HomeMy WebLinkAboutItem No. 19 Coop Funding Agreement County of Riverside Grand Ave. Roadway ImpCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: TMP 21-247
Agenda Date: 6/22/2021 Status: PassedVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 19)
Cooperative Funding Agreement with the County of Riverside for the Grand Avenue Roadway
Improvements Project
Authorize the Mayor to execute a Cooperative Funding Agreement with the County of Riverside for the
Grand Avenue Roadway Improvements Project in an amount not to exceed $555,167.00 in such final
form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 12/29/2023
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: June 22, 2021
Subject: Cooperative Funding Agreement with the County of Riverside for the Grand
Avenue Roadway Improvements Project
Recommendation
Authorize the Mayor to execute a Cooperative Funding Agreement with the County of Riverside
for the Grand Avenue Roadway Improvements Project in an amount not to exceed $555,167.00
in such final form as approved by the City Attorney.
Background
The County currently has a roadway improvement project on Grand Avenue from Plumas Street
to Audelo Street which does not include work outside of the County’s jurisdiction.
Grand Avenue, a 54-foot to 76-foot variable-width two-lane road between Machado Street and
Riverside Drive and between Ortega Highway and Bonnie Lea Drive, within the City limits,
needs roadway improvements which consist of resurfacing the roadway consisting of milling the
existing pavement and overlaying with hot mix asphalt. Incidental work will include
reconstructing portions of the roadway, reconstructing portions of curb and gutter, gutters, and
ramps.
City staff has determined that it is more economical to have the County complete the roadway
improvements located within the City under the County’s current roadway improvement project
contract.
Discussion
The attached agreement provides for the City to contribute the City’s share for funding and
construction by the County of the Grand Avenue Roadway Improvements Project.
The City’s contribution is estimated at $555,167, which includes a 10% contingency. Exhibit “A”
of the Agreement shows the location of the improvments. Exhibit “B” of the Agreement shows
the cost breakdown.
The County of Riverside will manage the project, including scheduling and quality of the work
activities.
Cooperative Funding Agreement
June 11, 2021
Page 2
Fiscal Impact
The City will reimburse to the County of Riverside for the City’s contribution in an amount not to
exceed $555,167. Funds are allocated within the adopted CIP Transportation Budget.
Exhibits
A – Cooperative Agreement
Grand Avenue Roadway Improvements
CITY Service Agreement 1
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SERVICE AGREEMENT BY AND BETWEEN
COUNTY OF RIVERSIDE
AND
CITY OF LAKE ELSINORE
FOR
GRAND AVENUE ROADWAY IMPROVEMENTS
This Service Agreement for the Grand Avenue Roadway Improvements (“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 Roadway Improvements to Grand Avenue, located within the jurisdictional boundaries of the CITY. The
COUNTY and CITY are sometimes hereinafter referred to individually as the “PARTY” and collectively as the
“PARTIES”.
RECITALS
A. The COUNTY currently has a Roadway Improvement Project on Grand Avenue from Plumas Street to
Audelo Street, which excludes work outside of the COUNTY’s jurisdiction (COUNTY PROJECT).
B. COUNTY and CITY have mutually agreed that Grand Avenue, a 54-foot to 76-foot variable width two lane
facility between Machado Street and Riverside Drive and between Ortega Highway and Bonnie Lea Drive,
within the CITY limits, is in need of roadway improvements.
C. The COUNTY PROJECT is in the vicinity of proposed CITY improvements, as shown on “Exhibit A” (Vicinity
Map). All improvements being proposed within CITY limits shall be referred to as CITY PROJECT.
D. The improvements on Grand Avenue (COUNTY PROJECT) will consist of resurfacing the roadway
consisting of milling the existing pavement and overlaying with Hot Mix Asphalt. Incidental work will include
and not be limited to reconstructing portions of the roadway, reconstructing portions of curb and gutter,
reconstructing cross-gutters and spandrels, reconstructing curb ramps, constructing driveways,
reconstructing driveways, placing an asphalt safety edge, placing shoulder backing, replacement of
signage, and striping the roadway.
