CITY OF
DATE. -
TO:
FROM:
PREPARED BY:
SUBJECT -
Item No. � 6
STAFF REPORT
June 22, 2026
Honorable Mayor and City Council
Dr, Sean M. Moore, City Manager
Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer �t
Revised Agreement with the County of Riverside for slurry seal improvements on County Line Road from Basil Lane to Marble Drive
RECOMMENDATION:
That the City Council:
1) Approve and authorize the City Manager to execute the revised agreement and the City Manager or his designee to administer the terms of the revised agreement with the County of Riverside in the not to exceed amount of $20,000 for slurry seal improvements within the City of Yucaipa, including County Line Road from Basil Lane to Marble Drive; or 2) Provide further direction to staff.
BACKC. ROUND/DISCUSSf ON:
The County of Riverside Transportation Department (County) contacted the City regarding the possibility of joint participation in a County pavement maintenance project (Project). After a review of the proposed limits of the Project, the City verified that a portion of the Project includes a segment of street within the City of Yucaipa. The segment is County Line Road from Basil Lane to Marble Drive.
The northern half of this street is City of Yucaipa, and the southern half is the County of Riverside, The estimated costs provided by the County to complete the slurry seal improvements within the City of Yucaipa's portion of the street as a part of their Project was $9,950 for approximately 22,000 square feet of slurry seal improvements.
At the May 11, 2026 City Council meeting, the City Council approved an agreement with that cost estimate amount. However, the parties have not executed an agreement yet. After the May I I "' meeting, the County received the bid proposals for the Project, and notified City staff that the actual costs based on the low bid amount would result in an increase of approximately 25% higher than the cost estimate.
In order to adjust for the actual cost to complete the Project, and to allow for potentially expanding the limits of work to other street segments within Yucaipa, the County agreed to revise the previous draft agreement with a total cost in the not to exceed amount of $20,000. Because the updated cost estimate exceeds the amount previously approved by the City Council, the revised draft agreement is being 06/22/2026 City Council Agenda 93
presented to for the City Council for consideration.
Staff has reviewed the revised cost and compared it to the resurfacing costs estimated for the City to perform the work, and determined that the revised costs will result in a cost savings of approximately 10% to 15% when compared to the City's estimated costs.
The City's adopted FY25/26 Budget includes previously authorized budget within the Pavement Management Program (PMP) to fund the anticipated expenditures in the not to exceed amount of $20,000. In the case that the County completes their proposed project in FY26/27, the FY26/27 PMP budget will be proposed for the City Council's review/approval to include recommendations required to process the reimbursement to the County of Riverside in accordance with the proposed agreement.
FISCAL IMPACT:
The recommendations do not result in a fiscal impact.
Attachments:
1. Revised Agreement with the County of Riverside
06/22/2026 City Council Agenda 94
ATTACHMENT I
06/22/2026 City Council Agenda 95
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29 County Line Road Slurry Seal Improvements
SERVICE AGREEMENT BY AND BETWEEN
COUNTY OF RIVERSIDE
AND
CITY OF YUCAIPA
FOR
COUNTY LINE ROAD SLURRY SEAL IMPROVEMENTS
This Agreement is entered into this day of , 20_, by and between the County of Riverside, a political subdivision of the State of California, on behalf of its Transportation Department (hereinafter "COUNTY") and the City of Yucaipa, a municipal corporation, (hereinafter "CITY") for slurry seal improvements located within the jurisdictional boundaries of CITY. The COUNTY and CITY are sometimes hereinafter referred to individually as a "PARTY" and collectively as the "PARTIES".
RECITALS
A_ WHEREAS, CITY has determined to seal the existing asphalt surface on County Line Road which consists of the following segment: County Line Road from Basil Lane to Marble Drive (approximately 1267 linear feet by 17 feet wide), in the Yucaipa area of Riverside County (hereinafter "CITY PROJECT').
B. WHEREAS, CITY has determined that it requires construction services to place the slurry seal on County Line Road as shown in Exhibit "A" and that a slurry seal will be applied that consists of the application of a mixture of water, asphalt emulsion, aggregate, and chemical additives to an existing asphalt concrete pavement surface.
C. WHEREAS, COUNTY is fully qualified to administer the work that includes traffic control, rout and seal random cracks, replacement of any pavement markings, including cross walks, striping and raised pavement markers.
D, WHEREAS, COUNTY has slurry seal improvement projects within the jurisdictional boundaries of COUNTY along the COUNTY and CITY boundary, which slurry seal improvement projects are sometimes hereinafter referred to collectively as "COUNTY PROJECT".
