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HomeMy WebLinkAboutItem no. 04 Highway -74 Slurry Seal ImprovementsText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: RES 2014-039 Agenda Date: 8/22/2017 Status: Consent AgendaVersion: 1 File Type: ResolutionIn Control: City Council / Successor Agency Agenda Number: 4) Page 1 City of Lake Elsinore Printed on 8/17/2017 Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared By: Brad Fagrell, City Engineer Date:August 22, 2017 Subject:Highway-74 Slurry Seal Improvements Recommendation Authorize the Mayor to execute a Cooperative Agreement with Riverside County to slurry seal Central Avenue within the city limits, in an amount not to exceed $360,640.00 and in such final form as approved by the City Attorney. Background On June 28, 2017, a portion of Highway-74 (Central Ave.) between Dexter Avenue and City/County Jurisdiction was relinquished to the City. Prior to the relinquishment, the County scheduled a Slurry Seal Type II project as part of their Pavement Maintenance Program to prevent costly repairs in the future. Riverside County has proposed a cooperative agreement with the City as part of the County’s contract in order to incorporate the new jurisdiction of Highway 74 that is now within City limits. The current contract extends from Perris to the City of Lake Elsinore boundary. Within the City’s jurisdiction, the pavement is approximately 9,205 ft. in length and varies from 75 to 90 ft. in width. The total asphalt surface area is approximately 84,600 square yards. The City will benefit from cost savings resulting from a larger maintenance program, which generally yields lower bid processes. Discussion The low bidder for the County project is Pavement Coatings Co., from Mira Loma, CA. The contractor will perform: Slurry Seal Type II within the City Limits for length and widths mentioned in the project background. Thermoplastic striping for crosswalk and pavement markings. Thermoplastic traffic striping Reflective pavement markers HWY-74 Slurry Seal Improvements August 22, 2017 Page 2 Rout and seal cracks. Provide traffic control for the entire duration of the project. The work also includes removing existing striping and pavement markers. In addition, the cooperative agreement allows the County to provide administrative, technical, managerial, and support services necessary to assist the City in completing the project. Environmental This City’s portion of the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 153001(c), repair and maintenance of existing highways and streets. Fiscal Impact Funding for the cooperative agreement for $360,640, will be from the relinquishment funds received from Caltrans. The anticipated contract duration is September to November 2017. Exhibits A – Agreement HWY-74 Slurry Seal Improvements City of Lake Elsinore Service Agreement 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SERVICE AGREEMENT BY AND BETWEEN COUNTY OF RIVERSIDE AND CITY OF LAKE ELSINORE FOR HWY-74 SLURRY SEAL IMPROVEMENTS This Agreement is entered into this _______ day of _____________, 2017, by and between the County of Riverside, (hereinafter "COUNTY"), and the City of Lake Elsinore, (hereinafter “CITY”) for Slurry Seal Improvements located within the jurisdictional boundaries of CITY. The COUNTY and CITY are sometimes hereinafter referred to individually as the “PARTY” and collectively as the “PARTIES”. RECITALS A. COUNTY is proposing to slurry seal the existing asphalt surface on Hwy-74 from the City of Perris boundar y to the City of Lake Elsinore boundary in the western area of Riverside County. B. The roadway surface improvements consist of applying a slurry seal (Type 2), which is a mixture asphalt emulsion, aggregate (sand to pea gravel size aggregate), water, and chemical additives. C. The work includes traffic control, rout and seal random cracks, replacement of pavement markings, including cross walks and bike lane markings, striping and raised pavement markers. D. The improvements, as described above, within the jurisdictional boundaries of the COUNTY are hereinafter referred to collectively as “COUNTY PROJECT”. E. A portion of Hwy-74, located directly adjacent to the COUNTY PROJECT, specifically the segment from 1572 feet NE Riverside Street to Conard Avenue, is within the jurisdictional boundaries of CITY. F. Within the CITY jurisdiction, the asphalt pavement is approximately 9,205 foot in length and 75 to 90 foot wide. The total asphalt surface area is approximately 84,600 square yards. G. The CITY will benefit from the cost savings associated with a larger improvement project. The CITY requests the roadway surface improvements, as described above, be provided for the area within the jurisdictional boundaries of CITY. These improvements for this area are hereinafter referred to collectively as “CITY PROJECT”. The location of CITY PROJECT is shown in Exhibit “A”. HWY-74 Slurry Seal Improvements City of Lake Elsinore Service Agreement 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 H. The CITY desires to allow the COUNTY to construct the CITY PROJECT, together with the COUNTY PROJECT since COUNTY has extensive experience in the development and implementation of similar type projects. I. COUNTY will therefore provide the administrative, technical, managerial, and support services necessary for the implementation of the CITY PROJECT as part of the COUNTY PROJECT. J. COUNTY and CITY desire to define herein the terms and conditions under whi ch said CITY PROJECT is to be administered, engineered, coordinated, and constructed. AGREEMENT NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: SECTION 1 • COUNTY AGREES: 1. To act as the lead agency on behalf of the CITY for the overall implementation of the CITY PROJECT. The COUNTY is providing services on a reimbursable basis and has no obligation to fund any portion of the CITY PROJECT. Nothing in this Agreement is intended to commit the COUNTY to provide replacement funding for or to continue with the CITY PROJECT, if funds are not available. 