Cleveland Avenue, Spring Street, and Villa Street Slurry Seal Improvements 1 SERVICE AGREEMENT BY AND BETWEEN
2 COUNTY OF RIVERSIDE
3 AND
4 CITY OF RIVERSIDE
5 FOR
6 CLEVELAND AVENUE, SPRING STREET, AND VILLA STREET 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 California charter city and municipal corporation, (hereinafter "CITY") for 11 slurry seal improvements located within the jurisdictional boundaries of CITY. The COUNTY and CITY are 12 sometimes hereinafter referred to individually as a "PARTY" and collectively as the "PARTIES". 13 RECITALS
14 A. WHEREAS, CITY has determined to seal the existing asphalt surface on Cleveland Avenue, Spring Street, 15 and Villa Street, which consists of the following segments: segment 1 is Cleveland Avenue From La Sierra 16 Avenue to Cross Street (approximately 2050 linear feet by 19 feet wide), segment 2 is Cleveland Avenue 17 from Cross Street to 555' E Cross Street ( approximately 555 linear feet by 14 feet wide) segment 3 is 18 Spring Street from lowa Avenue to Pacific Avenue (approximately 875 linear feet by 16 feet wide) segment 19 4 is Villa Street from 483' W Prospect Avenue to 884' W Prospect Avenue (approximately 414 linear feet 20 by 12' wide) in the Riverside area of Riverside County (hereinafter "CITY PROJECT"). 21 B. WHEREAS, CITY has determined that it requires construction services to place the slurry seal on Cleveland 22 Avenue, Spring Street and Villa Street as shown in Exhibit A and that a slurry seal will be applied that 23 consists of the application of a mixture of water, asphalt emulsion, aggregate, and chemical additives to an 24 existing asphalt concrete pavement surface.
25 C. WHEREAS, COUNTY is fully qualified to administer the work that includes traffic control, rout and seal 26 random cracks, replacement of any pavement markings, including cross walks, striping and raised 27 pavement markers.
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County of Riverside & City of Riverside Service Agreement Cleveland Avenue, Spring Street, and Villa Street Slurry Seal Improvements 1 D. WHEREAS, COUNTY has slurry seal improvement projects within the jurisdictional boundaries of COUNTY 2 along the COUNTY and CITY boundary, which slurry seal improvement projects are sometimes hereinafter 3 referred to collectively as "COUNTY PROJECT".
4 E. WHEREAS, CITY will benefit from the cost savings associated with a larger improvement project, and CITY 5 desires to work with the COUNTY to construct the CITY PROJECT, together with the COUNTY PROJECT 6 since COUNTY has extensive experience in the development and implementation of similar type projects. 7 F. WHEREAS, COUNTY will therefore provide the administrative, technical, managerial, and support services 8 necessary for the implementation of the CITY PROJECT as part of the COUNTY PROJECT. 9 G. WHEREAS, COUNTY and CITY desire to define herein the terms and conditions under which said CITY 10 PROJECT is to be administered, engineered, coordinated, and constructed. 11 AGREEMENT
12 NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as 13 follows:
14 SECTION 1 • COUNTY AGREES to:
15 1. Act as the lead agency on behalf of the CITY for the overall implementation of the CITY PROJECT. The 16 COUNTY is providing services on a reimbursable basis and has no obligation to fund any portion of the 17 CITY PROJECT. Nothing in this Agreement is intended to commit the COUNTY to provide replacement 18 funding for or to continue with the CITY PROJECT, if funds are not available.
2. Furnish CITY with Maps, Plans, Specifications & Estimate (PS&E) documents for the CITY PROJECT. 20 Final plans for improvements are prepared to COUNTY standards and signed by a Civil Engineer registered 21 in the State of California. Deviations from standards shall be coordinated with and approved by CITY. 22 COUNTY shall not begin construction within CITY until CITY has approved the CITY PROJECT portion of 23 the PS&E documents, which approval shall not be unreasonably withheld. 24 3. Direct COUNTY's contractor to identify any existing surface utility facilities within the limits of the CITY 25 PROJECT and to protect the facilities as detailed in the Special Provisions of the PS&E. 26 4. Direct COUNTY's contractor to make written application to CITY for an encroachment permit authorizing 27 entry into CITY right of way for the purposes of constructing COUNTY PROJECT and CITY PROJECT. 28 29
County of Riverside & City of Riverside Service Agreement 2 Cleveland Avenue, Spring Street, and Villa Street Slurry Seal Improvements 1 5. Advertise, award, and administer a public works contract for the construction of the COUNTY PROJECT 2 and the CITY PROJECT in accordance with all applicable federal, state or local statutes, ordinances, 3 orders, governmental requirements, laws or regulations, including but not limited to the local agency public 4 construction codes, California Labor Code, and California Public Contract Code, and in accordance with 5 the encroachment permits issued by CITY.