E. WHEREAS, CITY will benefit from the cost savings associated with a larger improvement project, and CITY 96 =
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29 desires to work with the COUNTY to construct the CITY PROJECT, together with the COUNTY PROJECT since COUNTY has extensive experience in the development and implementation of similar type projects, F. WHEREAS, COUNTY will therefore provide the administrative, technical, managerial, and support services 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 PROJECT is to be administered, engineered, coordinated, and constructed.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as follows:
SECTION 1 • COUNTY AGREES to:
1. Act as the lead agency on behalf of the CITY for the overall implementation of the CITY PROJECT. The COUNTY is providing services on a reimbursable basis and has no obligation to fund any portion of the CITY PROJECT. Nothing in this Agreement is intended to commit the COUNTY to provide replacement 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.
Final plans for improvements are prepared to COUNTY standards and signed by a Civil Engineer registered in the State of California, Deviations from standards shall be coordinated with and approved by CITY.
COUNTY shall not begin construction within CITY until CITY has approved the CITY PROJECT portion of the PS&E documents, which approval shall not be unreasonably withheld.
3. Direct COUNTY's contractor to identify any existing surface utility facilities within the limits of the CITY PROJECT and to protect the facilities as detailed in the Special Provisions of the PS&F.
4. Direct COUNTY's contractor to make written application to CITY for an encroachment permit authorizing entry into CITY right of way for the purposes of constructing COUNTY PROJECT and CITY PROJECT.
5. Advertise, award, and administer a public works contract for the construction of the COUNTY PROJECT and the CITY PROJECT in accordance with all applicable federal, state or local statutes, ordinances, orders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes, California Labor Code, and California Public Contract Code, and in accordance with 0�y6`t''igiKrA`iYA�eq& of Yucaipa Service Agreement
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29 the encroachment permits issued by CITY,
6. Furnish a representative to perform the function of Resident Engineer during construction of CITY
PROJECT,
7. Furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, 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 PS&E documents.
8. Construct the CITY PROJECT in accordance with approved PS&E documents.
9. Submit any contract change order that causes the construction contract to exceed 10% of the contract bid amount for CITY PROJECT improvements to CITY for review and approval prior to final authorization by COUNTY. If any contract change order causes the construction contract to change by less than 10% of the bid amount for CITY PROJECT, COUNTY is authorized by CITY's approval of this Agreement to move forward with such change.
10. Furnish CITY a final reconciliation of CITY PROJECT expenses within ninety (90) days following the completion and acceptance of the COUNTY PROJECT and CITY PROJECT construction contract. If final costs associated with the CITY PROJECT are in excess of the Deposit provided in Section 2, COUNTY shall include a final bill with the financial reconciliation. If final costs associated with the CITY PROJECT are less than the Deposit provided in Section 2, COUNTY shall include a reimbursement for the difference with the financial reconciliation.
11. Provide CITY one complete set of reproducible as -built plans and all contract documents including calculations, estimates, and other documents produced as part of this contract within ninety (90) days after completion and acceptance of the CITY PROJECT.
SECTION 2 * CITY AGREES to:
1. Fund one hundred percent (100%) of the cost of the CITY PROJECT, as shown in Exhibit "B". CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in Exhibit "B", CITY will pay such costs pursuant to Subsection 9 and Subsection 10 of Section 1. �� 3
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29 2. Deposit with COUNTY, prior to COUNTY start of work and upon written request by COUNTY, twenty thousand dollars and zero cents ($20,000.00) (the "Deposit"), which represents one hundred percent (100%) of the estimated costs to complete construction including construction administration, inspection and materials testing and contingency for CITY PROJECT, as provided in Exhibit "B".
3. Prepare and approve CEQA clearance for the CITY PROJECT_
4. Issue, at no cost to COUNTY or its contractor, upon proper application by COUNTY or COUNTY's contractor, an encroachment permit authorizing entry onto CITY right-of-way to complete construction, including traffic control, construction survey, inspection and materials testing for the COUNTY PROJECT and CITY PROJECT.
5. Provide at no cost to the COUNTY, oversight of the CITY PROJECT, to provide prompt reviews and approvals, as appropriate, of submittals by COUNTY, and to cooperate in timely processing of the CITY PROJECT.
6. Provide at no cost to COUNTY, a representative to coordinate and assist the COUNTY Resident Engineer during the construction of the CITY PROJECT and to verify facilities are constructed as required by this Agreement.