Grand Avenue Roadway Improvements
CITY Service Agreement 2
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E. COUNTY has awarded a construction contract for COUNTY PROJECT.
F. The improvement on Grand Avenue for CITY PROJECT are of similar type and scope as COUNTY
PROJECT and will be added to COUNTY PROJECT as a contract change order. COUNTY has provided
CITY with Engineers Estimate for CITY PROJECT, actual costs to be determined by COUNTY Contractors
Change Order Proposal.
G. COUNTY and CITY desire to have one agency take the lead role in the implementation of the roadway
improvements in an interest to coordinate the improvements located in the two jurisdictions and to reduce
overall costs by processing the two separate jurisdictional improvements as one project.
H. COUNTY will provide the administrative, technical, managerial, and suppor t services necessary for the
implementation of the CITY PROJECT.
I. COUNTY and CITY desire to define herein the terms and conditions under which 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 development and implementation of the
CITY PROJECT. The COUNTY is providing services on a reimbursable basis as shown on “Exhibit B” and
has absolutely no obligation with regard to COUNTY funding for any portion of CITY PROJECT.
2. To prepare, or cause to be prepared, detailed PS&E documents for CITY PROJECT and submit to CITY
for review and approval at appropriate stages of development. Final plans for improvements shall be
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 has provided
Engineers Estimate for cost of CITY PROJECT, work shall commence after COUNTY receives Change
Order Proposal from COUNTY Contractor and Section 3, Item 3 and 4 of this Agreement are satisfied.
3. To identify and locate all utility facilities within the limits of the CITY PROJECT as part of its design
responsibility. If any existing public and/or private utility facilities conflict with CITY PROJECT construction,
COUNTY shall make all necessary arrangements with the owners of such facilities for their protection,
Grand Avenue Roadway Improvements
CITY Service Agreement 3
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relocation, or removal. All utility facilities shall be identified on the plans and specifications, and conflicting
utilities shall be denoted. COUNTY shall require the utility owner and/or its contractors performing the
relocation work within CITY's right of way to obtain a 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. In the case that any utility
companies are determined to have prior rights, the cost of relocating utilities shall be borne by the CITY.
4. To make written application to CITY for an encroachment permit authorizing entry into CITY's right of way
for the purposes of constructing CITY PROJECT.
5. To act as the Lead Agency under the California Environmental Quality Act (CEQA) for the CITY PROJECT.
6. To administer a public works contract for the constru ction of the CITY PROJECT in accordance with all
applicable federal, state or local statutes, ordinances, 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.
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 construction 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 Engineers
Estimate amount for CITY PROJECT improvements that are located within the jurisdictional boundaries of
the CITY to CITY for review and approval prior to final authorization by COUNTY.
11. To furnish CITY one complete set 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 CITY PROJECT construction contract. Electronic copies of completed
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plans will be made available if CITY desires. If electronic copies are provided, they will be provided on CD -
R media.
12. To furnish CITY a final reconciliation of project expenses within ninety (90) days following the completion
and acceptance of the CITY PROJECT construction contract. If final costs associated with the CITY’s
improvements 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’s improvements are less than the deposit
provided in Section 2, COUNTY 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. CITY agrees that should
unforeseen circumstances arise which result in an increase of any costs 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, within 30 days of executing this agreement five hundred fifty five thousand one
hundred sixty seven dollars ($555,167) (the “Deposit”), as provided in “Exhibit B”.
3. Issue, at no cost to COUNTY or its contractors, upon proper application by COUNTY or COUNTY‘s
contractor, an encroachment permit authorizing entry onto CITY's right -of-way to perform all surveys and
other field activities required for preparation of the PS&E, utility coordination, right of way acquisition, and
construction of the CITY PROJECT.
4. Provide a representative to coordinate with the COUNTY's Project Manager during the development and
the construction of CITY PROJECT, and to verify facilities are constructed as required by this Agreement,
if applicable.
