Brae Burn Drive Pavement Overlay Improvement
SERVICE AGREEMENT BY AND BETWEEN
2 CITY OF CORONA
3 AND
4 COUNTY OF RIVERSIDE
5 FOR
BRAE BURN DRIVE PAVEMENT OVERLAY IMPROVEMENT
7 8 This Agreement is entered into this _day of_embe 2023, by and between the City of Corona, a municipal corporation, (hereinafter "CITY") and the County of Riverside, a political subdivision of the State of 10 California, on behalf of its Transportation Department (hereinafter "COUNTY") for pavement overlay improvement 11 located within the jurisdictional boundaries of COUNTY. The CITY and COUNTY are sometimes hereinafter referred 12 to individually as a "PARTY" and collectively as the "PARTIES".
RECITALS
14 A. WHEREAS, COUNTY has determined the need to overlay the existing asphalt surface on Brae Burn Drive 15 from Paseo Grande to 60' southeast of Oakland Hills Drive for approximately 560 feet in the Corona area 16 of Riverside County (hereinafter "COUNTY PROJECT").
17 B. WHEREAS, COUNTY has determined that it requires construction services to overlay Brae Burn Drive as 18 shown in Exhibit A and that the pavement rehabilitation consists of a 2-inch grind of the existing asphalt 19 concrete pavement and overlay with hot mix asphalt.
20 C. WHEREAS, CITY is fully qualified to administer the work that includes asphalt grinding and repaving, traffic 21 control and replacement of any pavement marking including cross walk. 22 D. WHEREAS, CITY has an emergency potable water main project to replace a 6-inch Asbestos Cement Pipe 23 on Cypress Point Drive, Oakland Hills Drive and a portion of Brae Burn Drive as shown in Exhibit A. With 24 the completion of the water main replacement, the CITY will restore the asphalt concrete pavement on the 25 aforementioned streets in accordance with the COUNTY standards (hereinafter "EMERGENCY WORK"). 26 E. WHEREAS, COUNTY will benefit from the cost savings associated with a larger improvement project, and 27 COUNTY desires to work with the CITY to construct the COUNTY PROJECT together with the 28 29
City of Corona & County of Riverside Service Agreement
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Brae Burn Drive Pavement Overlay Improvement
1 EMERGENCY WORK since CITY has extensive experience in the development and implementation of 2 similar type projects.
3 F. WHEREAS, CITY will therefore provide the administrative, technical, managerial, and support services 4 necessary for the implementation of the COUNTY PROJECT as part of the EMERGENCY WORK. 5 G. WHEREAS, CITY and COUNTY desire to define herein the terms and conditions under which said 6 COUNTY PROJECT is to be administered, engineered, coordinated, and constructed. 7 AGREEMENT
8 NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as 9 follows:
10 SECTION 1 • CITY AGREES THAT IT WILL OR HAS:
1. Acted as the lead agency on behalf of the COUNTY for the overall implementation of the COUNTY 12 PROJECT. The CITY is providing services on a reimbursable basis and has no obligation to fund any 13 portion of the COUNTY PROJECT. Nothing in this Agreement is intended to commit the CITY to provide 14 replacement funding for or to continue with the COUNTY PROJECT, if funds are not available. 15 2. Furnished COUNTY with Plans, Specifications & Estimate (PS&E) documents for the COUNTY PROJECT. 16 Final plans for improvements are prepared to COUNTY standards, and signed by a Civil Engineer 17 registered in the State of California. Deviations from standards shall be coordinated with and approved by 18 COUNTY.
19 3. Acted as the Lead Agency under the California Environmental Quality Act (CEQA) for the EMERGENCY 20 WORK and the COUNTY PROJECT.
21 4. Directed CITY's contractor to identify any existing surface utility facilities within the limits of the COUNTY 22 PROJECT and to protect the facilities as detailed in the Special Provisions of the PS&E. 23 5. Directed CITY's contractor to make written application to COUNTY for an encroachment permit authorizing 24 entry into COUNTY right of way for the purposes of constructing the EMERGENCY WORK and COUNTY PROJECT.
