Alexander St. and Barton St. Slurry Seal Improvements
1 SERVICE AGREEMENT BY AND BETWEEN
2 COUNTY OF RIVERSIDE
3 AND
4 CITY OF RIVERSIDE
5 FOR
ALEXANDER ST. AND BARTON ST. SLURRY SEAL IMPROVEMENTS
7 8 This Agreement is entered into this _ day of _ 20_ by and between the County 9 of Riverside, a political subdivision of the State of California, on behalf of its Transportation Department (hereinafter 10 "COUNTY") and the City of Riverside, a municipal corporation, (hereinafter "CITY") for slurry seal improvements 11 located within the jurisdictional boundaries of CITY. The COUNTY and CITY are sometimes hereinafter referred to 12 individually as a "PARTY" and collectively as the "PARTIES". 13 RECITALS
14 A. WHEREAS, CITY has determined to seal the existing asphalt surface on Alexander St. and Barton St., 15 which consists of the following segments: segment 1 is Alexander St. from Avenida Hacienda to Alessandro 16 Blvd (approximately 302 linear feet by 20 feet wide), segment 2 is Barton St. from 879' N of Camino Del 17 Sol to Camino Del Sol. (approximately 879 linear feet by 18 feet wide), in the Riverside area of Riverside 18 County ( hereinafter "CITY PROJECT").
19 B. WHEREAS, CITY has determined that it requires construction services to place the slurry seal on Alexander 20 St. and Barton St. as shown in Exhibit A and that a slurry seal will be applied that consists of the application 21 of a mixture of water, asphalt emulsion, aggregate, and chemical additives to an existing asphalt concrete 22 pavement surface.
23 C. WHEREAS, COUNTY is fully qualified to administer the work that includes traffic control, rout and seal 24 random cracks, replacement of any pavement markings, including cross walks, striping and raised 25 pavement markers.
26 D. WHEREAS, COUNTY has slurry seal improvement projects within the jurisdictional boundaries of 27 COUNTY, which slurry seal improvement projects are sometimes hereinafter referred to collectively as 28 29
County of Riverside & City of Riverside Service Agreement Alexander St. and Barton St. Slurry Seal Improvements
1 "COUNTY PROJECT".
2 E. WHEREAS, CITY will benefit from the cost savings associated with a larger improvement project, and CITY 3 desires to work with the COUNTY to construct the CITY PROJECT, together with the COUNTY PROJECT 4 since COUNTY has extensive experience in the development and implementation of similar type projects. 5 F. WHEREAS, COUNTY will therefore provide the administrative, technical, managerial, and support services 6 necessary for the implementation of the CITY PROJECT as part of the COUNTY PROJECT.
G. WHEREAS, COUNTY and CITY desire to define herein the terms and conditions under which said CITY 8 PROJECT is to be administered, engineered, coordinated, and constructed. 9 AGREEMENT
10 NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as 11 follows:
12 SECTION 1 • COUNTY AGREES to:
13 1. Act as the lead agency on behalf of the CITY for the overall implementation of the CITY PROJECT. The 14 COUNTY is providing services on a reimbursable basis and has no obligation to fund any portion of the 15 CITY PROJECT. Nothing in this Agreement is intended to commit the COUNTY to provide replacement 16 funding for or to continue with the CITY PROJECT, if funds are not available. 17 2. Furnish CITY with detailed Plans, Specifications & Estimate (PS&E) documents for the CITY PROJECT. 18 Final plans for improvements are prepared to COUNTY standards and signed by a Civil Engineer registered 19 in the State of California. Deviations from standards shall be coordinated with and approved by CITY. 20 COUNTY shall not begin construction within CITY until CITY has approved the CITY PROJECT portion of 21 the PS&E documents, which approval shall not be unreasonably withheld. 22 3. Direct COUNTY's contractor to identify any existing surface utility facilities within the limits of the CITY 23 PROJECT and to protect the facilities as detailed in the Special Provisions of the PS&E 24 4. Direct COUNTY's contractor to make written application to CITY for an encroachment permit authorizing 25 entry into CITY right of way for the purposes of constructing COUNTY PROJECT and CITY PROJECT. 26 5. Advertise, award, and administer a public works contract for the construction of the COUNTY PROJECT 27 and the CITY PROJECT in accordance with all applicable federal, state or local statutes, ordinances, 28 29
County of Riverside & City of Riverside Service Agreement Alexander St. and Barton St. Slurry Seal Improvements
1 orders, governmental requirements, laws or regulations, including but not limited to the local agency public 2 construction codes, California Labor Code, and California Public Contract Code, and in accordance with 3 the encroachment permits issued by CITY.
