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HomeMy WebLinkAboutItem No. 19 CFA EVMWD Peck & Chestnut Sewer ProjectCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 21-154 Agenda Date: 4/27/2021 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 19) Cooperative Funding Agreement between Elsinore Valley Municipal Water District and the City of Lake Elsinore for the Peck and Chestnut Sewer Replacement Project Approve the Cooperative Funding Agreement, with Elsinore Valley Municipal Water District (EVMWD), for the Peck and Chestnut Sewer Replacement project . Page 1 City of Lake Elsinore Printed on 4/22/2021 Page 1 of 2 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared By: Remon Habib, City Engineer Date: April 27, 2021 Subject: Cooperative Funding Agreement between Elsinore Valley Municipal Water District and the City of Lake Elsinore for the Peck and Chestnut Sewer Replacement Project Recommendation Approve the Cooperative Funding Agreement with Elsinore Valley Municipal Water District (EVMWD) for the Peck and Chestnut Sewer Replacement Project in an amount not to exceed $423,656.70. Background The cooperative agreement will allow for funding of street improvements within the vicinity of the EVMWD sewer line project, outside the limits of pavement replacement required for the ut ility project. This will allow the City the opportunity to install street improvements in the downtown area along the Peck/Chestnut sewer line alignment. The agreement will establish the funding and construction of the two (2) agencies involved in the Peck and Chestnut Sewer Replacement project delivery. The total cost of the Street Improvement Project and the Pipeline Replacement Project shall be split between EVMWD and the CITY based on the percentages shown on Exhibit “B” of the Agreement. The City contribution of the Street Improvement portion of the project shall not exceed Four Hundred Twenty-Three Thousand Six Hundred Fifty-Six Dollars and Seventy Cents ($423,656.70). The Implementing Agency is the party responsible for managing the scope, cost, schedule, and quality of the work activities and products of a project component. EVMWD is the Plans, Specifications, and Estimate (PS&E) Implementing Agency. Discussion EVMWD has existing sewer lines along Peck Street and Chestnut Street, within the City’s right- of-way, that require replacement; approximately 1,280 linear feet of sewer pipeline in Peck Street and approximately 725 linear feet of sewer pipeline in Chestnut Street (“Pipeline Cooperative Agreement Peck/Chestnut EVMWD Page 2 of 2 Replacement Project”. The City has much-needed street improvements to complete within Peck Street and Chestnut Street, the City and EVMWD have determined that it is more economical to have EVMWD complete the Street Improvement Project under its contract for the Project. EVMWD and the City will manage the work schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. The Parties will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks. Fiscal Impact The City will reimburse EVMWD the City’s contribution of the street improvement portion of the project not to exceed Four Hundred Twenty-Three Thousand Six Hundred Fifty-Six Dollars and Seventy Cents ($423,656.70). Funds are allocated within the adopted CIP Budget. Exhibits A – Cooperative Agreement B – Project Vicinity Map COOPERATIVE FUNDING AGREEMENT PECK AND CHESTNUT SEWER REPLACEMENT This Cooperative Funding Agreement (“Agreement”) is made on this ____ day of April 2021 (“Effective Date”), by and between the City of Lake Elsinore, a California municipal corporation ("CITY"), and the Elsinore Valley Municipal Water District, a California municipal water district ("EV MWD"), which are collectively referred to herein as “Parties” and individually as “Party.” RECITALS WHEREAS, the CITY is planning a Capital Improvement Project which includes the street improvements for Peck and Chestnut Street, (“Street Improvement Project ”) as shown on Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, EVMWD has e xisting sewer lines along Peck and Chestnut Street , within CITY’s r ight- of-way, that require replacement; and WHEREAS, the CITY has prior rights along Peck and Chestnut Street and is partnering with EVMWD to replace approximately 1,280 linear feet of sewer pipeline in Peck Street and approximately 725 linear feet of sewer pipeline in Chestnut Street (“Pipeline Replacement Project”); and WHEREAS, t he CITY and EVMWD determined that i t i s more economical to have EVMWD complet e th e Street I mprovement Project under its contract for the Project; and WHEREAS, the total cost of the Street Improvement Project and the Pipeline Replacement Project shall be split between EVMWD and the CITY based on the percentages shown on Exhibit “B”. The Street Improvement Project shall not exceed Four