2022/09/21 County of Riverside Microsurfacing Agreement for Leon Road - unexecuted Leon Rd. Microsurfacing Improvements
County of Riverside & City of Menifee Service Agreement
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SERVICE AGREEMENT BY AND BETWEEN
COUNTY OF RIVERSIDE
AND
CITY OF MENIFEE
FOR
LEON RD.
MICROSURFACING IMPROVEMENTS
This Agreement is entered into this ______ day of _______________________, 2022, 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 Menifee, a municipal corporation, (hereinafter “CITY”) for Microsurfacing 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 a segment of Leon Rd. from 1500’
N Keller Rd. to Scott Rd. (approximately 3,797 linear feet by 14 feet wide) in the Menifee area of Riverside
County (“CITY PROJECT”); and
B. WHEREAS, CITY has determined that it requires construction services to place the Microsurfacing on Leon
Rd. as shown in Exhibit A and that a Microsurfacing 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; and
C. WHEREAS, COUNTY is fully qualified to administer the work that includes traffic control, rout and seal of
random cracks, replacement of any pavement markings, including cross walks, striping and raised
pavement markers; and
D. WHEREAS, COUNTY has Microsurfacing improvement projects within the jurisdictional boundaries of
COUNTY, which Microsurfacing improvement projects are sometimes hereinafter referred to collectively as
“COUNTY PROJECT”.
DocuSign Envelope ID: 6A286EDD-734B-4092-BE74-7E7EEF826370
Leon Rd. Microsurfacing Improvements
County of Riverside & City of Menifee Service Agreement
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E. WHEREAS, CITY will benefit from the cost savings associated with a larger improvement project, and CITY
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 detailed 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&E.
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 and local statutes, ordinances,
orders, governmental requirements, laws or regulations, including but not limited to the local agency public
DocuSign Envelope ID: 6A286EDD-734B-4092-BE74-7E7EEF826370
Leon Rd. Microsurfacing Improvements
County of Riverside & City of Menifee Service Agreement
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construction codes, California Labor Code, and California Public Contract Code, and in accordance with
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 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
DocuSign Envelope ID: 6A286EDD-734B-4092-BE74-7E7EEF826370
Leon Rd. Microsurfacing Improvements
County of Riverside & City of Menifee Service Agreement
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Exhibit “B”, CITY will pay such costs pursuant to Subsection 9 and Subsection 10 of Section 1.
2. Deposit with COUNTY, prior to COUNTY start of work and upon written request by COUNTY, Forty Six
Thousand One Hundred Seventy Dollars and No Cents ($46,170.00) (the “Deposit”), which represents one
hundred percent (100%) of the 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 California Environmental Quality Act (CEQA) clearance for the CITY PROJECT.
COUNTY will prepare and approve CEQA clearance for the COUNTY 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
DocuSign Envelope ID: 6A286EDD-734B-4092-BE74-7E7EEF826370
Leon Rd. Microsurfacing Improvements
County of Riverside & City of Menifee Service Agreement
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within forty-five (45) days of termination.
3. COUNTY and CITY acknowledge and agree that any funding shortfall for the completion of the CITY
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 ten percent (10%) contingency for CITY PROJECT is estimated to be Forty Six
Thousand One Hundred Seventy Dollars and No Cents ($46,170.00) 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
Microsurfacing 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.
DocuSign Envelope ID: 6A286EDD-734B-4092-BE74-7E7EEF826370
Leon Rd. Microsurfacing Improvements
County of Riverside & City of Menifee Service Agreement
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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.
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 895.4, 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 or jurisdiction delegated to COUNTY under this Agreement.
13. In the event that CITY defaults in the performance of any of its obligations under this Agreement or
materially breaches any of the provisions of this Agreement, the COUNTY shall have the option to terminate
this Agreement upon ninety (90) days written notice to CITY.
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
Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this
DocuSign Envelope ID: 6A286EDD-734B-4092-BE74-7E7EEF826370
Leon Rd. Microsurfacing Improvements
County of Riverside & City of Menifee Service Agreement
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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 City of Menifee
Attn: Mark Lancaster Attn: Carlos Geronimo
Director of Transportation Principal Engineer
4080 Lemon Street, 8th Floor 29844 Haun Rd.
Riverside, CA 92501 Menifee, CA 92586
Phone: (951) 955-6740 Phone: 951.672.6777
DocuSign Envelope ID: 6A286EDD-734B-4092-BE74-7E7EEF826370
Leon Rd. Microsurfacing Improvements
County of Riverside & City of Menifee Service Agreement 8
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APPROVALS
COUNTY Approvals
RECOMMENDED FOR APPROVAL:
MARK LANCASTER
Director of Transportation
APPROVED AS TO FORM:
COUNTY COUNSEL
By______________________________________
DANIELLE MALAND
Deputy County Counsel
APPROVAL BY THE BOARD OF SUPERVISORS
_______________________________________
JEFF HEWITT
Chair, Riverside County Board of Supervisors
ATTEST:
______________________ ________________
KECIA R. HARPER
Clerk of the Board (SEAL)
CITY OF MENIFEE Approvals
APPROVED BY:
_____________________________________
City Manager
APPROVED AS TO FORM:
_____________________________________
City Attorney
ATTEST:
_____________________________________
City Clerk
DocuSign Envelope ID: 6A286EDD-734B-4092-BE74-7E7EEF826370
Jeffrey T. Melching
Armando G. Villa
Acting
Stephanie Roseen
Leon Rd. Microsurfacing Improvements
County of Riverside & City of Menifee Service Agreement 9
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EXHIBIT A
VICINITY/CITY PROJECT MAP
DocuSign Envelope ID: 6A286EDD-734B-4092-BE74-7E7EEF826370
Leon Rd. Microsurfacing Improvements
County of Riverside & City of Menifee Service Agreement 10
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EXHIBIT B
CITY PROJECT BUDGET
COST ESTIMATE:
TASK COST
Construction $36,170.00
Contingency (10%) $4,000.00
Administration, Inspection & Testing (15%) $6,000.00
TOTAL COST $46,170.00
DocuSign Envelope ID: 6A286EDD-734B-4092-BE74-7E7EEF826370