4 6. Furnish a representative to perform the function of Resident Engineer during construction of CITY 5 PROJECT.
6 7. Furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, 7 soils and compaction tests, measurement and computation of quantities, testing of construction materials, 8 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 10 PS&E documents.
11 8. Construct the CITY PROJECT in accordance with approved PS&E documents. 12 9. Submit any contract change order that causes the construction contract to exceed 10% of the contract bid 13 amount for CITY PROJECT improvements to CITY for review and approval prior to final authorization by 14 COUNTY. If any contract change order causes the construction contract to change by less than 10% of 15 the bid amount for CITY PROJECT, COUNTY is authorized by CITY's approval of this Agreement to move 16 forward with such change.
17 10. Furnish CITY a final reconciliation of CITY PROJECT expenses within ninety (90) days following the 18 completion and acceptance of the COUNTY PROJECT and CITY PROJECT construction contract. If final 19 costs associated with the CITY PROJECT are in excess of the Deposit provided in Section 2, COUNTY 20 shall include a final bill with the financial reconciliation. If final costs associated with the CITY PROJECT 21 are less than the Deposit provided in Section 2, COUNTY shall include a reimbursement for the difference 22 with the financial reconciliation.
23 11. Provide CITY one complete set of reproducible as-built plans and all contract documents including 24 calculations, estimates, and other documents produced as part of this contract within ninety (90) days after 25 completion and acceptance of the CITY PROJECT.
26 SECTION 2 • CITY AGREES to:
27 1. Fund one hundred percent (100%) of the cost of the CITY PROJECT, as shown in Exhibit 'B". CITY agrees 28 29
County of Riverside & City of Riverside Service Agreement Alexander St. and Barton St. Slurry Seal Improvements
1 that should unforeseen circumstances arise which result in an increase of any costs over those shown in 2 Exhibit "B", CITY will pay such costs pursuant to Subsection 9 and Subsection 10 of Section 1. 3 2. Deposit with COUNTY, prior to COUNTY start of work and upon written request by COUNTY, Fifteen 4 Thousand Nine Hundred Sixty Eight Dollars and Zero Cents ($15,968.00) (the "Deposit"), which represents 5 one hundred percent (100%) of the estimated costs to complete construction including construction 6 administration, inspection and materials testing and contingency for CITY PROJECT, as provided in Exhibit 7 "B".
8 3. Prepare and approve CEQA clearance for the CITY PROJECT. 9 4. Issue, at no cost to COUNTY or its contractor, upon proper application by COUNTY or COUNTY's 10 contractor, an encroachment permit authorizing entry onto CITY right-of-way to complete construction, 11 including traffic control, construction survey, inspection and materials testing for the COUNTY PROJECT 12 and CITY PROJECT.
13 5. Provide at no cost to the COUNTY, oversight of the CITY PROJECT, to provide prompt reviews and 14 approvals, as appropriate, of submittals by COUNTY, and to cooperate in timely processing of the CITY 15 PROJECT.
16 6. Provide at no cost to COUNTY, a representative to coordinate and assist the COUNTY Resident Engineer 17 during the construction of the CITY PROJECT and to verify facilities are constructed as required by this 18 Agreement.
