3525 14thSt., · Riverside, CA 92501 · (951) 955-6800P.O. Box 1090 · Riverside, CA 92502-1090 · FAX (951) 955-3164 COUNTY OF RIVERSIDETRANSPORTATION ANDLAND MANAGEMENT AGENCYTransportation DepartmentJuly 13, 2023City of Riverside Public Works DepartmentAttn: David Hatch3901 Orange StreetRiverside, CA 92501 Re: Letter Agreement, Adjustment of Conflicting Utility FacilitiesCity of Riverside Public Works ProjectSycamore Canyon Boulevard ResurfacingProject No. D1-0058Dear Mr. Hatch: This letter describes the terms of agreement between the County of Riverside (hereinafter “County”) and City of Riverside Public Works Department, CRPWD, (hereinafter “Owner”) for work to be done as part of the above referenced project.The County of Riverside Transportation Department is proposing resurfacing approximately 0.63 mile of existing asphalt concrete (AC) pavement of Sycamore Canyon Boulevard from Central Avenue to College Boulevard located in the Community of University City of Riverside County. The project will consist of two treatment types; the first treatment consists of removing the existing asphalt concrete pavement and underlying material and placing back Rubberized Hot Mix Asphalt (RHMA) over Hot Mix Asphalt (HMA) pavement. The second treatment will require cold planning of existing asphalt concrete pavement and overlaying back with RHMA.County and Owner agree that, if Owner approves the award of the Work to the lowest responsible bidder for the County’s public works project, the Work shall be performed and financed as described herein. Owner agrees that, if award of the Work is not authorized, Owner shall have a complete relocation/adjustment plan and be ready to perform the Work with its own or contracted forces immediately as such not to cause any delay to the County’s public works project and this agreement shall be considered null and void.
Mark LancasterDirector of TransportationMojahed Salama, P.E.Deputy for Transportation/Capital ProjectsRussell WilliamsDeputy for Transportation/Planning and Development 3525 14thSt., · Riverside, CA 92501 · (951) 955-6800P.O. Box 1090 · Riverside, CA 92502-1090 · FAX (951) 955-3164 Letter Agreement, Adjustment of Conflicting Utility FacilitiesCity of Riverside Public Works ProjectSycamore Canyon Boulevard ResurfacingProject No. D1-0058July 13, 2023Page 2 of 2____________________________________________________________________________The following documents are attached and made part of this letter agreement: Exhibit “A” Description of the Work, including an estimate of costs, consisting of two (2) pages, and Exhibit “B” Additional Terms, consisting of two (2) pages. Subsequent to the opening of bids, Exhibit “C” shall be created by County of Riverside Transportation Department to document the pricesas bid by the low bidder in the same format as the sample attached hereto. County and Owner agree that the designated staff by the County and Owner are authorized to execute and add Exhibit “C” to each duplicate original agreement. However, if the total estimated cost to owner under Exhibit “C” exceeds the total cost to owner under Exhibit “A” by more than 25%, Exhibit “C” shall be executed by the signatories to this letter agreement.Please sign below as accepted by Owner and return original to Emmanuel Raya Cruz of the Transportation Department, who shall be the primary contact regarding this matter, and who may be reached at (951) 955-8571. Sincerely,By: ________________________________ Dated: _______________SignatureName: Mojahed Salama______________(Print)Title: Deputy Director of TransportationAgreed to by Owner:By: ________________________________ Dated: _______________SignatureName: ______________________________(Print)Title: _______________________________
EXHIBIT “A”This Exhibit is made part of the letter agreement dated March 30, 2023 between the Countyof Riverside “County” and City of Riverside Public (“Owner”)related to the County’s public works project described as Sycamore Canyon Boulevard Resurfacing, hereinafter “Project”.DESCRIPTION OF WORK TO BE DONE FOR OWNERPursuant to a public works contract between the County and its Contractor, the County shall have its Contractor accomplish the following work (“the Work”):ESTIMATED QUANTITIESITEM OF WORK AND UNIT COST1. Adjust Manhole (RP) Within County Limits 7 Each at $ 1,000.00 = $ 7,000.00Total = $ 7,000.00DESCRIPTION OF OWNER’S RESPONSIBILITIES:The Owner shall furnish the County with plans, specifications, standards, estimates of quantities and costs, and shall provide other engineering support and documents as necessary for the County to include the Work in County’s bid documents. Owner shall comply with the terms of this agreement and cooperate with County personnel as required to implement the Work.ESTIMATED COST TO OWNERThe Work, as estimated: $ 7,000.00Administrative Costs (15%): $ 1,050.00Contingency (10%): $ 700.00Total: $ 8,750.00Administrative costs of 15% shall include costs for coordination, insertion of Owner’s prepared plans, specifications and standards in County bid documents, bidding, preparation of contracts, administration of contract, and other tasks associated with the administration of the Work. County and Owner agree that administrative cost, as set forth herein, shall be adjusted to reflect Final amount billed and that an actual accounting of the costs would be adjusted.County and Owner further agree that administrative costs of (15%) do not include negotiations for contract change orders and claims resolution, which costs shall be borne separately by Owner.
