Loading...
HomeMy WebLinkAbout1-14-14 Item #10CITY OF LAKE V, LSIIYOP UE - -�%` DREAM EXTREMEW REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M YATES CITY MANAGER DATE: JANUARY 14, 2014 SUBJECT: FUNDING CONTRIBUTION AGREEMENT WITH THE LAKE ELSINORE UNIFIED SCHOOL DISTRICT TO CONSTRUCT A TRAFFIC SIGNAL AT THE INTERSECTION OF CANYON HILLS ROAD AND SAGE LANE Recommendation Approve the funding contribution agreement between the City of Lake Elsinore and the Lake Elsinore Unified School District in substantially the form attached and authorize the City Manager to execute the Agreement in such final form as approved by the Director of Public Works and the City Attorney. Background The intersection of Canyon Hills Road and Sage Lane serves is a main access point for the Canyon Lakes Middle School. Both the City and the School District have received numerous complaints regarding the safety of school children crossing Canyon Hills Road at this intersection. The City has installed a number of warning signs to alert drivers to the presence of pedestrians and the District has assigned crossing guards to this intersection to assist children in crossing safely. Discussion Both City and District staff have identified the need for a traffic signal with pedestrian phasing at this intersection in order to improve safety and circulation for vehicles and pedestrians. The City has earmarked $195,000 towards the construction of this traffic signal in its current Capital Improvement Program. However, it is estimated that upwards of $260,000 will be needed to fully complete the project. The School District has agreed to contribute $65,000 towards this project. This will allow the City, as the lead agency, to move forward with this project. AGENDA ITEM NO, 10 Page I of 13 INVESTMENT CONTRIBUTION AGREEMENT WITH LEUSD January 14, 2014 Page 2 Fiscal Impact The City will receive $65,000 from the Lake Elsinore Unified School District to be contributed towards CIP Project #4368, which will cover the additional project costs. Prepared by: Rusty Beardsley' Traffic Engineer Ati Eskandari Interim Director of Public Works Approved by: Grant M Yates City Manager Attached: Agreement with School District Page 2 of 13 INVESTMENT CONTRIBUTION AGREEMENT (Canyon Hills Road /Sage Lane Intersection) THIS INVESTMENT CONTRIBUTION AGREEMENT (Canyon Hills Road /Sage Lane Intersection) (this "Agreement') is entered into as of this _ day of 2013 (the "Effective Date ") by and between the CITY OF LAKE ELSINORE, a municipal corporation, and the LAKE ELSINORE UNIFIED SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California (the "District'). The City and District are sometimes together hereinafter referred to as 'Party" or "Parties." RECITALS A. The intersection of Canyon Hills Road and Sage Lane (the 'Intersection ") serves as the access point to the Canyon Lakes Middle School. B. Because of the volume of traffic and width of this roadway, the City has installed a number of warning signs and the District has placed crossing guards at this location to improve pedestrian safety. Despite these safety measures, there have been numerous complaints received by both the City and the District regarding the safety of school children crossing Canyon Hills Road at this location. C. The Intersection has been identified as needing a traffic signal to improve traffic circulation of both motorized vehicles and pedestrians. D. The City has budgeted $195,000 in its Capital Improvement Program for the installation of a traffic signal (which traffic signal includes all costs related thereto, including but not limited to, preparation of plans, environmental compliance, manufacture and installation of lighted traffic signals in each direction, permits, related roadwork/lane striping, construction management, and all other necessary costs) at the Intersection (the 'Intersection Improvement Project'); however, the Intersection Improvement Project is estimated to cost $260,000. E. The City and the District have determined that the Intersection Improvement Project is of benefit to the community and will enhance the safety to vehicles and pedestrians at the Intersection. F. The Parties desire to enter into this Agreement in order to (i) designate the City as lead agency to oversee the implementation of the Intersection Improvement Project; and (ii) allocate among them a share of costs of the Intersection Improvement Project and method of payment thereof. a Page 3 of 13 NOW THEREFORE, in consideration of the foregoing recitals and of the mutual conditions promises and covenants hereinafter contained, the Parties hereto hereby agree as follows: 1. Intersection Improvement Project 1.1. Cooperation of the Parties. While recognizing that the City shall serve as the lead agency as provided herein, the Parties shall reasonably cooperate in addressing any concerns regarding the Intersection Improvement Project. 1.2. City as Lead Agency. The City shall act as the lead agency with respect to the planning, construction and completion of all of the improvements in connection with the Intersection Improvement Project. In this regard, City shall engage the design engineers and process the plans and specifications with the appropriate state and local agencies for approval, coordinate and complete environmental processing (if any), offer the plans and specifications for bid, and act as contract administrator and construction manager for the Intersection Improvement Project. The City shall be the sole owner of the Intersection Improvement Project. 1.3. Scope of Design and Construction. The Intersection Improvement Project shall be designed and processed for approval consistent with the typical signalized intersections within the City of Lake Elsinore. The Parties do not anticipate that the construction process will encroach upon District property. 