2. COUNTY has prepared detailed Plans, Specifications & Estimate (PS&E) documents for the COUNTY PROJECT which can be amended to include the CITY PROJECT and are available to CITY for review and approval. Final plans for improvements are 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 CITY. COUNTY shall not begin construction within CITY until CITY has approved the CITY PROJECT portion of the PS&E documents. 3. To act as the Lead Agency under the California Environmental Quality Act (CEQA) for the COUNTY PROJECT. The CITY will prepare and approve CEQA clearance for the CITY PROJECT. 4. To direct COUNTY’s contractor to identify any existing surface utility facilities within the limits of the CITY PROJECT and to protect the facilities as detailed in the Special Provisions of the PS&E. 5. To direct COUNTY’s contractor to make written application to CITY for an encroachment permit authorizing entry into CITY right of way for the purposes of constructing COUNTY PROJECT and CITY PROJECT. 6. To advertise, award and administer a public works contract for the construction of the COUNTY PROJECT and the CITY PROJECT in accordance with all applicable federal, state or local statutes, ordinances, HWY-74 Slurry Seal Improvements City of Lake Elsinore Service Agreement 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 orders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes, California Labor Code, and California Public Contract Code, and in accordance with the encroachment permits issued by CITY. 7. To furnish a representative to perform the function of Resident Engineer during construction of CITY PROJECT. 8. To furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of constr uction materials, checking submittals, 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. 9. To construct the CITY PROJECT in accordance with approved PS&E documents. 10. To submit any contract change order that causes the construction contract to exceed 10% of the contract bid amount for CITY PROJECT improvements to CITY for review and approval prior to final authorization by COUNTY. If any contract change order causes the construction contract to change by less than 10% of the bid amount for CITY PROJECT, COUNTY is authorized by CITY approval of this Agreement to move forward with such change. 11. To provide material testing and quality control conforming to the Caltrans Standard Testing Methods and to have the testing performed by certified material tester. 12. To furnish CITY one complete set each of full-sized film positive reproducible as-built plans and all contract records, including survey documents, within three hundred and sixty-five (365) days following the completion and acceptance of the Slurry Seal Improvements construction contract. Electronic copies of completed plans are available if CITY desires. If electronic copies are provided, they will be provided on CD-R media. 13. To furnish CITY a final reconciliation of project expenses within ninety (90) days following the completion of each Task (as shown on Exhibit “B”) and/or the completion and acceptance of the COUNTY PROJECT and CITY PROJECT construction contract. If final costs associated with the CITY PROJECT are in excess of the deposit provided in Section 2, COUNTY shall include a final bill with the financial reconciliation. If final costs associated with the CITY PROJECT are less than the deposit provided in Section 2, COUNTY HWY-74 Slurry Seal Improvements City of Lake Elsinore Service Agreement 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 shall include a reimbursement for the difference with the financial reconciliation. SECTION 2 • CITY AGREES: 1. To fund one hundred percent (100%) of the cost of the CITY PROJECT, as shown in Exhibit “B”. CITY agrees that should unforeseen circumstances arise which result in an increase of any cost s over those shown in Exhibit “B”, CITY will in good faith amend this Agreement to include any such costs under this Agreement. 2. To deposit with COUNTY, prior to COUNTY start of work and upon written request by COUNTY, three hundred sixty thousand six hundred forty dollars ($360,640) (the “Deposit”), which represents one hundred percent (100%) of the costs to complete construction, including construction survey, inspection and materials testing for CITY PROJECT, as provided in Exhibit “B” . 3. To act as the Lead Agency under the California Environmental Quality Act (CEQA) for the CITY PROJECT. 4. Issue, at no cost to COUNTY or its contractor, upon proper application by COUNTY or COUNTY‘s contractor, an encroachment permit authorizing entry onto CITY right-of-way to complete construction, including traffic control, construction survey, inspection and materials testing for the COUNTY PROJECT and CITY PROJECT. 5. To provide at no cost to the COUNTY, oversight of the CITY PROJECT, to provide prompt reviews and approvals, as appropriate, of submittals by COUNTY, and to cooperate in timely processing of the CITY PROJECT. 