Hundred Twenty-Three Thousand Six Hundred Fifty-Six Dollars and Seventy Cents ($423,656.70) hereinafter known as “CITY CONTRIBUTION”; and WHEREAS, the CITY and EV MWD acknowledge it is in the b est interest of the public t o proceed with the construction of the Project at the earliest p ossible date; a nd WHEREAS, the purpose of this Agreement is to memorialize the mutual understandings by and between CITY and EVMWD with respect to funding and construction of the Street Improvement Project; and WHEREAS, the Parties acknowledge that EVMWD has or shall fully comply with the California Environmental Quality Act (CEQA) and all other applicable laws, as a precondition to construction of the Pipeline Replacement Project. NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties hereto mutually agree as follows: SECTION I 1. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. The Parties agree to mutually cooperate in order to help ensure that the Street Improvement Project is successfully completed with minimum impact to both Parties and the public. SECTION II EVMWD shall: 1. Manage and oversee the Street Improvement Project to its completion. 2. Award and administer the construction of the Street Improvement Project. 3. Keep an accurate accounting of all Street Improvement Project costs and include this final accounting when invoicing the CITY for payment. The final accounting of costs shall include a detailed breakdown of all costs, including but not limited to, payment vouchers and other such contract documents as may be necessary to establish the actual costs of the construction of the Street Improvement Project. 4. Upon receiving invoices for the Street Improvement Project, invoice the CITY, not more than monthly, for CITY CONTRIBUTION. 5. Schedule CITY inspection forty-eight (48) hours in advance of performing any work on CITY facilities. Resolve deficiencies identified by CITY during construction, including all punch list items. 6. Notwithstanding CITY’s right to inspect the work, as between EVMWD and CITY, CITY shall be solely responsible for construction inspection of the Street Improvement Project work to ensure conformance with the construction contract. 7. Ensure that all work performed pursuant to this Agreement by EVMWD, its agents or contractors is done and compensated in accordance with all applicable laws and regulations, including but not limited to, all applicable provisions of the Labor Code, Business and Professions Code, Public Contracting Code, and Water Code. 8. For the period during which EVMWD or its contractor(s) control the job site, EVMWD shall provide, or cause t o be provided, for the entir e period of construction, a policy of worker’s compensation insurance and comprehensive general liability insurance or self-insurance with coverage broad enough to include the contractual obligation it may have under any relevant construction contracts and having a combined single limit of liability in the amount of two million dollars ($2,000,000.00) covering CITY’s directors, officers, employees and agents as additional insured. EVMWD shall require that CITY be included as an indemnified party under the indemnification provision included in EVMWD’s construction contract. 9. EVMWD shall retain all records related to the Street Improvement Project and this Agreement for a period of three (3) years following completion of the Street Improvement Project. Such records shall be available for inspection by the CITY upon request. SECTION III CITY shall: 1. I nspect the Street Improvement Project work during construction. 2. Upon written notice of completion of the work by EVMWD, inspect the Street Improvement Project and identify any punch list work within fifteen (15) days. 3. Pay EVMWD within thirty (30) days after receipt of EVMWD’s approved invoice for CITY CONTRIBUTION. SECTION IV It is further mutually agreed: 1. The term of this Agreement shall be from the Effective Date until acceptance of the Street Improvement Project by CITY and final accounting and payment for the Street Improvement Project , unless earlier terminated as provided herein. 2. CITY CONTRIBUTION shall not exceed a total sum of Four Hundred Twenty -Three Thousand Six Hundred Fifty-Six Dollars and Seventy Cents ($423,656.70) without written amendment to this Agreement and shall be used by EVMWD solely for the Street Improvement Project as set forth herein . 3. CITY shall indemnify, defend, save and hold harmless EVMWD (including their respective directors, officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY’s (including its officers, employees, agents, representatives, independent contractors and subcontractors) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement , including but not limited to, (a) property damage; (b) bodily injury or death; (c) payment of attorney's fees; or (d) any other element of any kind or nature whatsoever. 