19 7. Pay COUNTY for any final costs associated with the CITY PROJECT that are in excess of the Deposit as 20 determined pursuant to Subsection 10 of Section 1.
21 SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
22 1. If upon opening of bids for construction of the CITY PROJECT the bids indicate a cost overrun of no more 23 than ten percent (10%) of the construction cost estimate will occur, as described in Exhibit "B", COUNTY 24 may award the contract.
25 2. If upon opening of bids it is found that a cost overrun exceeding ten percent (10%) of the construction cost 26 estimate will occur, COUNTY and CITY shall endeavor to agree upon an alternative course of action. If, 27 after fourteen (14) calendar days from the date of bid opening, an alternative course of action is not agreed 28 29
County of Riverside & City of Riverside Service Agreement 4 Alexander St. and Barton St. Slurry Seal Improvements
1 upon, this Agreement shall be deemed to be terminated by mutual consent. COUNTY shall reimburse CITY 2 with any unspent portion of the Deposit within forty-five (45) days of termination. 3 3. COUNTY and CITY acknowledge and agree that any funding shortfall for the completion of the CITY 4 PROJECT will be the sole responsibility of CITY. Nothing in this Agreement is intended to commit the 5 COUNTY to funding any portion of CITY PROJECT or shall be construed as obligating the COUNTY to 6 provide replacement funding for any anticipated funding or to continue with the CITY PROJECT, if funds 7 are no longer available. In the event that adequate funds are not available to move forward or to complete 8 CITY PROJECT, PARTIES agree to meet and confer and collectively work to identify adequate funding for 9 CITY PROJECT.
10 4. The total cost to CITY to complete construction, including construction administration, inspection and 11 materials testing and a contingency for CITY PROJECT is estimated to be Fifteen Thousand Nine Hundred 12 Sixty Eight Dollars and Zero Cents ($15,968.00) as detailed in Exhibit "B". 13 5. COUNTY shall not be obligated to commence the CITY PROJECT until after receipt of CITY's Deposit as 14 required in Section 2.
15 6. Construction by COUNTY of improvements for CITY PROJECT shall not be commenced until an 16 Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by 17 CITY.
18 7. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the 19 slurry seal improvements, a policy of Commercial Liability Insurance, including coverage of Bodily Injury 20 Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a 21 policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each 22 policy shall be required which name CITY, its officers, agents and employees, as additionally insured. 23 COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance. 24 COUNTY shall cause COUNTY's contractor to provide Certificates of Insurance and Additional Insured 25 Endorsements which meet the requirements of this section to CITY prior to the start of construction. 26 8. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will 27 be automatically vested with the jurisdiction in which the improvements reside, and no further agreement 28 29
County of Riverside & City of Riverside Service Agreement 5 Alexander St. and Barton St. Slurry Seal Improvements
1 will be necessary to transfer ownership.
2 9. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT within 3 CITY right of way except as specified in this Agreement or future agreements. 4 10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed 5 by all PARTIES and no oral understanding or agreement not incorporated herein shall be binding on each 6 PARTY hereto.
7 11. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability 8 occurring by reason of any act or omission of CITY under or in connection with any work, authority or 9 jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code 10 Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury 11 (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under 12 or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 13 12. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring 14 by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction 15 delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code 16 Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury 17 (as defined by Government Code Section 810.8) occurring by reason of any act or omission of COUNTY 18 under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. 19 13. In the event that CITY defaults in the performance of any of its obligations under this Agreement or 20 materially breaches any of the provisions of this Agreement, the COUNTY shall have the option to terminate 21 this Agreement upon ninety (90) days written notice to CITY. 22 14. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to the 23 CITY PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the CITY 24 PROJECT.