6. To provide at no cost to COUNTY, a representative to coordinate and assist the COUNTY Resident Engineer during the construction of the CITY PROJECT and to verify facilities are constructed as required by this Agreement. SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS: 1. The total cost of the CITY PROJECT is estimated to be $360,640 as detailed in “Exhibit B”. 2. COUNTY and CITY acknowledge and agree that any funding shortfall for th e completion of the CITY PROJECT will be the sole responsibility of CITY. Nothing in this Agreement is intended to commit the COUNTY to funding any portion of CITY PROJECT, or shall be construed as obligating the COUNTY to provide replacement funding for any anticipated funding or to continue with the CITY PROJECT, if funds HWY-74 Slurry Seal Improvements City of Lake Elsinore Service Agreement 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 are no longer available. In the event that adequate funds are not available to move forward or to complete CITY PROJECT, PARTIES agree to meet and confer and collectively work to ident ify adequate funding for CITY PROJECT. 3. The total cost to CITY to complete construction, including construction survey, inspection and materials testing for CITY PROJECT is estimated to be three hundred sixty thousand six hundred forty dollars ($360,640) as detailed in Exhibit “B”. 4. COUNTY shall not be obligated to commence the CITY PROJECT until after receipt of CITY's deposit as required in Section 2. 5. Construction by COUNTY of improvements for CITY PROJECT shall not be commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by CITY. 6. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the slurry seal improvements, a policy of Commercial 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 CITY, its officers, agents and employees, as additionally insured. COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance. COUNTY shall cause COUNTY’s contractor to provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to CITY prior to the start of construction. 7. Ownership and title to all materials, equipment, and appurtenances ins talled as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside and no further agreement will be necessary to transfer ownership. 8. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT except as specified in this Agreement or future agreements. 9. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties and no oral understanding or agreement not incorporated herein shall be binding on each party hereto. 10. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability HWY-74 Slurry Seal Improvements City of Lake Elsinore Service Agreement 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 occurring by reason of any act or omission of 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) occur ring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 11. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurrin g by reason of any act or omission of 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 ho ld CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. 12. In the event that CITY defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the COUNTY shall have the option to terminate this Agreement upon 90 days written notice to CITY. 13. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to slurry seal improvements for a period of minimum three (3) years from the date of Notice of Completion of the COUNTY PROJECT and CITY PROJECT. 14. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the PARTIES may designate: COUNTY: CITY: Riverside County Transportation Department City of Lake Elsinore Attn: Patty Romo, Attn: Robert E. Magee Director of Transportation City Mayor 4080 Lemon Street, 8th Floor 130 South Main Street Riverside, CA 92501 Lake Elsinore, CA 92530 Phone: (951) 955-6740 Phone: (951) 674-3124 HWY-74 Slurry Seal Improvements City of Lake Elsinore Service Agreement 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 APPROVALS COUNTY Approvals RECOMMENDED FOR APPROVAL: ______________________ Dated: __________ PATRICIA ROMO Director of Transportation APPROVED AS TO FORM: GREGORY P. PRIAMOS, COUNTY COUNSEL By ____________________ Dated: __________ Deputy APPROVAL BY THE BOARD OF SUPERVISORS _____________________ Dated: __________ JOHN F. TAVAGLIONE PRINTED NAME Chairman, Riverside County Board of Supervisors ATTEST: ______________________ Dated: __________ KECIA HARPER-IHEM Clerk of the Board (SEAL) CITY OF LAKE ELSINORE Approvals APPROVED BY: ______________________ Dated: _______ ROBERT E. MAGEE PRINTED NAME City Mayor APPROVED AS TO FORM: ______________________ Dated: _______ BARBARA LIEBOLD PRINTED NAME City Attorney ATTEST: ________________________ Dated: ______ SUSAN DOMEN PRINTED NAME City Clerk HWY-74 Slurry Seal Improvements City of Lake Elsinore Service Agreement 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 EXHIBIT A VICINITY/PROJECT MAP HWY-74 Slurry Seal Improvements City of Lake Elsinore Service Agreement 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 EXHIBIT B CITY PROJECT BUDGET ESTIMATED COSTS: TASK COSTS Construction $287,640 Construction contingency (10%) $ 29,000 Construction Engineering & Inspection (15%) $ 44,000 TOTAL COST $360,640 Note: Construction cost is based on project bid results dated July 12, 2017. The bid summary report in included and made part of this agreement.