7. Pay COUNTY for any final costs associated with the CITY PROJECT that are in excess of the Deposit as determined pursuant to Subsection 10 of Section 1.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
1. If upon opening of bids for construction of the CITY PROJECT the bids indicate a cost overrun of no more than ten percent (10%) of the construction cost estimate will occur, as described in Exhibit "B", COUNTY may award the contract.
2. If upon opening of bids it is found that a cost overrun exceeding ten percent (10%) of the construction cost estimate will occur, COUNTY and CITY shall endeavor to agree upon an alternative course of action. If, after fourteen (14) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent. COUNTY shall reimburse CITY with any unspent portion of the Deposit within forty-five (45) days of termination.
3. COUNTY and CITY acknowledge and agree that any funding shortfall for the completion of the CITY M;;
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29 PROJECT will be the sole responsibility of CITY. Nothing in this Agreement is intended to commit the COUNTY to funding any portion of CITY PROJECT or shall be construed as obligating the COUNTY to provide replacement funding for any anticipated funding or to continue with the CITY PROJECT, if funds are no longer available. In the event that adequate funds are not available to move forward or to complete CITY PROJECT, PARTIES agree to meet and confer and collectively work to identify adequate funding for CITY PROJECT.
4. The total cost to CITY to complete construction, including construction administration, inspection and materials testing and a contingency for CITY PROJECT is estimated to be twenty thousand dollars and zero cents ($20,000.00) as detailed in Exhibit "B".
5. COUNTY shall not be obligated to commence the CITY PROJECT until after receipt of CITY's Deposit as required in Section 2.
6. Construction by COUNTY of improvements for CITY PROJECT shall not be commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by CITY.
7. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the slurry seal improvements, a policy of Commercial Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum_ Endorsements to each policy shall be required which name CITY, its officers, agents and employees, as additionally insured.
COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance.
COUNTY shall cause COUNTY's contractor to provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to CITY prior to the start of construction.
8. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside, and no further agreement will be necessary to transfer ownership.
9. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT within CITY right of way except as specified in this Agreement or future agreements. o +Mp6g#1N(ggl°A,QAy of Yucaipa Service Agreement
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29 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 PARTY hereto.
11. 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 jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 896.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.
12. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code 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 under or in connection with any work, authority orjurisdiction delegated to COUNTY under this Agreement.
13. In the event that either PARTY defaults in the performance of any of its obligations under this Agreement 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 other PARTY. Should the Agreement be terminated as provided herein, CITY shall reimburse COUNTY for service performed pursuant to this Agreement up through the date of termination and COUNTY shall reimburse CITY with any unspent/remaining portion of the Deposit within forty-five (45) days of termination.
14. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to the CITY PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the CITY PROJECT.
15. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument, Each PARTY to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform o+t#�'eiiteil°axaY of Yucaipa Service Agreement
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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 Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the PARTY using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the PARTIES. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code_
16. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the PARTIES may designate.
COUNTY: CITY -
Riverside County Transportation Department
Attn' Dennis Acuna
Director of Transportation
4080 Lemon Street, 8th Floor
Riverside, CA 92501
Phone: (951) 955-6740
[Signature Page Follows]
City of Yucaipa
Attn. Fermin Preciado
Director of Development Services
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Phone: (909) 797-2489
102 0
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29 APPROVALS
COUNTY Approvals
RECOMMENDED FOR APPROVAL.
Dennis Acuna
Director of Transportation
APPROVED AS TO FORM:
COUNTY COUNSEL
By
DANIELLE MALAND
Deputy County Counsel
APPROVAL BY THE BOARD OF SUPERVISORS
PRINTED NAME
Chair, Riverside County Board of Supervisors
ATTEST:
KIMBERLY A. RECTOR
Clerk of the Board (SEAL)
CITY OF YUCAIPA Approvals
APPROVED BY:
PRINTED NAME
Director of Development Services
APPROVED AS TO FORM:
PRINTED NAME
City Attorney
ATTEST:
PRINTED NAME
City Clerk
06/22/2026 City Council Agenda
County of Riverside & City of Yucaipa Service Agreement 103 0
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EXHIBIT A
VICINITYI CITY PROJECT MAP
SLURRY pWAR MAPS
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06/22/2026 City Council Agenda.
County of Riverside & City of Yucaipa Service Agreement 104 =
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29 EXHIBIT B
CITY PROJECT BUDGET
ESTIMATED COSTS:
TASK
COSTS
Construction
$10,454.00
Contingency
$7,946.00
Administration, Inspection & Testing
$1,600.00
TOTAL COST
$20.000.00
06/22/2026 City Council Agenda
County of Riverside & City of Yucaipa Service Agreement 105