Center Street and Stephens Avenue Roadway Improvements
SERVICE AGREEMENT BY AND BETWEEN
1 COUNTY OF RIVERSIDE
2 AND
3 CITY OF RIVERSIDE
4 FOR
5 CENTER STREET AND STEPHENS AVENUE ROADWAY IMPROVEMENTS 6 7
This Service Agreement for the Center Street and Stephens Avenue Roadway Improvements ("Agreement") is 8 entered into this day of _ 2022, by and between the County of Riverside, a political 9 10 subdivision of the State of California, (hereinafter "COUNTY") and the City of Riverside, a municipal corporation, 11 (hereinafter "CITY") for the Roadway Improvements to Center Street and Stephens Avenue, located within the 12 jurisdictional boundaries of the COUNTY and CITY. The COUNTY and CITY are sometimes hereinafter referred 13 to individually as a "PARTY" and collectively as the "PARTIES". 14 RECITALS
15 A. The COUNTY currently has Roadway Improvements on Center Street and Stephens Avenue. Center Street 16 improvements are from the COUNTY/CITY limit approximately 150 feet westerly of Versailles Place to the 17 westerly side of the bridge for the I-215 Freeway approximately 385 feet easterly of Stephens Avenue; 18 Stephens Avenue improvements are from Center Street to West La Cadena Drive. These Roadway 19 Improvements exclude work outside of the COUNTY's jurisdiction ("COUNTY PROJECT"). 20 B. COUNTY and CITY have mutually agreed that Center Street, a 23 to 64 foot variable width two lane facility 21 from the COUNTY/CITY limit approximately 150 feet westerly of Versailles Place to the westerly side of the 22 bridge for the I-215 Freeway approximately 385 feet easterly of Stephens Avenue, is in need of Roadway Improvements.
24 C. The CITY limit on Center Street is along the centerline of Center Street starting from COUNTY/CITY limit approximately 150 feet westerly of Versailles Place for approximately 622 linear feet to approximately 180 26 feet westerly of Claire Street as shown on "Exhibit A" (Center Street and Stephens Avenue Vicinity / Project 27 Map). All improvements being proposed within CITY limits shall be referred to as "CITY PROJECT." 28 D. The Roadway Improvements on Center Street, from the COUNTY/CITY limit approximately 150 feet 29 westerly of Versailles Place to the westerly side of the bridge for the I-215 Freeway approximately 385 feet County of Riverside and City of Riverside Service Agreement Center Street and Stephens Avenue Roadway Improvements
easterly of Stephens Avenue, and on Stephens Avenue from Center Street to West La Cadena Drive, will 1 consist of removing the existing pavement followed by constructing a new pavement section with Hot Mix 2 Asphalt. Incidental work will include and not be limited to, a safety edge, utility adjustments, construction of 3 asphalt concrete driveway, reconstruction of asphalt concrete dike, reconstruction of concrete curb ramp, 4 reconstruction of concrete cross gutter, reconstruction of concrete spandrel, reconstruction of sidewalk, 5 6 reconstruction of guard rail, modification of traffic signal, replacement of signage, and striping the roadway. 7 E. COUNTY and CITY desire to have one agency take the lead role in the implementation of the Roadway 8 Improvements in an interest to coordinate the improvements located in the two jurisdictions and to reduce 9 overall costs by processing the two separate jurisdictional improvements as one project. 10 F. COUNTY will provide the administrative, technical, managerial, and support services necessary for the 11 implementation of the CITY PROJECT.