25 15. This Agreement may be executed in any number of counterparts, each of which will be an original, but all 26 of which together will constitute one instrument. Each PARTY to this Agreement agrees to the use of 27 electronic signatures, such as digital signatures that meet the requirements of the California Uniform 28 29
County of Riverside & City of Riverside Service Agreement 6 Alexander St. and Barton St. Slurry Seal Improvements
1 Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this 2 Agreement. The PARTIES further agree that the electronic signatures of the PARTIES included in this 3 Agreement are intended to authenticate this writing and to have the same force and effect as manual 4 signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically 5 associated with an electronic record and executed or adopted by a person with the intent to sign the 6 electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an 7 electronic signature for transactions and contracts among parties in California, including a government 8 agency. Digital signature means an electronic identifier, created by computer, intended by the PARTY using 9 it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon 10 by the PARTIES. For purposes of this section, a digital signature is a type of "electronic signature" as 11 defined in subdivision (i) of Section 1633.2 of the Civil Code. 12 16. All notices, demands, invoices, and other communications required or permitted hereunder shall be in 13 writing and delivered to the following addresses or such other address as the PARTIES may designate:
14 COUNTY: CITY:
15 Riverside County Transportation Department City of Riverside 16 Attn: Mark Lancaster Attn: Gilbert Hernandez
17 Director of Transportation Director of Public Works
18 4080 Lemon Street, 8th Floor 3900 Main Street - 4th Floor 19 Riverside, CA 92501 Riverside, CA 92522
20 Phone: (951) 955-6740 Phone: (951) 826-5975
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29 County of Riverside & City of Riverside Service Agreement Alexander St. and Barton St. Slurry Seal Improvements
1 APPROVALS
2 COUNTY Approvals CITY OF RIVERSIDE Approvals
3 RECOMMENDED FOR APPROVAL: APPROVED BY:
4 5
6 7 MARK LANCASTER
PRINTED NAME
8 Director of Transportation City Manager
9 APPROVED AS TO FORM:
APPROVED AS TO FORM:
11 COUNTY COUNSEL
12 13 Susan Wison
14 By_ Susan wilson
PRINTED NAME
15 DANIELLE MALAND
City Attorney
16 Deputy County Counsel
17 18 APPROVAL BY THE BOARD OF SUPERVISORS ATTEST:
19 20
21 PRINTED NAME
PRINTED NAME
22 Chair, Riverside County Board of Supervisors City Clerk 23 CERTIFIED AS TO FUNDS AVAILABILITY:
24 ATTEST:
IS AFTER FINANGAL OFFICER
25 26
27 KIMBERLY A. RECTOR
28 Clerk of the Board (SEAL)
29 County of Riverside & City of Riverside Service Agreement 8 Alexander St. and Barton St. Slurry Seal Improvements
1 EXHIBIT A
2 VICINITY/ CITY PROJECT MAP
3 4
5 6
7 RIVERSIDE
8 9 City of Riverside
City of Riverside
10 ALESSANDRO BLVD _ALESSANDRO BLVD ALESSANDRO BLVD LESSANDRO BLVD S5006A 11 VISTA GRANDE DR
BARTON ALEXANDER ST M50084
12 13 CAMINO DEL ORO M7931
KILMARNOCK WAY CALLE VISTA DR M5943 EL PASEO RD M5989 LOMA SOLA M599 RANCHO VISTA RD M5992 AVENIDA LUNA M7408 14 1- = CAMINO DELLSOL AVENIDA MUNOZ
15 RENFREW WAY (GREENOCK WAXİ _BARTON SI BARTON ST
16 =
BOTANY BAY RD
17 18
19 20
21 22
23 24
25 26
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29 County of Riverside & City of Riverside Service Agreement Alexander St. and Barton St. Slurry Seal Improvements
1 EXHIBIT B
2 CITY PROJECT BUDGET
3 ESTIMATED COSTS:
4 5 TASK COSTS
6 Construction $12,968.00
8 Contingency $1,000.00
9 Administration, Inspection & Testing $2,000.00
10 11 TOTAL COST $15,968.00
12 13
14 15
16 17
18 19
20 21
22 23
24 25
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County of Riverside & City of Riverside Service Agreement 10