4. EVMWD shall indemnify, defend, save and hold harmless CITY (including their respective officers, Board of Directors, appointed or elected officials, employees, agents, representatives, independent contractors and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to EVMWD’s (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontractors) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement, including but not limited to, (a) property damage; (b) bodily injury or death; (c) payment of attorney's fees or (d) any other element of any kind or nature whatsoever. 5. In the event that any dispute between the Parties arises under this Agreement, the Parties shall first attempt to resolve such dispute at the management level. If the dispute is not resolved at this level within a mutually acceptable period of time (not to exceed 60 calendar days from the date written notice of such dispute is delivered by either Party), the Parties shall attempt to resolve the dispute at the senior management level. If this proc ess and the involvement of senior management do not result in resolution of the dispute within 60 calendar days from the date of referral to upper management, then the dispute shall be referred to and finally resolved through arbitration or legal proceedings. The use of the foregoing procedure is a condition precedent to the commencement of any legal proceedings hereunder. Neither the pendency of a dispute nor its consideration by arbitration shall excuse EVMWD from full and timely performance of Street Improvement Project, as set forth in this Agreement. 6. Any Party to this Agreement may declare a breach hereof by serving written notice describing the nature of the breach to the other Party. The Party alleged to have breached the Agreement shall be afforde d thirty (30) days from service of the notice of breach to take whatever steps necessary to cure the breach. If the breach is not cured within the time parameters set forth herein, the Parties will avail themselves of the dispute procedure set forth in Section IV, Paragraph 5 , above. 7. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right or action based upon the provisions of this Agreement. 8. Any and all notices sent or required to be sent to the parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses: CITY OF LAKE ELSINORE ELSINORE VALLEY MUNICIPAL WATER DISTRICT 130 South Main Street 31315 Chaney Street Lake Elsinore, CA 92530 Lake Elsinore, CA 92530 Attn: City Manager Attn: General Manager 9. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 10. This Agreement is to be construed in accordance with the laws of the State of California. 11. The Parties hereto shall not assign this Agreement without the written consent of the other parties. 12. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 13. Any waiver by CITY or EVMWD, or any breach by any other party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of CITY or EVMWD to require from any other party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof, or estopping CITY or EV MWD from enforcing this Agreement. 14. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral and written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto. 15. This Agreement may be executed and delivered in any number of counterparts or copies, hereinafter called "COUNTERPART", by the Parties hereto. When each party has signed and delivered at least one COUNTERPART to the other Parties hereto, each COUNTERPART shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the Parties hereto. 16. The signatories hereto represent that they have been appropriately authorized to execute this Agreement on behalf of the Party for whom they sign. 17. If any lawsuit is commenced to enforce any of the terms of this Agreement, the pr evailing Party will have the right to recover its reasonable attorney’s fees and costs of suit from the other Party. 18. This Agreement may be terminated by either Party at any time and without cause by giving the other Party written notice of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Notwithstanding the foregoing, following commencement of construction of the Pipeline Replacement Project, the Parties may only terminate this Agree ment for cause. If this Agreement is terminated as provided herein, EVMWD may demand of CITY in writing, and CITY shall pay, any portion of the CITY CONTRIBUTION for which EVMWD has performed construction work related to the Street Improvement Project . Prior to any such payment, EVMWD shall place the Street in a safe and usable condition. 19. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures. 20. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, shall survive any such expiration or termination. