HomeMy WebLinkAboutItem No. 12 - Agreement County of Riverside & City El Toro Rd/Dexter Ave.City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-432
Agenda Date: 12/14/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 12)
Service Agreement Between the County of Riverside and the City of Lake Elsinore for El Toro
Road/Dexter Avenue Sidewalk Project
Approve and authorize the City Manager to execute a Service Agreement with the County of Riverside
for the El Toro Road/Dexter Avenue Sidewalk Project.
Page 1 City of Lake Elsinore Printed on 12/14/2021
Page 1 of 1
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: December 14, 2021
Subject: Service Agreement with the County of Riverside for the El Toro Road/
Dexter Avenue Sidewalk Project
Recommendation
Approve and Authorize the City Manager to execute a Service Agreement with the County of
Riverside for the El Toro Road/Dexter Avenue Sidewalk Project.
Background
With the City of Lake Elsinore’s (“City”) support, the County of Riverside (“County”) was
awarded an Active Transportation Program grant to construct sidewalk and roadway
improvements along El Toro Road and Dexter Avenue between Carmela Court and 600’ north
of Central Avenue. These proposed sidewalk improvements are to be installed in both County
and City jurisdictions.
Discussion
As mentioned in the attached Service Agreement, the County will be the Lead Agency and
agrees to fund one hundred (100) percent of the costs for preparing plans, obtaining
environmental clearance, providing utility coordination, and constructing new sidewalk and
roadway improvements related to the project. The City will provide construction oversight at no
cost to the County.
The County and City will be responsible to provide maintenance of the newly constructed
sidewalk improvements within their jurisdictions following the completion of the project.
Fiscal Impact
No direct fiscal impact from executing the agreement.
Exhibits
A – Service Agreement
El Toro Road/Dexter Avenue Sidewalk Project
County of Riverside and City of Lake Elsinore Service Agreement 1
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SERVICE AGREEMENT BY AND BETWEEN
COUNTY OF RIVERSIDE
AND
CITY OF LAKE ELSINORE
FOR
EL TORO ROAD/DEXTER AVENUE SIDEWALK PROJECT
This Service Agreement for the El Toro Road/Dexter Avenue Sidewalk Project (“Agreement”) is entered into this
_______ day of _____________, 20____, by and between the County of Riverside, a political subdivision of the
State of California, (hereinafter "COUNTY") and the City of Lake Elsinore, a municipal corporation, (hereinafter
“CITY”) for the sidewalk and roadway improvements to El Toro Road/Dexter Avenue, located within the jurisdictional
boundaries of the CITY. The COUNTY and CITY are sometimes hereinafter referred to individually as a “PARTY”
and collectively as the “PARTIES”.
RECITALS
A. The COUNTY submitted an Active Transportation Program (hereinafter “ATP”) grant application with CITY’s
support to construct sidewalk and roadway improvements on El Toro Rd./Dexter Ave. between Carmela
Ct. and 600’ north of Central Ave., in the CITY and Warm Springs area of the COUNTY to provide
pedestrian paths to Temescal Canyon High School (Exhibit A - Vicinity Map).
B. On or about August 15, 2019, the California Transportation Commission approved COUNTY’S ATP grant
application to construct sidewalk and roadway improvements on El Toro Rd./Dexter Ave.
C. COUNTY and CITY have mutually agreed to designate COUNTY as the lead agency in developing plans,
acquiring right-of-ways, and constructing sidewalk and roadway improvements on El Toro Rd./Dexter Ave.
(hereinafter “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.
El Toro Road/Dexter Avenue Sidewalk Project
County of Riverside and City of Lake Elsinore Service Agreement 2
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AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as
follows:
SECTION 1 • COUNTY AGREES:
1. To fund one hundred (100) percent of the cost of preparing plans, specifications, and estimates (PS&E),
preparing an environmental document and obtaining environmental clearance in accordance with the
California Environmental Quality Act, providing utility coordination and relocation of impacted utilities,
acquiring right-of-way, advertising, awarding, and administering a public works construction contract
necessary to construct PROJECT.
2. To be lead agency in preparing an environmental document, obtaining environmental clearance, and
approving the environmental document in accordance with the California Environmental Quality Act.
3. To prepare detailed PS&E documents for the PROJECT and submit to the CITY for review and approval.
4. To identify, locate, and denote all utility facilities and utility conflicts within the PROJECT area on the plans.
COUNTY shall make all necessary arrangements with the owners of the utility facilities conflicting with
construction for their protection, relocation, or removal. COUNTY shall require the utility owners and/or its
contractors performing the relocation work within the CITY to obtain CITY 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 jurisdiction’s right-of-way.
5. To advertise, award, and administer a public works contract for the construction of PROJECT in accordance
with all applicable laws, including but not limited to the Local Agency Public Construction Act, the California
Labor Code, and in accordance with the permit issued by the Riverside County Transportation Department.
6. To furnish a representative to perform the function of Resident Engineer during construction. The Resident
Engineer shall be designated by the COUNTY and independent of the construction contractor.
7. To furnish support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and
foundation tests, measurement and computation of quantities, testing of construction materials, checking
shop drawings, preparation of estimates and reports, preparation of as-built drawings, and other inspection
El Toro Road/Dexter Avenue Sidewalk Project
County of Riverside and City of Lake Elsinore Service Agreement 3
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and services necessary to assure that the construction is performed in accordance with the PS&E
documents.
8. To provide material testing and quality control conforming to 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.
9. To construct PROJECT in accordance with approved PS&E documents.
10. Pursuant to Streets & Highways Code Section 1680 et seq., to provide routine maintenance of the newly
constructed sidewalk and roadway within the COUNTY.