G. COUNTY and CITY desire to define herein the terms and conditions under which said CITY PROJECT is to be administered, engineered, coordinated, and constructed. 14 AGREEMENT
15 NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as 16 follows:
17 SECTION 1 • COUNTY AGREES:
18 1. To act as the lead agency on behalf of the CITY for the overall development and implementation of the 19 CITY PROJECT. The COUNTY is providing services on a reimbursable basis as shown on "Exhibit B" and 20 has absolutely no obligation with regard to COUNTY funding for any portion of CITY PROJECT. 21 2. To prepare, or cause to be prepared, detailed Plans, Specifications, and Estimate (PS&E) documents for 22 CITY PROJECT and submit to CITY for review and approval at appropriate stages of development. Final 23 plans for improvements shall be prepared to COUNTY standards, and signed by a Civil Engineer registered 24 in the State of California. Deviations from standards shall be coordinated with and approved by CITY. 25 COUNTY shall not solicit construction bids until CITY has approved the PS&E documents. 26 3. To identify and locate all utility facilities within the limits of the CITY PROJECT as part of its design 27 responsibility. If any existing public and/or private utility facilities conflict with CITY PROJECT construction, 29 COUNTY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal. All utility facilities shall be identified on the plans and specifications, and conflicting County of Riverside and City of Riverside Service Agreement 2 Center Street and Stephens Avenue Roadway Improvements
utilities shall be denoted. COUNTY shall require the utility owner and/or its contractors performing the 1 relocation work within CITY's right of way to obtain a CITY encroachment permit prior to the performance 2 of said relocation work. CITY and COUNTY shall coordinate and cooperate in the effort to establish prior 3 rights related to utility encroachments into each jurisdiction's right-of-way. In the case that any utility 4 companies are determined to have prior rights, the cost of relocating utilities shall be borne by the CITY. 5 6 4. To make written application to CITY for an encroachment permit authorizing entry into CITY's right of way 7 for the purposes of constructing CITY PROJECT.
8 5. To act as the Lead Agency under the California Environmental Quality Act (CEQA) for the CITY PROJECT. 9 6. To advertise, award and administer a public works contract for the construction of the CITY PROJECT in 10 accordance with all applicable federal, state or local statutes, ordinances, orders, governmental 11 requirements, laws or regulations, including but not limited to the local agency public construction codes, 12 California Labor Code, and California Public Contract Code.
7. To furnish a representative to perform the function of Resident Engineer during construction of CITY 14 PROJECT.
15 8. To furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, 16 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 19 PS&E documents.
20 9. To construct the CITY PROJECT in accordance with approved PS&E documents. 21 10. To submit any contract change order that causes the construction contract to exceed 10% of the contract 22 bid amount for CITY PROJECT improvements that are located within the jurisdictional boundaries of the 23 CITY to CITY for review and approval prior to final authorization by COUNTY. 24 11. To furnish CITY one complete set of full-sized film positive reproducible as-built plans and all contract 25 records, including survey documents, within three hundred and sixty-five (365) days following the 26 completion and acceptance of the construction contract. Electronic copies of completed plans will be made 27 available if CITY desires. If electronic copies are provided, they will be provided on CD-R media. 28 29 12. To furnish CITY a final reconciliation of project expenses within ninety (90) days following the completion and acceptance of the construction contract. If final costs associated with the CITY PROJECT are in excess County of Riverside and City of Riverside Service Agreement 3 Center Street and Stephens Avenue Roadway Improvements
of the Deposit provided in Section 2, COUNTY shall include a final bill with the financial reconciliation. If 1 final costs associated with the CITY PROJECT are less than the Deposit provided in Section 2, COUNTY 2 shall include a reimbursement for the difference with the financial reconciliation. 3 SECTION 2 • CITY AGREES:
4 1. To fund one hundred percent (100%) of the cost of the CITY PROJECT. CITY agrees that should 5 unforeseen circumstances arise which result in an increase of any costs over those shown in "Exhibit B", 7 CITY will in good faith amend this Agreement to include any such costs under this Agreement. 8 2. To deposit with COUNTY, within 30 days of executing this Agreement, seventy-six thousand and fifty dollars 9 ($76,050.00) (the "Deposit"), as provided in "Exhibit B", for a grand total of seventy-six thousand and fifty 10 dollars ($76,050.00) to be paid by CITY.
11 3. To issue, at no cost to COUNTY or its contractors, upon proper application by COUNTY or COUNTY's 12 contractor, an encroachment permit authorizing entry onto CITY's right-of-way to perform all surveys and 13 other field activities required for preparation of the PS&E, utility coordination, right of way acquisition, and 14 construction of the CITY PROJECT.
15 4. To provide a representative to coordinate with the COUNTY's Project Manager during the development and 16 the construction of CITY PROJECT, and to verify facilities are constructed as required by this Agreement, 17 if applicable.