26 6. Advertised, awarded, and administered a public works contract for the construction of the EMERGENCY 27 WORK and the COUNTY PROJECT in accordance with all applicable federal, state or local statutes, 28 29
City of Corona & County of Riverside Service Agreement
Brae Burn Drive Pavement Overlay Improvement
1 ordinances, orders, govermental requirements, laws or regulations, including but not limited to the local 2 agency public construction codes, California Labor Code, and California Public Contract Code, and in 3 accordance with the encroachment permits issued by COUNTY. 4 7. Caused CITY's contractor to maintain in force, until completion and acceptance of the COUNTY PROJECT, 5 a policy of Commercial Liability Insurance, including coverage of Bodily Injury Liability and Property 6 Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile 7 Liability Insurance in the amount of $1,000,000 minimum. CITY also required CITY's contractor to maintain 8 Worker's Compensation Insurance.
9 8. Constructed the COUNTY PROJECT in accordance with approved PS&E documents and COUNTY 10 Standards.
9. Furnish COUNTY a final reconciliation of the COUNTY PROJECT expenses within ninety (90) days 12 following the completion and acceptance of the EMERGENCY WORK and COUNTY PROJECT. 13 10. Provide COUNTY one complete set of reproducible as-built plans and all contract documents including 14 calculations, estimates, and other documents produced as part of this contract within ninety (90) days after 15 completion and acceptance of the COUNTY PROJECT.
16 SECTION 2 • COUNTY AGREES THAT IT WILL OR HAS:
17 1. Fund one hundred percent (100%) of the cost of the COUNTY PROJECT, as shown in Exhibit "B". 18 2. Issued, at no cost to CITY or its contractor, upon proper application by CITY or CITY's contractor, an 19 encroachment permit authorizing entry onto COUNTY right-of-way to complete construction, including 20 traffic control, construction survey, inspection and materials testing for the EMERGENCY WORK and 21 COUNTY PROJECT.
22 3. Provided at no cost to the CITY, oversight of the COUNTY PROJECT, to provide prompt reviews and 23 approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of the COUNTY 24 PROJECT.
25 4. Provided at no cost to CITY, a representative to coordinate and assist the CITY Resident Engineer during 26 the construction of the COUNTY PROJECT and to verify facilities are constructed as required by this 27 Agreement.
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City of Corona & County of Riverside Service Agreement
Brae Burn Drive Pavement Overlay Improvement
1 SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
2 1. CITY and COUNTY acknowledge and agree that any funding shortfall for the completion of the COUNTY 3 PROJECT will be the sole responsibility of COUNTY. Nothing in this Agreement is intended to commit the 4 CITY to funding any portion of COUNTY PROJECT, or shall be construed as obligating the CITY to provide 5 replacement funding for any anticipated funding or to continue with the COUNTY PROJECT, if funds are 6 no longer available. In the event that adequate funds are not available to move forward or to complete 7 COUNTY PROJECT, PARTIES agree to meet and confer and collectively work to identify adequate funding 8 for COUNTY PROJECT.
9 2. The total cost to COUNTY to complete construction, including asphalt grinding and repaving and 10 replacement of pavement marking and crosswalk for COUNTY PROJECT is estimated to be Thirty-Two 11 Thousand Six Hundred Thirty-Two dollars and Sixty Cents ($32,632.60) as detailed in Exhibit "B". 12 3. Construction by CITY of improvements for COUNTY PROJECT shall not be commenced until an 13 Encroachment Permit to CITY, or CITY's contractor, authorizing such work has been issued by COUNTY. 14 4. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will 15 be automatically vested with the jurisdiction in which the improvements reside and no further agreement 16 will be necessary to transfer ownership.
17 5. COUNTY shall be responsible for the maintenance of the improvements provided by COUNTY PROJECT 18 except as specified in this Agreement or future agreements. 19 6. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed 20 by all PARTIES and no oral understanding or agreement not incorporated herein shall be binding on each 21 PARTY hereto.