1.4. Intersection Improvement Project Budget. Attached hereto as Exhibit "A" and incorporated herein by reference is an estimate of the costs to be incurred by the City in connection with the Intersection Improvement Project (the "Intersection Improvement Project Budget "). To the extent the construction costs of the Project listed in Exhibit "A" of this Agreement exceed the estimates listed in Exhibit "A ", such costs will be borne by the City. Any additional costs that are the result of betterments requested by the District or City will be borne entirely by the Party requesting such betterment. 2. City Obligations 2.1. City Obligation Regarding Costs. Subject to the provisions of Section 3 of this Agreement, the City shall be responsible for the payment of all of the actual costs incurred in connection with the Intersection Improvement Project. 2 Page 4 of 13 2.2. Timely Commencement and Completion of Construction. City shall within two (2) years of the Effective Date commence construction of the Intersection Improvement Project, and thereafter diligently pursue completion thereof as provide in Section 3.3. Failure to commence construction as provided in this Section 2.2 shall result in the termination of this Agreement and the Parties shall thereafter have no further obligation hereunder. 2.3. Submittal of Cost Documentation by City. Within thirty (30) days following completion of the Intersection Improvement Project, City shall submit to the District documentation evidencing all of the costs incurred by the City in connection with the Intersection Improvement Project for review and approval. Any disputes which may arise between the Parties concerning costs during the operation of this Agreement shall be resolved without impact on the timing of the disbursement of the District Investment. 3. District Investment Obligation 3.1. District Investment. The District shall disburse to the City the sum of Sixty Five Thousand Dollars ($65,000) for the purpose of investing in the Intersection Improvement Project (the "District Investment'). 3.2. Disbursement of District Investment. The District shall disburse the District Investment to the City no later than fourteen (14) days prior to planned commencement date of construction of the Intersection Improvement Project. 3.3. Failure to Timely Commence and Complete. In the event that the construction of the Intersection Improvement Project does not commence within thirty (30) days of the disbursement of the District Investment to the City, the City shall, upon demand of the District, promptly refund the District Investment to the District, such refund to be made no later than seven (7) days following such demand. In the event that the construction of the Intersection Improvement Project commences but is abandoned or not otherwise substantially completed within one year of such commencement, the City shall, upon demand of the District, promptly refund the District Investment to the District, such refund to be made no later than seven (7) days following such demand. 3.4. Limitation to District Investment Only. Except for the District Investment as provided herein, the District shall not be responsible for any costs or expenses related to the maintenance, repair, upgrading and /or replacement of Intersection Improvement Project. 3 Page 5 of 13 4. Insurance 4.1. Minimum Scope of Insurance. City shall procure and maintain throughout the term of this Agreement, at its sole cost and expense, the following types of insurance: (1) a comprehensive general liability and property damage insurance and (2) worker's compensation insurance (as required by law) and employers' liability insurance ( "Insurance Policies "). Such Insurance Policies shall insure against all claims for death and injuries to persons and damages to property which may arise from or in connection with the construction of the Intersection Improvement Project. District acknowledges and agrees that City is a member of the California Joint Powers Insurance Association, a self- insurance pool. So long as the City maintains its member of the CJPIA for purposes of procuring general liability coverage, the City shall be deemed to be in compliance of the comprehensive general liability and property damage insurance as required herein. 4.2. Minimum Limits of insurance. Coverage shall provide limits no less than: (1) General Liability: $1,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Agreement or the general aggregate limit shall be twice the required occurrence limit; and (2) Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employers' liability limits of $1,000,000.00 per accident for bodily injury or disease. 4.3. Insurance Endorsements. The Insurance Policies shall contain the following provisions, or the City shall provide endorsements to add the following provisions to the Insurance Policies: 4.3.1. General Liability. The general liability policy shall be endorsed to state that: (A) the non - insuring Party and its directors, officials, officers, employees and agents shall be covered as additional insured with respect to the performance of the Agreement by the insuring Party and its officials, officers, directors, administrators, agents, representatives, employees or volunteers, including materials, parts or equipment furnished in connection with such services; and (B) the insurance coverage shall be primary insurance as respect to the non - insuring Party and its directors, 9 Page 6 of 13 officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the insuring Party's scheduled underlying coverage. Any insurance or self- insurance maintained by the non - insuring Party or its directors, officials, officers, employees and agents shall by excess of the insuring Party's insurance and shall not be called upon to contribute with it in anyway. 