SECTION 2 • CITY AGREES:
1. To review and approve the PROJECT plans.
2. The COUNTY will be the lead agency in preparing an environmental document, obtaining environmental
clearance, and approving the environmental document in accordance with the California Environmental
Quality Act.
3. To issue, at no cost to COUNTY or its contractors upon proper application, an encroachment permit
authorizing entry onto CITY’s right-of-way to perform investigative activities or construction activities for
PROJECT.
4. To provide, at no cost to COUNTY, oversight of PROJECT and to provide prompt reviews and approvals
of submittals by COUNTY, and to cooperate in timely processing of PROJECT.
5. To provide a representative to coordinate through the COUNTY’s Resident Engineer during the construction
of PROJECT and to verify facilities are constructed in accordance with the approved PS&E documents as
required by this Agreement. It is mutually understood that CITY personnel may observe and inspect all
work being done on PROJECT, but shall provide any comments to COUNTY personnel who shall be solely
responsible for all communications with COUNTY contractor.
6. Pursuant to Streets & Highways Code Section 1680 et seq., to provide routine maintenance of the newly
constructed sidewalk and roadway within the CITY.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
El Toro Road/Dexter Avenue Sidewalk Project
County of Riverside and City of Lake Elsinore Service Agreement 4
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1. Construction by COUNTY of improvements referred to herein which lie within CITY right-of-ways shall not
commence until an Encroachment Permit to COUNTY or its contractor, authorizing such work has been
issued by CITY.
2. COUNTY and CITY 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.
3. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the
PROJECT construction contract, 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.
4. Ownership and title to all materials, equipment, and appurtenances installed 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.
5. CITY shall be responsible for the maintenance of the improvements within CITY except as specified in this
Agreement or future agreements.
6. 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.
7. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability
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) 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.
El Toro Road/Dexter Avenue Sidewalk Project
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8. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability 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. 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 any act or omission of COUNTY
under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement.
9. 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.
10. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the same shall be deemed severable from the remainder of this Agreement, and the
remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any
way.
11. This Agreement is to be construed in accordance with the laws of the State of California.
12. Neither the CITY nor COUNTY shall assign this Agreement without the written consent of the other PARTY.
13. Any action at law or in equity brought by any of the PARTIES hereto for the purpose of enforcing a right or
rights provided by this 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.
14. This Agreement is the result of negotiations between the PARTIES hereto, and the advice and assistance
of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by CITY
or COUNTY shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall
not be construed against the PARTY that prepared it in its final form.
15. Any waiver by COUNTY or CITY of any breach by the 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 COUNTY or CITY to require from the other PARTY exact, full and complete
compliance with any of the provisions of this Agreement shall not be construed as in any manner changing
El Toro Road/Dexter Avenue Sidewalk Project
County of Riverside and City of Lake Elsinore Service Agreement 6
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the terms hereof, or stopping COUNTY or CITY from enforcing this Agreement.
16. This Agreement and Exhibit A herein contain the entire agreement between the PARTIES, and are intended
by the PARTIES to completely state the agreement in full. Any agreement 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.
17. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third
parties not a PARTY to this Agreement or affect the legal liability of any 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.
18. 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: Mark Lancaster Attn: Jason Simpson
Director of Transportation City Manager
4080 Lemon Street, 8th Floor 130 South Main Street
Riverside, CA 92501 Lake Elsinore, CA 92530
Phone: (951) 955-6747 Phone: (951) 674-3124
19. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute but one and the same instrument. It shall not be necessary that
any single counterpart hereof be executed by all PARTIES hereto so long as at least one counterpart is
executed by each PARTY. Each PARTY to this Agreement agrees to the use of electronic signatures, such
as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act
((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The PARTIES further
El Toro Road/Dexter Avenue Sidewalk Project
County of Riverside and City of Lake Elsinore Service Agreement 7
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agree that the electronic signatures of the PARTIES included in this Agreement are intended to authenticate
this writing and to have the same force and effect as manual signatures. Electronic signature means an
electronic sound, symbol, or process attached to or logically associated with an electronic record and
executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as
amended from time to time. The CUETA authorizes use of an electronic signature for transactions and
contracts among parties in California, including a government agency. Digital signature means an electronic
identifier, created by computer, intended by the PARTY using it to have the same force and effect as the
use of a manual signature, and shall be reasonably relied upon by the PARTIES. For purposes of this
section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2
of the Civil Code.
[Signature Page Follows]
El Toro Road/Dexter Avenue Sidewalk Project
County of Riverside and City of Lake Elsinore Service Agreement 8
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APPROVALS
COUNTY Approvals
RECOMMENDED FOR APPROVAL:
Dated:
MARK LANCASTER
Director of Transportation
APPROVED AS TO FORM:
GREGORY P. PRIAMOS, COUNTY COUNSEL
By: Dated:
DANIELLE MALAND
Deputy County Counsel
APPROVAL BY THE BOARD OF SUPERVISORS
Dated:
KAREN SPIEGEL
Chair, Riverside County Board of Supervisors
ATTEST:
Dated:
KECIA R. HARPER
Clerk of the Board (SEAL)
CITY Approvals
APPROVED BY:
Dated:
____________________________________
PRINTED NAME
CITY Manager
APPROVED AS TO FORM:
Dated:
____________________________________
PRINTED NAME
CITY Attorney
ATTEST:
________________________ Dated: ______
____________________________________
PRINTED NAME
CITY Clerk
El Toro Road/Dexter Avenue Sidewalk Project
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EXHIBIT A – VICINITY MAP
D0-0014 El Toro Rd/Dexter Ave Sidewalk Project