HomeMy WebLinkAboutEVMWD City of LE Cooperative Funding Agreement Peck Chestnut Sewer Repl Fully Executed 6-1-21 i
COOPERATIVE FUNDING AGREEMENT
PECK AND CHESTNUT SEWER REPLACEMENT
This Cooperative Funding Agreement ("Agreement") is made on this_.- day of June 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, 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 existing sewer lines along Peck and Chestnut Street,within CITY's right-
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, the CITY and EVMWD determined that it is more economical to have EVMWD
complete the Street Improvement 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 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
DocuSign Envelope ID:658ACOD9-10AO-41B1-A1A1-64FFD3EC859B
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.
DocuSign Envelope ID:658ACOD9-10AO-41B1-A1A1-64FFD3EC859B
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 thejob 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.
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.
DocuSign Envelope ID:658ACOD9-1OAO-4161-Al A1-64FFD3EC859B
SECTION III
CITY shall:
1. Inspect 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
DocuSign Envelope ID:658ACOD9-10AO-41B1-A1A1-64FFD3EC859B
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 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.
DocuSign Envelope ID:658ACOD9-10AO-41B1-A1A1-64FFD3EC859B
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
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,
a bove,
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 anyway.
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
DocuSign Envelope ID:658ACOD9-10AO-4181-A1A1-64FFD3EC859B
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 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.
DocuSign Envelope ID:658ACOD9-10AO-41 B1-A1 A1-64FFD3EC859B
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 Agreement 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]
DocuSign Envelope ID:658ACOD9-10AO-41B1-A1A1-64FFD3EC859B
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates) set
forth below.
SIGNATURE PAGE TO
COOPERATIVE FUNDING AGREEMENT
PECK AND CHESTNUT SEWER REPLACEMENT
CITY OF LAKE ELSINORE
By f�OncuSfpned py: AncuSigned by:
.�aSbin. �Iwt�s6lti — Byrb" f• t'
iF551 FS3E6F�417. ,C-7 1 •.F
088 u OA F07 ❑..
Jason Simpson Robert E. Magee
City Manager Mayor
Date:
5/27/2021 1 7:43 PM PDT Date: 6/1/2021 1 8:06 AM PDT
APPROVED AS TO FORM: ATTEST:
Oocu Sldnnd Icy:� Omvftned by:
By 5/27/2021 1 7:1g PM1 6/1/2021 1 8:12 AM PDT
- AS98ti49095AF18C: -- Y E41814974BC400
City Attorney City Clem
ELSINORE VALLEY MUNI IPAL WATER DISTRICT
-
Greg Thomas
General Manager
Date:
ATTEST:
Byl
District Secretary
DocuSign Envelope ID:658ACOD9-10AO-41 B1-A1 A1-64FFD3EC859B
EXHIBIT A
PECK & CHESTNUT STREET IMPROVEMENT PROJECT
[See Attached]
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DocuSign Envelope ID:658ACOD9-10AO-41B1-A1A1-64FFD3EC859B
EXHIBIT B
COMBINED PERCENT SHARE
[See Attached]
DocuSign Envelope ID:658ACOD9-10AO-41B1-A1A1-64FFD3EC859B
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%
4"ASPHALT CONCRETE OVER 95%Compacted
6 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%
�4" PCC SIDEWALK PER CITY OF LAKE ELSINORE STD
9 NO. 210 SF 260 0% 100%
10 HMA DIKE PER CALTRANS STD A87A,TYPE E LF 1,166 0% 100%
REMOVE AND RECONSTRUCT RESIDENTIAL
DRIVEWAY PER
11 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%
CROSS GUTTER AND SPANDREL PER RIVERSIDE
COUNTY STD 209 W
14 =6' SF 1,540 0% 100%
15 6"TO 5" CURB&GUTTER TRANSITION LF 100 0% 100%
CURB&GUTTER TO TRAVERSIBLE DIKE
16 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%
REMOVAL AND DISPOSE CURB, MINOR WALLS,
21 ISHRUBS, ETC. LS 1 0% 100%
22 4" PLAIN CEMENT CONCRETE SF 1,008 100% 0%
SCARIFY 6",REGRADE &COMPACT NATIVE SOIL TO
23 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%