5. To provide at no cost to the CITY PROJECT, 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 pay within 45 days of receipt, the invoice for final reconciled cost in excess of the deposit amount for
CITY PROJECT submitted by COUNTY for services rendered in accordance with this Agreement.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
Grand Avenue Roadway Improvements
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1. The total cost to CITY to complete PS&E documents, construction, including construction survey, inspection
and a material testing for CITY PROJECT, including a ten percent (10%) contingency, is estimated to be,
five hundred fifty five thousand one hundred sixty seven dollars ($555,167) as detailed in “Exhibit B”.
2. COUNTY shall not be obligated to commence construction of the CITY PROJECT until after receipt of
CITY's deposit as required in Section 2.
3. If Change Order Proposal from COUNTY contractor for CITY PROJECT indicate a cost overrun of no more
than 10% of the Engineers Estimate as described in “Exhibit B”, COUNTY may proceed with CITY
PROJECT.
4. If upon receiving Change Order Proposal, it is found that a cost overrun exceeding ten percent (10%) of
the Engineers Estimate is anticipated, COUNTY and CITY shall endeavor to agree upon an alternative
course of action. If, after fifteen (15) calendar days from the date of receiving Change Order Proposal, an
alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual
consent, with each agency sharing incurred costs in accordance with the cost shares as set forth in Section
I, Article (1), and Section II, Article (1). COUNTY shall reimburse CITY within forty five (45) days of
termination.
5. Construction by COUNTY of improvements referred to herein which lie within CITY rights of way s hall 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
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 $1,0 00,000 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 installed a s part of this agreement will
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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 CIT Y 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 s hall be binding on each
party hereto.
10. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by 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 anything done
or omitted to be done by 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 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.
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. 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 bei ng impaired or invalidated in any
way.
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14. This Agreement is to be construed in accordance with the laws of the State of California.
15. Neither the CITY nor COUNTY shall assign this Agreement without the written consent of the other party.
16. 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.
17. 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.
18. Any waiver by COUNTY or CITY of 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 COUNTY or CITY to require from any other party exact, ful l and complete
compliance with any of the provisions of this Agreement shall not be construed as in any manner changing
the terms hereof, or stopping COUNTY or CITY from enforcing this Agreement.
19. This Agreement and Exhibits A-B 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.
20. 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.
21. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to CITY
PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the CITY
PROJECT.
22. All notices, demands, invoices, and other communications required or permitted hereunder shall be in
Grand Avenue Roadway Improvements
CITY Service Agreement 8
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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: Remon Habib
Director of Transportation City Engineer
4080 Lemon Street, 8th Floor 130 South Main Street
Riverside, CA 92501 Lake Elsinore, Ca. 92530
Phone: (951) 955-6747 Phone: (951) 674-3124
Grand Avenue Roadway Improvements
CITY Service Agreement 9
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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: __________
Deputy
APPROVAL BY THE BOARD OF SUPERVISORS
______________________ Dated: __________
PRINTED NAME
Chairman, Riverside County Board of Supervisors
ATTEST:
______________________ Dated: __________
KECIA R HARPER
Clerk of the Board (SEAL)
CITY Approvals
APPROVED BY:
______________________ Dated: _______
PRINTED NAME
CITY Mayor
APPROVED AS TO FORM:
______________________ Dated: _______
PRINTED NAME
CITY Attorney
ATTEST:
________________________ Dated: ______
PRINTED NAME
CITY Clerk
Grand Avenue Roadway Improvements
CITY Service Agreement 10
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EXHIBIT A – VICINITY MAP
C6-0073 Grand Avenue Resurfacing
Grand Avenue Roadway Improvements
CITY Service Agreement 11
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EXHIBIT B – CITY ESTIMATED PROJECT COSTS
TASK TOTAL CITY COSTS
Construction Cost Estimate $444,134.00
Construction contingency (10%) $44,413.00
Construction Engineering & Inspection (15%) $66,620.00
TOTAL PROJECT COST $555,167.00
CITY Deposit to be 100% of Total City Costs