract was awarded to the firm of Harris and Associates. The total cost for design and plan preparation was $65,000. The plans and specifications have been completed. Based on the engineer's estimate for engineering, construction, contingency, inspection, surveys, and soils testing, an additional $655,000 is needed to proceed with the project. The funding sources for project are as follows: ♦ Remainder of Proposition 1 B from Grand Avenue $300,000. ♦ Remainder of Gas Tax and Measure A from Walnut/Fraser $120,000. ♦ 2008/2009 budget allocation of $370,000 ♦ Riverside County participation of $300,000 The total project budget is $1,090,000. Approve the agreement with Riverside County to share the cost for the repair and reconstruction of Dexter Avenue and direct the Mayor to execute the agreement in such final form as approved by the Director of Public Works and the City Attorney. Prepared by: Ken A. Seumalo WS Director of Public Works Approved by: Robert A. Brady City Manager Attachments: Vicinity Map Agreement Agenda Item No. 4 Page 2 of 11 AGREEMENT BY AND BETWEEN RIVERSIDE COUNTY AND CITY OF LAKE ELSINORE FOR ROADWAY IMPROVEMENT SERVICES ON DEXTER AVENUE: CENTRAL AVENUE (SR -74) TO SECOND STREET This Agreement entered into this day of 2009 by and between the County of Riverside, (hereinafter "COUNTY "), and the City of Lake Elsinore, (hereinafter "CITY ") for the provision of certain roadway improvements on Dexter Avenue located within the jurisdictional boundaries of both the COUNTY and the CITY. RECITALS A. COUNTY and CITY have determined that there is great need for roadway reconstruction and resurfacing improvements on Dexter Avenue from Central Avenue (SR -74) to Second Street (hereinafter "PROJECT ") as shown in Exhibit A (Vicinity Map). B. COUNTY and CITY desire to have one agency take a lead role in the development and implementation of PROJECT in an interest to coordinate the improvements located in the two jurisdictions and to reduce overall costs by processing the two separate jurisdictional improvements as one project. C. COUNTY and CITY desire to designate CITY as the lead agency for the PROJECT and CITY will therefore provide the administrative, technical, managerial and support services necessary to develop and implement PROJECT. D. COUNTY and CITY desire to define herein the terms and conditions under which said PROJECT is to be administered, environmentally cleared, engineered, coordinated, constructed, managed, maintained and financed. AGREEMENT NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: SECTION 1— CITY AGREES: 1. To fund $798,000.00 of the cost of the preparation of plans, specifications and estimates (PS &E), preparation of an environmental document (ED) and obtaining environmental clearance, providing utility coordination and relocation of impacted utilities, acquiring right -of- way, and advertising, awarding and administering a public works construction contract necessary to construct PROJECT improvements that are located within the jurisdictional boundaries of the CITY. The estimated cost for CITY's improvements are provided in Exhibit "B" attached hereto and incorporated herein. CITY agrees that should unforeseen circumstances arise which result in Agenda Item No. 4 Page 4 of 11 an increase of any costs over those shown in Exhibit `B ", CITY will in good faith consider an amendment to this agreement to include any such costs under this agreement. 2. To prepare, or cause to be prepared, detailed PS &E documents for the PROJECT' and submit to COUNTY for review and approval at appropriate stages of development. Final plans for improvements within COUNTY's right of way shall be prepared to COUNTY standards, and signed by a Civil Engineer registered in the State of California. Deviations from standards shall be coordinated with and approved by COUNTY. CITY shall not solicit construction bids until COUNTY has approved the PROJECT PS &E documents. 3. To identify and locate all utility facilities within the PROJECT area as part of its PROJECT design responsibility. If any existing public and /or private utility facilities conflict with PROJECT construction, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal. All utility facilities shall be identified on the PROJECT plans and specifications, and conflicting utilities shall be denoted. CITY shall require the utility owner and /or its contractors performing the relocation work within COUNTY's right of way to obtain a COUNTY encroachment permit prior to the performance of said relocation work. CITY and COUNTY shall coordinate and cooperate in the effort to establish prior rights related to utility encroachments into each jurisdictions right -of -way. In the case that any utility companies are determined to have prior rights, the cost of relocating utilities shall be borne by the jurisdiction in which the conflicting utility resides. 4. To prepare an environmental document and to obtain necessary environmental clearances in accordance with the California Environmental Quality Act (CEQA). 