4.3.2. Workers' Compensation and Employers Liability. Coverage. The insurer shall agree to waive all rights of subrogation against the non - insuring Party and its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the insuring Party. 4.3.3. All Coverage. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by first class mail has been given to the non - insuring Party. 4.4. Separation of Insured's; No Special Limitations. The Insurance Policies required by this Section shall contain standard separation of insured's provisions. In addition, such insurance Policies shall not contain any special limitations on the scope of protection afforded to the non - insuring Party or its directors, officials, officers, employees and agents. 4.5. Acceptability of Insurers. Insurance is to be placed with; (1) insurers with a current A.M. Best's rating no less than A;VIII, licensed to do business in California, and satisfactory to the non - insuring Party; (2) with a joint powers agency acceptable to the non - insuring Party; or (3) under a self - insurance program acceptable to the non - insuring Party. Any deductible under the Insurance Policies issued shall be the responsibility of, and paid by, the insuring Party. 4.6. Verification of Coverage. The District shall have the right of reasonable approval over any Insurance Policy obtained by the City. The City shall furnish original certificates of insurance and endorsements effecting coverage required by this Agreement. The certificates and endorsements for each policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The District reserves the right to require complete, certified copies of the required Insurance Policies at any time. The District may at any time review the insurance coverage obtained by 5 Page 7 of 13 the City, the coverage limits, the provider, or the form of the policy and may reasonably require that alternate or modified coverage be obtained if, in Districts reasonable and prudent business judgment, the policy is insufficient to provide adequate protection against the kind and extent of risk that is foreseeable for the construction of the Intersection Improvement Project under this Agreement. 5. Indemnity 5.1. City to Indemnify. The City hereby agrees to indemnify, defend, and hold the District and its officials, officers, employees, volunteers, and agents harmless against and from any liability for any claim, action or proceeding against the District that arises solely out of any negligent acts, omissions, or willful misconduct by the City and its officials, officers, employees, contractors, volunteers and agents in the performance of any act related to the subject matter of this Agreement. In its sole discretion and at its own cost and expense the District may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of its choice; however, such participation shall not relieve the City of any obligation imposed pursuant to this Agreement. The District shall promptly notify the City of any such claim, action or proceeding and shall cooperate fully in the defense of the same. 6. Entire Agreement 6.1. This Agreement and the terms herein stated shall constitute the entire Agreement between the District and the City and supersedes all prior written and verbal agreements, representatives, promises or understandings between the Parties. Any amendment to this Agreement, or its terms, must be made in writing and be executed by both Parties. 7. Survival Clause 7.1. If any provision of this Agreement, the deletion or modification of which would not adversely affect the receipt of any material benefit by either Party, is declared by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law unless the Agreement is modified, revoked, or terminated by the Parties. on Page 8 of 13 8. Assignment 8.1. This Agreement or any interest of either Party herein shall not at any time after the date hereof, without the prior written consent of the other Party, be assigned or transferred. The Parties shall at all times remain liable for the performance of the covenants and conditions to be performed pursuant to this Agreement, notwithstanding any assignment or transfer which may be made. 9. Notices 9.1. All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Party to the other shall be in writing and shall be sufficiently given and served upon the other Party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: City: City of Lake Elsinore 130 S. Main Lake Elsinore, CA 92530 Attn: City Manager District: Lake Elsinore Unified School District 545 Chaney Street Lake Elsinore, CA 92530 Attn: Superintendent Either Party may change its address by giving notice to the other Party in the manner provided for in this Section. 10. Non - Discrimination 10.1. Each of the Parties hereto covenant by and for itself, its administrators and assigns, and ail persons claiming under or through it, that this Agreement is made subject to the condition that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the subject matters of this Agreement. 11. Waiver 11.1. The failure of either Party to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained. 7 Page 9 of 13 12.Coun_ terparts 12.1. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. 13.Attomev's Fees 13.1. if either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action. E3 Page 10 of 13 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate originals as of the date first set forth above. Dated:_ /49 " /3- /3 ATTEST: By: Board Clerk Dated: ATTEST: CITY CLERK By: Virginia Bloom, City Clerk APPROVED AS TO FORM: By: Barbara Leibold, City Attorney w "DISTRICT" LAKE ELSINORE UNIFIED SCHOOL DISTRICT By: _ Dr. Doug imberly, Sup rintendent "CITY" CITY OF LAKE ELSINORE By: Grant Yates, City Manager Page 11 of 13 Page 12 of 13 Exhibit "A" Intersection Improvement Project Budget [To be inserted] Exhibit "A" — Page 1 Page 13 of 13