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Home My WebLink AboutItem No. 06 - Amend. No. 1 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# 21-338 Agenda Date: 9/28/2021 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 6) Amendment No. 1 to the Cooperative Funding Agreement with Elsinore Valley Municipal Water District for the Peck and Chestnut Sewer Replacement Project Approve and authorize the Mayor and City Manager to execute Amendment No. 1 to 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 $623,833.87. Page 1 City of Lake Elsinore Printed on 9/28/2021 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: September 28, 2021 Subject: Amendment No. 1 to the Cooperative Funding Agreement with Elsinore Valley Municipal Water District for the Peck and Chestnut Sewer Replacement Project Recommendation Approve and authorize the Mayor and City Manager to execute Amendment No. 1 to the Cooperative Funding Agreement with Elsinore Valley Municipal W ater District (EVMWD) for the Peck and Chestnut Sewer Replacement Project in a total amount not to exceed $623,833.87. Background City Council approved the original Cooperative Agreement (“Agreement”) between the City and the Elsinore Valley Municipal W ater District on April 27, 2021. The Agreement allows for funding of street improvements within the vicinity of the EVMWD sewer line project, outside the limits of pavement replacement required for the utility project. Therefore, allowing the City the opportunity to install street improvements in the downtown area along the Peck/Chestnut sewer line alignment. The approved funding for the original Agreement is $423,656.70. Amendment No. 1 seeks to increase the City’s approved portion to a not-to-exceed cost of Six Hundred Twenty-Three Thousand Eight Hundred Thirty-Three Dollars and Eight Seven Cents ($623,833.87). Discussion Bids were received by EVMWD on September 7, 2021. The low bidder was Kay Construction, with a Total Bid of 1,600,072.00. Schedule B is the CITY reimbursable portion of the Agreement. The Schedule B Bid amount was $825,257.00. The Construction Cost Estimate is $628,941.00, All bid results received by EVMWD were higher than the Construction Cost Estimates. There currently is an increase in material costs, material shortages, and labor which has led to significant price increases on all construction projects. The bid is shown in Exhibit A. Amendment No. 1 to Cooperative Agreement Peck/Chestnut EVMWD Page 2 of 2 Fiscal Impact The City will reimburse EVMWD the City’s Amendment No. 1 contribution of the Street Improvement portion of the project for Six Hundred Twenty-Three Thousand Eight Hundred Thirty-Three Dollars and Eight Seven Cents ($623,833.87). Funds are allocated within the adopted CIP Budget. Exhibits A – Amendment No. 1 B – Kay Construction Bid C – Project Vicinity Map AMENDMENT 1 TO COOPERATIVE FUNDING AGREEMENT PECK AND CHESTNUT SEWER REPLACEMENT This Amendment 1 to the Cooperative Funding Agreement (“Amendment”) is made on this ____ day of _________, 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 ("EVMWD"), which are collectively referred to herein as “Parties” and individually as “Party.” RECITALS WHEREAS, CITY and EVMWD have entered into a Cooperative Funding Agreement (“Agreement”) for the CITY’s Peck and Chestnut Street Improvement Project and EVMWD’s Sewer Pipeline Replacement Project (collectively referred to herein as “Peck and Chestnut Project”) as of 1st of June 2021; and WHEREAS, the total cost of the Street Improvement Project and the Pipeline Replacement Project shall be split between EVMWD and the CITY; and WHEREAS, EVMWD has publicly advertised and received bids for the Peck and Chestnut Project, and CITY CONTRIBUTION portion of the low bid amount exceeds the amount specified on the Cooperative Funding Agreement; and WHEREAS, the Parties now desire to amend the Agreement to increase the amount of CITY CONTRIBUTION. NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree as follows: SECTION I – INCORPORATION OF RECITALS 1. The recitals above are true and correct and are hereby incorporated herein by this reference. SECTION II – AMENDMENT TERMS 1. Section IV.2 of the Agreement, shall be amended in full, to read as follows: “CITY CONTRIBUTION shall not exceed a total sum of Six Hundred Twenty‐Three Thousand Eight Hundred Thirty‐Three Dollars and Eighty‐Seven Cents ($623,833.87) without written amendment to this Agreement and shall be used by EVMWD solely for the Street Improvement Project as set forth herein.” SECTION III – GENERAL PROVISIONS 1. 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. 2. The signatories hereto represent that they have been appropriately authorized to execute this Agreement on behalf of the Party for whom they sign. 3. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures. 4. This Amendment shall not become effective until the date (“Effective Date”) on which this Amendment has been executed by the appropriate authorities of EVMWD and CITY. [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 AMENDMENT 1 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 Elsinore Valley Municipal Water District Peck and Chestnut Street Sewer Replacement – Phase 2 (75616), bidding on 09/07/2021 10:00 AM (PDT) Page 1 of 6 Printed 09/07/2021 PlanetBids, Inc. Elsinore Valley Municipal Water District Peck and Chestnut Street Sewer Replacement – Phase 2 (75616), bidding on 09/07/2021 10:00 AM (PDT) Page 2 of 6 Printed 09/07/2021 PlanetBids, Inc. Elsinore Valley Municipal Water District Peck and Chestnut Street Sewer Replacement – Phase 2 (75616), bidding on 09/07/2021 10:00 AM (PDT) Page 3 of 6 Printed 09/07/2021 PlanetBids, Inc. Elsinore Valley Municipal Water District Peck and Chestnut Street Sewer Replacement – Phase 2 (75616), bidding on 09/07/2021 10:00 AM (PDT) Page 4 of 6 Printed 09/07/2021 PlanetBids, Inc. Elsinore Valley Municipal Water District Peck and Chestnut Street Sewer Replacement – Phase 2 (75616), bidding on 09/07/2021 10:00 AM (PDT) Page 5 of 6 Printed 09/07/2021 PlanetBids, Inc. Elsinore Valley Municipal Water District Peck and Chestnut Street Sewer Replacement – Phase 2 (75616), bidding on 09/07/2021 10:00 AM (PDT) Page 6 of 6 Printed 09/07/2021 PlanetBids, Inc. 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