5. Additional right -of -way is not anticipated to be required for PROJECT. 6. To make written application to COUNTY for an encroachment permit authorizing entry into COUNTY's right of way for the purposes of constructing PROJECT. 7. To advertise, award and administer a public works contract for the construction of PROJECT in accordance with the local Agency Public Construction Code, the California Labor Code, and in accordance with the permit issued by the Riverside County Transportation Department. 8. To furnish a representative to perform the function of Resident Engineer during construction of PROJECT. The Resident Engineer shall be a licensed Civil Engineer. The Resident Engineer shall be independent of the construction contractor. 9. To furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of qualities, testing of construction materials, checking shop drawings, preparation of estimates and reports, preparation of as -built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS &E documents. 10. To construct PROJECT in accordance with the approved PS &E documents. Cooperation Agreement with RivCo re Dexter Avenue v2 2 Agenda Item No. 4 Page 5 of 11 11. To provide material testing and quality control conforming to the Caltrans Standard Testing Methods as provided in Chapter 16 of the Local Assistance Procedures Manual, and to have this testing performed by a certified material tester. 12. To submit any contract change order that causes the construction contract to exceed 10% of the contract bid amount to COUNTY for review and approval prior to final authorization by CITY. 13. To furnish COUNTY a complete set of full -sized film positive reproducible as- built plans and all contract records, including survey documents, within sixty (60) days following the completion and acceptance of the PROJECT construction contract. COUNTY also desires electronic copies of completed plans if available. If electronic copies are provided it is requested that they be provided on CD -R media. 14. To furnish COUNTY a final reconciliation of project expenses within ninety (90) days following the completion and acceptance of the PROJECT construction contract for budgetary purposes. 15. To furnish COUNTY a final bill with the final reconciliation of project expenses no earlier than two (2) years from the date of this agreement. SECTION 2 — COUNTY AGREES: 1. To fund $300,000.00 (the "COUNTY'S Contribution ") of the cost of the preparation of plans, specifications and Estimates (PS &E), preparation of an environmental document (ED) and obtaining environmental clearance, providing utility coordination and relocation of impacted utilities, and advertising, awarding and administering a public works construction contract necessary to construct PROJECT improvements that are located within the jurisdictional boundaries of the COUNTY (the "COUNTY Land "); provided, however, that if the CITY annexes the COUNTY Land (the "Annexation "), the CITY shall reimburse the COUNTY according to the following schedule: 100% of the COUNTY'S Contribution if the Annexation occurs within one (1) year of the Effective Date of this Agreement; 80% of the COUNTY'S Contribution if the Annexation occurs within two (2) years of the Effective Date of this Agreement; 60% of the COUNTY'S Contribution if the Annexation occurs within three (3) years of the Effective Date of this Agreement; 40% of the COUNTY'S Contribution if the Annexation occurs within four (4) years of the Effective Date of this Agreement; and no reimbursement shall be required if the Annexation occurs five (5) years or after the Effective Date of this Agreement. The estimated cost for COUNTY's improvements are provided in Exhibit "B" attached hereto and incorporated herein. COUNTY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in Exhibit "B ", COUNTY will in good faith consider an amendment to this agreement to include any such costs under this agreement. 2. To provide, at no cost to CITY, oversight of COUNTY's portion of roadway PROJECT and to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJECT. 3. To issue, at no cost to CITY or its contractors, upon proper application by CITY or CITY's contractor, an encroachment permit authorizing entry onto COUNTY's right of way Cooperation Agreement with RivCo re Dexter Avenue Q 3 Agenda Item No. 4 Page 6 of 11 to perform survey and other investigative activities required for preparation of the ED, PS &E or Construction of project. 4. To provide a representative to coordinate and assist the CITY's Resident Engineer during the construction of PROJECT and to verify facilities within COUNTY jurisdiction are constructed in accordance with the approved PS &E documents as required by this agreement. 