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HomeMy WebLinkAboutItem No. 03 - Coop Agreement with EVMWD for Street Improvements 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 26, 2023 Subject:Cooperative Funding Agreement Between Elsinore Valley Municipal Water District and the City of Lake Elsinore for the Construction of Street Improvements Adjacent to EVMWD Parking Lot at Gedge Ave. and Treleven Ave. Recommendation Approve and authorize the City Manager to execute the Cooperative Funding Agreement, with Elsinore Valley Municipal Water District (EVMWD), for the EVMWD Parking Lot and Street Improvements Project in the not-to-exceed amount of $178,673.34 in final form as approved by the City attorney. Background This agreement will establish the funding and construction of the two (2) agencies involved in the EVMWD Parking Lot and Street Improvements Project delivery. The total cost of the EVMWD Parking Lot and Street Improvements 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 One Hundred Seventy-Eight Thousand Six Hundred Seventy-Three Dollars and Thirty-Four Cents ($178,673.34). 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 Parties 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. Parties will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks. EVMWD is planning a parking lot EVMWD Coop Agreement Page 2 of 2 on EVMWD vacant land located at the corner of Treleven Avenue and Gedge Avenue and half street improvements along the project frontage of Treleven Avenue and Gedge Avenue The City has much needed street improvements to complete within Treleven Avenue and Gedge Avenue, 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. The City‘s contribution is based on actual bid results from the low bidder. The Low Bidder is Roadway Engineering and Construction Corp. Fiscal Impact The City will reimburse EVMWD the City’s contribution of the Street Improvement portion of the project the amount of One Hundred Seventy-Eight Thousand Six Hundred Seventy-Three Dollars and Thirty-Four Cents ($178,673.34). Funds are allocated within the adopted CIP Budget. Attachments Attachment 1- Agreement and Exhibits COOPERATIVE FUNDING AGREEMENT EVMWD PARKING LOT IMPROVEMENTS This Cooperative Funding Agreement (“Agreement”) is made on this ____ day of _________, 2023 (“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, the CITY is planning a Capital Improvement Project which includes the Street Improvements for Treleven Avenue and Gedge Avenue, (“Street Improvement Project”) as shown on Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, EVMWD is planning to complete a Parking Lot Improvement Project (“Parking Lot improvements Project”) on EVMWD-owned vacant land located at the corner of Treleven Avenue and Gedge Avenue and complete half-width street improvement along the project frontage of Treleven Avenue and Gedge Avenue as shown on Exhibit “A”; and WHEREAS, the CITY is partnering with EVMWD to improve street access and pavement rehabilitation efforts within the Parking Lot Improvements Project vicinity, the project includes approximately 230 linear feet of street improvements on Gedge Avenue and approximately 570 linear feet of street improvements on Treleven Avenue (“Street Improvements”); and WHEREAS, the CITY and EVMWD determined that it is more economical to have EVMWD complete the Street Improvement Project under its contract for the Parking Lot Project; and WHEREAS, the total cost of the Street Improvement Project shall be split between EVMWD and the CITY based on the percentages shown on Exhibit “B”. The CITY shall reimburse EVMWD for the Street Improvement Project in the amount not to exceed One Hundred Seventy Eight Thousand Six Page 1 of 18 Hundred Seventy three Dollars and thirty four cents ($178,673.34) hereinafter known as “CITY CONTRIBUTION”; and WHEREAS, the CITY and EVMWD acknowledge it is in the best interest of the public to proceed with the construction of the Project at the earliest possible date; and 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 Parking Lot and Street Improvement Projects. 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 Parking Lot and Street Improvement Projects are successfully completed with minimum impact to both Parties and the public. SECTION II EVMWD shall: 1. Manage and oversee the Parking Lot and Street Improvement Projects to its completion. 2. Award and administer the design and construction of the Parking Lot and Street Improvement Projects. Page 2 of 18 3. Provide the CITY an opportunity to review and approve all design documents for the Street Improvement Project prior to finalization of such design documents for public bidding purposes. Additionally, EVMWD shall provide the CITY an opportunity to review and approve any changes to such design documents resulting from necessary change orders occurring following commencement of work on the Street Improvement Project. 