6 6. Furnish a representative to perform the function of Resident Engineer during construction of CITY 7 PROJECT.
8 7. Furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, 9 soils and compaction tests, measurement and computation of quantities, testing of construction materials, 10 checking submittals, preparation of estimates and reports, preparation of as-built drawings, and other 11 inspection and staff services necessary to assure that the construction is performed in accordance with the 12 PS&E documents.
13 8. Construct the CITY PROJECT in accordance with approved PS&E documents. 14 9. Submit any contract change order that causes the construction contract to exceed 10% of the contract bid 15 amount for CITY PROJECT improvements to CITY for review and approval prior to final authorization by 16 COUNTY. If any contract change order causes the construction contract to change by less than 10% of 17 the bid amount for CITY PROJECT, COUNTY is authorized by CITY's approval of this Agreement to move 18 forward with such change.
19 10. Furnish CITY a final reconciliation of CITY PROJECT expenses within ninety (90) days following the 20 completion and acceptance of the COUNTY PROJECT and CITY PROJECT construction contract. If final 21 costs associated with the CITY PROJECT are in excess of the Deposit provided in Section 2, COUNTY 22 shall include a final bill with the financial reconciliation. If final costs associated with the CITY PROJECT 23 are less than the Deposit provided in Section 2, COUNTY shall include a reimbursement for the difference 24 with the financial reconciliation.
25 11. Provide CITY one complete set of reproducible as-built plans and all contract documents including 26 calculations, estimates, and other documents produced as part of this contract within ninety (90) days after 27 completion and acceptance of the CITY PROJECT.
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County of Riverside & City of Riverside Service Agreement 3 Cleveland Avenue, Spring Street, and Villa Street Slurry Seal Improvements 1 SECTION 2 • CITY AGREES to:
2 1. Fund one hundred percent (100%) of the cost of the CITY PROJECT, as shown in Exhibit "B". CITY agrees 3 that should unforeseen circumstances arise which result in an increase of any costs over those shown in 4 Exhibit "B", CITY will pay such costs pursuant to Subsection 9 and Subsection 10 of Section 1. 5 2. Deposit with COUNTY, prior to COUNTY start of work and upon written request by COUNTY, Forty Two 6 Thousand Ten Dollars and Zero Cents ($42,010.00) (the "Deposit"), which represents one hundred percent 7 (100%) of the estimated costs to complete construction including construction administration, inspection 8 and materials testing and contingency for CITY PROJECT, as provided in Exhibit "B". 9 3. Prepare and approve CEQA clearance for the CITY PROJECT. 10 4. Issue, at no cost to COUNTY or its contractor, upon proper application by COUNTY or COUNTY's 11 contractor, an encroachment permit authorizing entry onto CITY right-of-way to complete construction, 12 including traffic control, construction survey, inspection and materials testing for the COUNTY PROJECT 13 and CITY PROJECT.
14 5. Provide at no cost to the COUNTY, oversight of the CITY PROJECT, to provide prompt reviews and 15 approvals, as appropriate, of submittals by COUNTY, and to cooperate in timely processing of the CITY 16 PROJECT.
17 6. Provide at no cost to COUNTY, a representative to coordinate and assist the COUNTY Resident Engineer 18 during the construction of the CITY PROJECT and to verify facilities are constructed as required by this 19 Agreement.
20 7. Pay COUNTY for any final costs associated with the CITY PROJECT that are in excess of the Deposit as 21 determined pursuant to Subsection 10 of Section 1.