5. To pay all invoices submitted by CITY for the COUNTY's share of project costs up to the amount shown in Exhibit `B ", and for any extra work costs approved by COUNTY in excess of the amount shown in Exhibit `B ", for completed work in accordance with this agreement, provided said invoices are received no earlier than two (2) years from the date of this agreement. SECTION 3 — IT IS MUTUALLY AGREED AS FOLLOWS: 1. The total cost of PROJECT is estimated to be $1,098,885.00 as detailed in Exhibit «B„ 2. If upon opening of bids for construction of PROJECT and if the successful bid is not projected to cause the PROJECT to overrun the agreed budget, CITY shall be authorized to award contract. 3. If upon opening of bids for construction of PROJECT and the successful bid is projected to cause the PROJECT to overrun the agreed budget, CITY and COUNTY shall endeavor to agree upon an alternative course of action. If after thirty (30) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this agreement shall be deemed to be terminated by mutual consent. If the agreement is terminated per this provision, COUNTY shall be obligated to reimburse CITY for services rendered on proposed COUNTY facilities to the date of termination. 4. Construction by CITY of improvements referred to herein which lie within COUNTY rights of way shall not be commenced until an Encroachment Permit to CITY, or CITY's contractor, authorizing such work has been issued by COUNTY. 5. CITY shall cause CITY's contractor to provide and maintain in force, until completion and acceptance of the PROJECT construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name the COUNTY, its officers, agents and employees as additionally insured. City shall also require CITY's contractor to maintain Worker's Compensation Insurance. City shall provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to County prior to the start of construction. 6. Ownership and title to all materials, equipment, and appurtenances installed as part of this agreement will automatically be vested with the jurisdiction for which the improvements reside and no further agreement will be necessary to transfer ownership. Cooperation Agreement with RivCo re Dexter Avenue Q 4 Agenda Item No. 4 Page 7 of 11 7. Neither COUNTY or CITY shall be responsible for any maintenance of the improvements provided by PROJECT that are located outside of their respective right of way boundaries. 8. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both parties and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. 9. CITY and COUNTY shall retain or cause to be retained for audit for a period of three (3) years from the date of final payment, all records and accounts relating to PROJECT. 10. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. 11. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 12. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreements or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this agreement, is null and void. 13. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of roads different from the standard of care imposed by law. 14. This agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. 15. This Agreement shall terminate upon completion of the PROJECT and reconciliation of final invoicing for the PROJECT, or upon mutual agreement of the parties. 16. This Agreement shall become effective upon the date that all parties have executed this Agreement (the "Effective Date "). Cooperation Agreement with RivCo re Dexter Avenue Q 5 Agenda Item No. 4 Page 8 of 11 17. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses and addressees, or such other addresses and addressees as the parties may designate: To CITY: City of Lake Elsinore Attention: Ken Seumalo 130 South Main Street Lake Elsinore, CA 92530 Phone: (951) 674-3124 x244 Fax: (951) 674-8761 To COUNTY: Riverside County Transportation Department Attention: Juan C. Perez 4080 Lemon Street, 8th Floor Riverside, CA 92501 Phone: (951) 955-6740 Fax: (951) 955-3198 18. The parties acknowledge that County territory within the project is proposed for annexation into the City at a future date prior to satisfaction of the County's payment obligation set forth in Section 7. Notwithstanding such annexation, the County acknowledges that the County improvements as provided herein are of substantial benefit to the County. Accordingly, County agrees that its payment obligation under this agreement shall survive such annexation and remain in full force and effect. [Signature Pages Follow] Coopention Agreement with RivCo re Dexter Avenue Q 6 Agenda Item No. 4 Page 9 of 11 APPROVALS COUNTY Approvals RECOMMENDED FOR APPROVAL: Dated: Juan C. Perez Director of Transportation APPROVED AS TO FORM: Dated: Pamela J. Walls County Counsel APPROVAL BY THE BOARD OF SUPERVISORS Dated: Jeff Stone PRINTED NAME Chairman, Riverside County Board of Supervisors ATTEST: Dated: Signature Nancy Romero PRINTED NAME Clerk of the Board (SEAL) Cooperation Agreement with RivCo re Dexter Avenue Q 7 Agenda Item No. 4 Page 10 of 11 CITY OF LAKE ELSINORE Approvals APPROVED BY: Dated: SIGNATURE Robert Magee Mayor TITLE APPROVED BY: Dated: SIGNATURE Barbara Leibold City Attorney TITLE ATTEST: Dated: Carol Cowley Interim City Clerk Cooperation Agreement with RivCo re Dexter Avenue Q Agenda Item No. 4 Page 11 of 11