22 7. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring 23 by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction 24 delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code 25 Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury 26 (as defined by Government Code Section 810.8) occurring by reason of any act or omission of COUNTY 27 under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. 28 29
City of Corona & County of Riverside Service Agreement
Brae Burn Drive Pavement Overlay Improvement
1 8. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability 2 occurring by reason of any act or omission of CITY under or in connection with any work, authority or 3 jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code 4 Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury 5 (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under 6 or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 7 9. In the event that either PARTY defaults in the performance of any of its obligations under this Agreement 8 or materially breaches any of the provisions of this Agreement, the non-breaching PARTY shall have the option to terminate this Agreement upon ninety (90) days written notice to the breaching PARTY. 10 10. COUNTY and CITY shall retain or cause to be retained for audit, all records and accounts relating to 11 EMERGENCY WORK and COUNTY PROJECT for a minimum period of three (3) years from the date of 12 Notice of Completion of the EMERGENCY WORK and COUNTY PROJECT. 13 11. This Agreement may be executed in any number of counterparts, each of which will be an original, but all 14 of which together will constitute one instrument. Each PARTY to this Agreement agrees to the use of 15 electronic signatures, such as digital signatures that meet the requirements of the California Uniform 16 Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The PARTIES further agree that the electronic signatures of the PARTIES included in this 18 Agreement are intended to authenticate this writing and to have the same force and effect as manual 19 signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically 20 associated with an electronic record and executed or adopted by a person with the intent to sign the 21 electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an 22 electronic signature for transactions and contracts among parties in California, including a government 23 agency. Digital signature means an electronic identifier, created by computer, intended by the PARTY using 24 it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon 25 by the PARTIES. For purposes of this section, a digital signature is a type of "electronic signature" as 26 defined in subdivision (i) of Section 1633.2 of the Civil Code. 27 12. All notices, demands, invoices, and other communications required or permitted hereunder shall be in 28 29
City of Corona & County of Riverside Service Agreement
Brae Burn Drive Pavement Overlay Improvement
1 writing and delivered to the following addresses or such other address as the PARTIES may designate:
2 CITY: COUNTY:
3 City of Corona Riverside County Transportation Department 4 Attn: Jacob Ellis Attn: Mark Lancaster
5 City Manager Director of Transportation
6 400 S Vicentia Avenue 4080 Lemon Street, 8th Floor
Corona, CA 92882 Riverside, CA 92501
8 Phone: (951) 279-3670 Phone: (951) 955-6740
9 [Signature Page Follows]
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City of Corona & County of Riverside Service Agreement
Brae Burn Drive Pavement Overlay Improvement
1 APPROVALS
2 CITY OF CORONA Approvals COUNTY Approvals
3 APPROVED BY: RECOMMENDED FOR APPROVAL:
4 5
7 MARK LANCASTER atricia Rome
PRINTED NAME
City Manager Inter. n
8 irector or transportatio
9 10 APPROVED AS TO FORM: APPROVED AS TO FORM:
COUNTY COUNSEL
12 13
14 15 PRINTED NAME
DANIELLE MALAND
City Attorney
16 Deputy County Counsel
17 18 ATTEST:
APPROVAL BY THE BOARD OF SUPERVISORS
19 20
KEVIN JEFFRIES
21 PRINTED NAME
PRINTED NAME
22 City Clerk Chair, Riverside County Board of Supervisors 23 24 ATTEST
25 26 Buasile
27 KIMBERLY A. RECTOR
28 Clerk of the Board (SEAL)
29 City of Corona & County of Riverside Service Agreement DEC 1 2 2023 3.45
Brae Burn Drive Pavement Overlay Improvement
EXHIBIT A
VICINITY/ PROJECT MAP
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LEGEND:
17 Denotes the segment of Brae Burn Drive that will receive a 2-inch grind and overlay treatment. This road segment is approximately 560' long and 33' wide and it is a County- 18 maintained road.
19 Denotes Cypress Point Drive, Oakland Hills Drive and a short segment of Brae Burn Drive that will be repaved by the City of Corona as a result of the City's water main replacement 20 project and as a condition for road restoration issued by the County's Encroachment Permits Section. These 3 road segments are County-maintained roads 21 23
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City of Corona & County of Riverside Service Agreement
Brae Burn Drive Pavement Overlay Improvement
1 EXHIBIT B
2 COUNTY PROJECT BUDGET
3 4 TASK COSTS
5 Construction (asphalt grinding & repaving) $ 29,937.60 6 Pavement marking & cross walk $ 2,695.00
8 TOTAL COST $ 32,632.60
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City of Corona & County of Riverside Service Agreement