22 SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
23 1. If upon opening of bids for construction of the CITY PROJECT the bids indicate a cost overrun of no more 24 than ten percent (10%) of the construction cost estimate will occur, as described in Exhibit "B", COUNTY 25 may award the contract.
26 2. If upon opening of bids it is found that a cost overrun exceeding ten percent (10%) of the construction cost 27 estimate will occur, COUNTY and CITY shall endeavor to agree upon an alternative course of action. If, 28 29
County of Riverside & City of Riverside Service Agreement Cleveland Avenue, Spring Street, and Villa Street Slurry Seal Improvements 1 after fourteen (14) calendar days from the date of bid opening, an alternative course of action is not agreed 2 upon, this Agreement shall be deemed to be terminated by mutual consent. COUNTY shall reimburse CITY 3 with any unspent portion of the Deposit within forty-five (45) days of termination. 4 3. COUNTY and CITY acknowledge and agree that any funding shortfall for the completion of the CITY 5 PROJECT will be the sole responsibility of CITY. Nothing in this Agreement is intended to commit the 6 COUNTY to funding any portion of CITY PROJECT or shall be construed as obligating the COUNTY to 7 provide replacement funding for any anticipated funding or to continue with the CITY PROJECT, if funds 8 are no longer available. In the event that adequate funds are not available to move forward or to complete 9 CITY PROJECT, PARTIES agree to meet and confer and collectively work to identify adequate funding for 10 CITY PROJECT.
11 4. The total cost to CITY to complete construction, including construction administration, inspection and 12 materials testing and a contingency for CITY PROJECT is estimated to be Forty Two Thousand Ten Dollars 13 and Zero Cents ($42,010.00) as detailed in Exhibit "B". 14 5. COUNTY shall not be obligated to commence the CITY PROJECT until after receipt of CITY's Deposit as 15 required in Section 2.
16 6. Construction by COUNTY of improvements for CITY PROJECT shall not be commenced until an 17 Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by 18 CITY.
19 7. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the 20 slurry seal improvements, a policy of Commercial Liability Insurance, including coverage of Bodily Injury 21 Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a 22 policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each 23 policy shall be required which name CITY, its officers, agents and employees, as additionally insured. 24 COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance. 25 COUNTY shall cause COUNTY's contractor to provide Certificates of Insurance and Additional Insured 26 Endorsements which meet the requirements of this section to CITY prior to the start of construction. 27 8. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will 28 29
5 County of Riverside & City of Riverside Service Agreement Cleveland Avenue, Spring Street, and Villa Street Slurry Seal Improvements 1 be automatically vested with the jurisdiction in which the improvements reside, and no further agreement 2 will be necessary to transfer ownership.
3 9. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT within 4 CITY right of way except as specified in this Agreement or future agreements. 5 10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES and no oral understanding or agreement not incorporated herein shall be binding on each 7 PARTY hereto.
8 11. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability 9 occurring by reason of any act or omission of CITY under or in connection with any work, authority or 10 jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code 11 Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury 12 (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under 13 or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 14 12. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring 15 by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction 16 delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code 17 Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury 18 (as defined by Government Code Section 810.8) occurring by reason of any act or omission of COUNTY 19 under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. 20 13. In the event that CITY defaults in the performance of any of its obligations under this Agreement or 21 materially breaches any of the provisions of this Agreement, the COUNTY shall have the option to terminate 22 this Agreement upon ninety (90) days written notice to CITY. 23 14. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to the 24 CITY PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the CITY 25 PROJECT.