18 5. To provide at no cost to the CITY PROJECT, oversight of the CITY PROJECT, to provide prompt reviews 19 and approvals, as appropriate, of submittals by COUNTY, and to cooperate in timely processing of the 20 CITY PROJECT.
21 6. To pay within 45 days of receipt, the invoice for final reconciled costs in excess of the Deposit amount for 22 CITY PROJECT submitted by COUNTY for services rendered in accordance with this Agreement. 23 SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
24 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, 26 seventy-six thousand and fifty dollars ($76,050.00) as detailed in "Exhibit B". 27 28 2. COUNTY shall not be obligated to commence construction of the CITY PROJECT until after receipt of 29 CITY's Deposit as required in Section 2.
3. If upon opening of bids for construction of the CITY PROJECT, the bids indicate a cost overrun of no more County of Riverside and City of Riverside Service Agreement Center Street and Stephens Avenue Roadway Improvements
than ten percent (10%) of the Construction Cost Estimate as described in "Exhibit B", COUNTY may award 1 the contract.
2 4. If upon opening of bids for construction of the CITY PROJECT, it is found that a cost overrun exceeding 3 ten percent (10%) of the Construction Cost Estimate, COUNTY and CITY shall endeavor to agree upon an 4 alternative course of action. If, after thirty (30) calendar days from the date of bid opening, an alternative 5 course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent, 7 with CITY paying for incurred costs as set forth in this Agreement. COUNTY shall reimburse CITY within 8 forty five (45) days of termination any portion of Deposit not spent. 9 5. Construction by COUNTY of improvements referred to herein which lie within CITY rights of way shall not 10 be commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work 11 has been issued by CITY.
6. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the 13 construction contract, a policy of Commercial Liability Insurance, including coverage of Bodily Injury Liability 14 and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of 15 Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall 16 be required which name CITY, its officers, agents and employees, as additionally insured. COUNTY shall 17 also require COUNTY's contractor to maintain Worker's Compensation Insurance. COUNTY shall cause 18 COUNTY's contractor to provide Certificates of Insurance and Additional Insured Endorsements which 19 meet the requirements of this section to CITY prior to the start of construction. 20 7. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will 21 be automatically vested with the jurisdiction in which the improvements reside and no further agreement 22 will be necessary to transfer ownership.
23 8. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT except 24 as specified in this Agreement or future agreements. 25 9. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed 26 by all PARTIES and no oral understanding or agreement not incorporated herein shall be binding on each 27 28 PARTY hereto.
29 10. 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 County of Riverside and City of Riverside Service Agreement 5 Center Street and Stephens Avenue Roadway Improvements
jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code 1 Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury 2 (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under 3 or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 4 11. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring 5 by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction 7 delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code 8 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 10 under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. 11 12. In the event that CITY defaults in the performance of any of its obligations under this Agreement or 12 materially breaches any of the provisions of this Agreement, the COUNTY shall have the option to terminate 13 this Agreement upon 90 days written notice to CITY.
14 13. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or 15 unenforceable, the same shall be deemed severable from the remainder of this Agreement, and the 16 remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any 17 way.
18 14. This Agreement is to be construed in accordance with the laws of the State of California. 19 15. Neither the CITY nor COUNTY shall assign this Agreement without the written consent of the other PARTY. 20 16. Any action at law or in equity brought by any of the PARTIES hereto for the purpose of enforcing a right or 21 rights provided by this Agreement shall be tried in a court of competent jurisdiction in the County of 22 Riverside, State of California, and the PARTIES hereto waive all provisions of law providing for a change 23 of venue in such proceedings to any other county.