PAYMENT TERMSCounty and Owner agree that the costs described in this Exhibit “A” are estimates. Upon opening of bids, Owner shall advise County in writing if it chooses to approve the award of the Work as bid by the low responsible bidder. No financial obligation of Owner under this agreement is intended or implied until receipt of said final approval of award notice.Subsequent to opening of bids, prices for work to be performed on behalf of Owner as bid by the County’s successful contractor will be summarized by County in a document to be designated as Exhibit “C”, which shall list the costs in the same format as provided in the attached sample Exhibit “C”.Owner shall deposit 100% of the total amount under “Cost to Owner” as stated in Exhibit “C”within 45 days of the opening of bids. Upon completion of the Work, County shall calculate all final costs incurred to the project and shall submit to Owner a final statement of costs, which statement shall set forth the total amount of funds due to County or to Owner. Final payment to County or reimbursement to Owner, as appropriate, shall be made within 60 calendar days of date of final statement.
EXHIBIT “B”This Exhibit is made part of the letter agreement dated March 30, 2023 between the Countyof Riverside “County” and City of Riverside Public ,RP, (“Owner”) related to the County’s public works project described as Sycamore Canyon Boulevard Resurfacing, hereinafter “Project”.This exhibit describes additional terms which apply to the Work.The letter agreement (including the exhibits) states that all of the obligations between County and Owner related to the Work, supersedes any prior agreements or understandings pertaining to the Work.County will administer the Work pursuant to the terms of this letter agreement and the public works contract between County and its Contractor. County will provide overall project construction management. Owner shall provide oversight, inspection and acceptance for all construction activities related to the Work on the Owner’s facilities.The Work will be done by the County’s Contractor in accordance with the standards and specifications provided by the Owner.Owner will fully and promptly cooperate with County and Contractor on all matters related to the Work. If Owner does not fulfill its obligations related to the Work, then Owner may become obligated to the County or Contractor for any incurred additional costs. Owner shall inspect work performed by the County’s Contractor but shall not direct the work of the County’s Contractor. All direction to the County’s Contractor shall be made through and by the County’s Construction Inspector.Except for minor quantity adjustments and work that is urgently needed for the protection of life or property, any changes to the Work shall be agreed upon in writing by County and Owner.County shall require County’s Contractor to name Owner as additionally insured with respect to Contractor’s general liability insurance policy. County’s standard general liability coverage limits shall apply to work on Owner’s facilities.This letter agreement does not in any way effect Owner’s ownership of the facilities involved in the Work; and ownership of these facilities and the Work shall remain with and be with the Owner. This letter agreement does not in any way modify or alter the terms of any other agreements (including but not limited to any encroachment permits or franchise agreements) between County and Owner; and it does not in any way modify or alter any other obligations or responsibilities of County or Owner. This letter agreement shall not in any way relieve the Owner from its obligations or responsibilities to maintain or repair its facilities (including but not limited to the Work).
Owner shall hold the County (including its officers, employees, agents and contractors) free and harmless from any liability, damage, claim or action, including wrongful death, based or asserted upon any act or omission of Owner (including its officers, employees, agents and contractors) related to or in any way connected with the Work or Owner’s facilities.County shall not be responsible for the work of Contractor. County does not in any way warranty or guarantee the work of Contractor.
EXHIBIT “C” This Exhibit is made part of the letter agreement dated May 26, 2023 between the County of Riverside “County” and City of Riverside Public Works Department, CRPWD, (“Owner”) related to the County’s public works project described as Sycamore Canyon Boulevard Resurfacing, hereinafter “Project”.DESCRIPTION OF WORK TO BE DONE FOR OWNERThe total estimated cost to the Owner is summarized herein, utilizing prices as bid by the apparent low bidder on County’s public works contract.Pursuant to a public works contract between the County and its Contractor, the County shall have its Contractor accomplish the following work (“the Work”):QUANTITIESITEM OF WORK AND UNIT COST1. Adjust Manhole (CRPWD) Within County Limits 7 Each at $ 2,100.00 = $ 14,700.00Total = $ 14,700.00DESCRIPTION OF OWNER’S RESPONSIBILITIES:The Owner shall furnish the County with plans, specifications, standards, estimates of quantities and costs, and shall provide other engineering support and documents as necessary for the County to include the Work in County’s bid documents. Owner shall comply with the terms of this agreement and cooperate with County personnel as required to implement the Work.COST TO OWNERThe Work, to be performed: $ 14,700.00Administrative Costs (15%): $ 2,205.00Contingency (10%): $ 1,470.00Final Total: $ 18,375.00County Approval: Owner Approval:___________________________________ _______________________Mojahed Salama (Signature) Deputy Director of Transportation _______________________(Name)_______________________(Title) Date: Date: ___________________