26 15. This Agreement may be executed in any number of counterparts, each of which will be an original, but all 27 of which together will constitute one instrument. Each PARTY to this Agreement agrees to the use of 28 29
County of Riverside & City of Riverside Service Agreement 6 Cleveland Avenue, Spring Street, and Villa Street Slurry Seal Improvements 1 electronic signatures, such as digital signatures that meet the requirements of the California Uniform 2 Electronic Transactions Act ("CUETA") Cal. Civ. Code §S 1633.1 to 1633.17), for executing this 3 Agreement. The PARTIES further agree that the electronic signatures of the PARTIES included in this 4 Agreement are intended to authenticate this writing and to have the same force and effect as manual 5 signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically 6 associated with an electronic record and executed or adopted by a person with the intent to sign the 7 electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an 8 electronic signature for transactions and contracts among parties in California, including a government 9 agency. Digital signature means an electronic identifier, created by computer, intended by the PARTY using 10 it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon 11 by the PARTIES. For purposes of this section, a digital signature is a type of "electronic signature" as 12 defined in subdivision (i) of Section 1633.2 of the Civil Code. 13 16. All notices, demands, invoices, and other communications required or permitted hereunder shall be in 14 writing and delivered to the following addresses or such other address as the PARTIES may designate:
15 COUNTY: CITY:
16 Riverside County Transportation Department City of Riverside 17 Attn: Patty Romo Attn: Edward Lara
18 Director of Transportation Principal Civil Engineer
19 4080 Lemon Street, 8th Floor 3900 Main St # 4
20 Riverside, CA 92501 Riverside, CA 92522
21 Phone: (951) 955-6740 Phone: (951) 826-2337
22 23 [Signature Page Follows]
24 25
26 27
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County of Riverside & City of Riverside Service Agreement Cleveland Avenue, Spring Street, and Villa Street Slurry Seal Improvements 1 APPROVALS
2 COUNTY Approvals CITY OF RIVERSIDE Approvals
3 RECOMMENDED FOR APPROVAL: APPROVED BY:
4 5
6 7 Patty Romo
PRINTED NAME
8 Director of Transportation City Manager
9 10 APPROVED AS TO FORM:
11 COUNTY COUNSEL
12 Kinstie Thomas
PRINTED NAME
13 City CFO
14 By.
APPROVED AS TO FORM:
15 DANIELLE MALAND
16 Deputy County Counsel
17 18 APPROVAL BY THE BOARD OF SUPERVISORS
Tarren Alicia Torres
19 RINTED NAM
Deputy Attorney
20 21
PRINTED NAME
22 Chair, Riverside County Board of Supervisors ATTEST:
23 24 ATTEST:
25 PRINTED NAME
26 City Clerk
27 KIMBERLY A. RECTOR
28 Clerk of the Board (SEAL)
29 County of Riverside & City of Riverside Service Agreement 8 Cleveland Avenue, Spring Street, and Villa Street Slurry Seal Improvements 1 EXHIBIT A
2 VICINITY/ CITY PROJECT MAP
3 4
5 6
ABINGTON ST M10764A
7 SIERRA CREEK DR-
-SOLOMC
LIL 71У : 26C RID
8 CATHEDRAL RIDGÊ WAI
JONATHAN DR M10767A 18
9 GRANITE PASS RD
10 CITY OF RIVERSIDE
LO YERITAGE RD MOBAS PRAED SI MI367 PRAÇO ST M1362,
11 NUE KU 111621 11131838 ORANGEMONT LN M3866
12 • WILDFLOWER LN M1364
LYON AVE
13 14
MAIN ST S3043 MAIN ST S3043 MAIN ST 53043
15 ARLISS SI M3084
16 AVE M3081
[HIGHLAND AVE M3034 FLYNN SIT M3085,
W. CHURCH ST M3016
HALKER NE M302 ISHBELL CT M3119
17 L
TRANSIT AVE M3074 PROSPECT AVE M3065
1-215 BOFF- TER ST S3012B
18 PAC TR ST M3079
1-215 NBOFF RUBY ST M3080 GARFIELD AVE M3099
19 TR
VILLA ST M3 77A ALAST M307B HIGHGROVE TOWN CENTER EVE
20 Long SPRING ST M3 70A
21 TRANSIT AVE M3I KEOWN CT 3812 SWAYZEE CT M3883
22 23 CITRUS SL CITY OF RIVERSIDE
24 25
PAYET LE RIM ERSID SALMATA AM
26 27
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County of Riverside & City of Riverside Service Agreement Cleveland Avenue, Spring Street, and Villa Street Slurry Seal Improvements 1 EXHIBIT B
2 CITY PROJECT BUDGET
3 ESTIMATED COSTS:
4 5 TASK COSTS
Construction $33,010.00
7 8 Contingency $4,000.00
9 Administration, Inspection & Testing $5,000.00
10 11 TOTAL COST $42,010.00
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
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County of Riverside & City of Riverside Service Agreement