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date(s) set forth below . SIGNATURE PAGE TO COOPERATIVE FUNDING AGREEMENT PECK AND CHESTNUT SEWER REPLACEMENT CITY OF LAKE ELSINORE By _______________________________ By ___________________________ Jason Simpson Robert E. Magee City Manager Mayor Date: ____________________________ Date: ________________________ APPROVED AS TO FORM: ATTEST: By ______________________________ By ___________________________ City Attorney City Clerk ELSINORE VALLEY MUNICIPAL WATER DISTRICT By _______________________________ Greg Thomas General Manager Date: ____________________________ ATTEST: By ___________________________ District Secretary EXHIBIT A PECK & CHESTNUT STREET IMPROVEMENT PROJECT [See Attached] TITLE SHEET ANDGENERAL NOTESCITY OF LAKE ELSINOREPECK AND CHESTNUT SEWERREPLACEMENT WO 75616STREET IMPROVEMENT PLANSKnow what'sbelow.before you dig.CallRPROJECT LOCATION MAPLEGENDABBREVIATIONSPROJECT LOCATIONCHE S T N U T S T R E E TPECK STREETHEALD AVENUEGRAHAM AVENUEFRANKLIN STREET Distribution Airbus DS Airbus DS n Airbus DS ion Airbus DS oration © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS C:\Users\cnorvani\City of Lake Elsinore\Engineering - Engineering Documents\Engr\PROJECTS-CIP\Peck Chestnut Cost Share\PECK CHESTNUT STREET PLANS-FINAL.dwg, 1/27/2021 10:56:10 AM, AutoCAD PDF (General Documentation).pc3 STREET SECTIONS ANDDETAILS19-01WEBBNWESCHESTNUT STGRAHAM AVE / CHESTNUT STGRAHAM AVECHE S T N U T S TPECK ST / CHESTNUT STPECK STHEALD AVE / CHESTNUT STCHE S T N U T S T HEALD AVECURB TRANSITION DETAIL "A"LEGENDPECK STREETCHESTNUT STREETC:\Users\cnorvani\City of Lake Elsinore\Engineering - Engineering Documents\Engr\PROJECTS-CIP\Peck Chestnut Cost Share\PECK CHESTNUT STREET PLANS-FINAL.dwg, 1/27/2021 10:56:16 AM, AutoCAD PDF (General Documentation).pc3 STREET IMPROVEMENTSKnow what'sbelow.before you dig.CallR19-01PECK STREETMAIN STREETPECK STREETMATCHLINE - SEE BELOW LEFT STA 16+00.00 MATCHLINE - SEE ABOVE RIGHTSTA 16+00 MATCHLINE - SEE BELOW LEFT STA 22+00.00 MATCHLINE - SEE ABOVE RIGHTSTA 22+00.00 CHESTNUT STREETGRAHAM STREETPECK STREEToration © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS C:\Users\cnorvani\City of Lake Elsinore\Engineering - Engineering Documents\Engr\PROJECTS-CIP\Peck Chestnut Cost Share\PECK CHESTNUT STREET PLANS-FINAL.dwg, 1/27/2021 10:56:26 AM, AutoCAD PDF (General Documentation).pc3 Know what'sbelow.before you dig.CallR19-01CHESTNUT STREETHEALD AVENUECHESTNUT STREETMATCHLINE - SEE BELOW LEFT STA 16+00.00 MATCHLINE - SEE ABOVE RIGHTSTA 16+00.00 GRAHAM AVENUEPECK STREETFRANKLIN STREETSTREET IMPROVEMENTSC:\Users\cnorvani\City of Lake Elsinore\Engineering - Engineering Documents\Engr\PROJECTS-CIP\Peck Chestnut Cost Share\PECK CHESTNUT STREET PLANS-FINAL.dwg, 1/27/2021 10:56:35 AM, AutoCAD PDF (General Documentation).pc3 Know what'sbelow.before you dig.CallR19-01ALLEY CHESTNUT STREETALLEYSTREET IMPROVEMENTSC:\Users\cnorvani\City of Lake Elsinore\Engineering - Engineering Documents\Engr\PROJECTS-CIP\Peck Chestnut Cost Share\PECK CHESTNUT STREET PLANS-FINAL.dwg, 1/27/2021 10:56:45 AM, AutoCAD PDF (General Documentation).pc3 EXHIBIT B COMBINED PERCENT SHARE [See Attached] EXHIBIT B COMBINED PERCENT SHARE ITEM NO.DESCRIPTION UNIT QTY EVMWD %LE % 1 MOBILIZATION, DEMOBILIZATION & CLEANUP LS 1 39%61% 2 TRAFFIC CONTROL PLAN LS 1 38%62% 3 STORM/NON STORM WATER POLLUTION CONTROL LS 1 44%56% 4 CONSTRUCTION SURVEY AND STAKING LS 1 40%60% 5 4" ASPHALT CONCRETE OVER AB TON 844 100%0% 6 4" ASPHALT CONCRETE OVER 95% Compacted Native TON 731 0%100% 7 4" CLASS II AGGREGATE BASE CY 414 100%0% 8 3" AC OVER 95% COMPACTED NATIVE TON 150 0%100% 9 4" PCC SIDEWALK PER CITY OF LAKE ELSINORE STD NO. 210 SF 260 0%100% 10 HMA DIKE PER CALTRANS STD A87A, TYPE E LF 1,166 0%100% 11 REMOVE AND RECONSTRUCT RESIDENTIAL DRIVEWAY PER RIVERSIDE COUNTY STD NO. 213 SF 1,440 10%90% 12 CURB RAMP PER LAKE ELSINORE STD NO. 214A EA 10 0%100% 13 ALLEY APRON PER RIVERSIDE COUNTY STD 500 CY 186 0%100% 14 CROSS GUTTER AND SPANDREL PER RIVERSIDE COUNTY STD 209 W = 6'SF 1,540 0%100% 15 6" TO 5" CURB & GUTTER TRANSITION LF 100 0%100% 16 CURB & GUTTER TO TRAVERSIBLE DIKE TRANSITION LF 30 0%100% 17 6" CURB PER LAKE ELSINORE STD 202 LF 195 0%100% 18 12" STOP BAR PAVEMENT LEGEND EA 8 0%100% 19 REMOVE EXISTING PAVEMENT SF 70,924 48%52% 20 REMOVE AND DISPOSE EXISTING AC BERM LF 578 0%100% 21 REMOVAL AND DISPOSE CURB, MINOR WALLS, SHRUBS, ETC.LS 1 0%100% 22 4" PLAIN CEMENT CONCRETE SF 1,008 100%0% 23 SCARIFY 6",REGRADE & COMPACT NATIVE SOIL TO 95%SF 29,010 0%100% 24 ADJUST MANHOLE TO GRADE EA 9 100%0% 25 ADJUST WATER VALVE TO GRADE EA 21 0%100% 26 REMOVE/RECONSTRUCT DECORATIVE PAVING SF 375 48%52% GRA H A M A V E N U E CHESTNUT STREETHEA L D A V E N U E FRA N K L I N S T R E E T MAIN STREETPRO S P E C T S T R E E T PEC K S T R E E T EXHIBIT A LIMITS OF SEWER REPLACEMENT AND PAVEMENT RECONSTRUCTION