24 17. This Agreement is the result of negotiations between the PARTIES hereto, and the advice and assistance 25 of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by CITY 26 or COUNTY shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall 27 not be construed against the PARTY that prepared it in its final form. 28 29 18. 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 County of Riverside and City of Riverside Service Agreement 6 Center Street and Stephens Avenue Roadway Improvements
hereof. Failure on the part of COUNTY or CITY to require from the other PARTY exact, full and complete 1 compliance with any of the provisions of this Agreement shall not be construed as in any manner changing 2 the terms hereof, or stopping COUNTY or CITY from enforcing this Agreement. 3 19. This Agreement and Exhibits A-B herein contain the entire agreement between the PARTIES, and are 4 intended by the PARTIES to completely state the Agreement in full. Any agreement or representation 5 respecting the matters dealt with herein or the duties of any PARTY in relation thereto, not expressly set 6 7 forth in this Agreement, is null and void.
8 20. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third 9 parties not a PARTY to this Agreement or affect the legal liability of any PARTY to the Agreement by 10 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 13 PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the CITY 14 PROJECT.
15 22. All notices, demands, invoices, and other communications required or permitted hereunder shall be in 16 writing and delivered to the following addresses or such other address as the PARTIES may designate:
17 18
COUNTY: CITY:
19 Riverside County Transportation Department City of Riverside 20 Attn: Mark Lancaster Attn: Gilbert Hernandez
21 Director of Transportation City Engineer
22 4080 Lemon Street, 8th Floor 3900 Main Street
23 Riverside, CA 92501 Riverside, CA 92522
24 Phone: (951) 955-6740 Phone: (951) 826-5311
25 26
27 28
29 County of Riverside and City of Riverside Service Agreement Center Street and Stephens Avenue Roadway Improvements
APPROVALS
1 COUNTY Approvals
2 RECOMMENDED FOR APPROVAL: CITY Approvals
3 APPROVED BY:
4 5
Dated:
6 7 MARK LANCASTER Dated:
8 Director of Transportation Al Zelinka
PRINTED NAME
9 CITY Manager
10 APPROVED AS TO FORM:
11 GREGORY P. PRIAMOS, COUNTY COUNSEL
12 APPROVED AS TO FORM:
13 14 By Dated: - Date: 4/6/22
15 Deputy Ruthann M. Sallra
PRINTED NAME
16 Deputy CITY Attorney
17 APPROVAL BY THE BOARD OF SUPERVISORS
18 ATTEST:
19 20
Dated:
21 Dated:
22 PRINTED NAME
Chair, Riverside County Board of Supervisors
23 PRINTED NAME
24 ATTEST: Certified as to Availability of Funds:
25 26
27 _Dated: 329/2002
Dated:
28 KECIA R. HARPER Edward EnRiquor
29 PRINTED NAME
Clerk of the Board (SEAL) Chief Financial Officer
County of Riverside and City of Riverside Service Agreement 8 Center Street and Stephens Avenue Roadway Improvements
EXHIBIT A - CENTER STREET AND STEPHENS AVENUE VICINITY / PROJECT MAP 1 4
CENTER ST.
5 HIGHGROVEPL
6 -KLUKEN
7 City Project County Project Project Limit 385 pet east of Stephens Avenue 8 9 Sten
10 •NOSS SIZ0
11 COUNTY OF RIVERSIDE
12 13
CENTER ST
14 15
DEBBIELN Project Limit West La Cadena Drive
BBIE
16 County / City Boundary VOLA DR
17 County / City Boundary SAN REMO WAY
18 19
20 21
22 CITY OF RIVERSIDE
23 RIVERSIDE
24 Boundary 150 feet west of Versailles
25 Project Limit
County/City CANNES AVE
Place
26 27
28 Center Street and Stephens Avenue Resurfacing
29 C1-0505
County of Riverside and City of Riverside Service Agreement Center Street and Stephens Avenue Roadway Improvements
EXHIBIT B - ESTIMATED CITY PROJECT COSTS
1 2 TASK TOTAL
CITY COSTS
3 Construction Cost Estimate $58,500.00
4 5
Construction contingency (10%) $5,850.00
6 7 Construction Engineering & Inspection (15%) $8,775.00 8 Environmental, Design, and Administration $2,925.00
9 10 TOTAL PROJECT COST $76,050.00
11 12 City of Riverside will pay full amount in 1 fiscal year Year 1 (FY 21/22): $76,050.00 (Deposit)
13 14
15 16
17 18
19 20
22 23
24 25
26 27
28 29
County of Riverside and City of Riverside Service Agreement 10