4. Obtain all applicable environmental clearances and permits necessary to complete the Street Improvement Project. 5. 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. 6. Upon receiving invoices for the Street Improvement Project, invoice the CITY, not more than monthly, for CITY CONTRIBUTION. 7. Schedule CITY inspection forty-eight (48) hours in advance of performing any Street Improvement work. Resolve deficiencies identified by CITY during construction, including all punch list items. 8. 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 within CITY right-of-way to ensure conformance with the construction contract. 9. 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 Page 3 of 18 but not limited to, all applicable provisions of the Labor Code, Business and Professions Code, Public Contracting Code, and Water Code. 10. For the period during which EVMWD or its contractor(s) control the job site, EVMWD shall provide, or cause to be provided, for the entire 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. 11. 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. Timely review design plans for the Street Improvement Project and provide any approvals or comments within thirty (30) days of receipt of the plans. If the CITY fails to provide any comments or its approval within said time period, EVMWD shall provide notice to the CITY’s City Manager that the design plans shall be deemed approved by EVMWD if no comments are received within an additional fifteen (15) days. 2. Inspect the Street Improvement Project work within CITY right-of-way during construction. Page 4 of 18 3. Upon written notice of completion of the work by EVMWD, inspect the Street Improvement Project within CITY right-of-way and identify any punch list work within fifteen (15) days. 4. 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 One Hundred Seventy Eight Thousand Six Hundred Seventy three Dollars and thirty four cents ($178,673.34) 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. Page 5 of 18 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 process 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 afforded thirty (30) days from service of the notice of breach to take whatever Page 6 of 18 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 Page 7 of 18 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 EVMWD 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 prevailing 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 Parking Lot Improvements Project, the Parties may only terminate this Agreement for cause. If this Agreement is terminated as provided herein, EVMWD Page 8 of 18 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] Page 9 of 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date(s) set forth below. SIGNATURE PAGE TO COOPERATIVE FUNDING AGREEMENT EVMWD PARKING LOT IMPROVEMENTS CITY OF LAKE ELSINORE By _______________________________ Jason Simpson City Manager 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 Page 10 of 18 EXHIBIT A STREET IMPROVEMENTS PROJECT [See Attached] Page 11 of 18 N ’ ’ “” “ ” Page 12 of 18 Page 13 of 18 EXIT ONLYSTOPSTOPNSCALE: 1"= 20' 40200 FEET 20 Page 14 of 18 STOPN SCALE: 1"= 20' 40200 FEET 20 Page 15 of 18 EXHIBIT B COMBINED PERCENT SHARE [See Attached] Page 16 of 18 ITEM DESCRIPTION UNIT QUANTITY EVMWD % LE % 1 Mobilization, Bonds, Permits, Site Cleanup, Demobilization LS 1 85% 15% 2 Temporary Erosion Control/Storm Water Pollution Control Plan (WPCP), BMP LS 1 100% 0% 3 Traffic Control Plans And Traffic Control/Safety LS 1 67% 33% 4 Pre/Post Construction Video And Photographs LS 1 100% 0% 5 Grading LS 1 100% 0% 6 Concrete Sidewalk Improvments, Driveway Approaches And Parking Space “Step-Outs”SF 4000 93% 7% 7 Parkway Culverts ("Underwalk Drains") EA 3 100% 0% 8 Concrete Curb And Gutter, Standalone Curb, Curbcuts And Cross Gutter Improvements LF 1510 79% 21% 9 Concrete: Pedestrian Ramps and Spandrels EA 2 100% 0% 10 Precast Concrete Items 10.1 Precast Parking Bumpers EA 14 100% 0% 10.2 Precast Manhole EA 1 100% 0% 11 Masonry Screening Wall LF 350 100% 0% 12 Solar Site Lighting EA 5 100% 0% 13 Bioretention Facility Bmp (Including Pump, Piping, Outlet Grate And River Rock)LS 1 100% 0% 14 Landscaping and Irrigation LS 1 100% 0% 15 Paving And Base: Treleven, Gedge, Driveway “Aprons” And On-Site SF 40000 52% 48% 16 Signing And Striping: Treleven, Gedge, On-Site And Existing Parking Lot LS 1 100% 0% 17 Remove Existing AC & Base: Treleven, Gedge SF 14000 17% 83% 18 Demolition, Clearing and Grubbing LS 1 49% 51% 19 Electrical LS 1 100% 0% 20 4" Asphalt Dike LF 155 0% 100% EXHIBIT B STREET IMPROVEMENTS COMBINED PERCENT SHARE Page 17 of 18 N SCALE: 1"= 20' 40200 FEET 20 Page 18 of 18