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Main Street and Michigan Avenue Cooperative Agreement
AGREEMENT BY AND BETWEEIContract NO. 11 -U S
Riverside Co. Transportation
RIVERSIDE COUNTY,
CITY OF GRAND TERRACE
AND
COLTON JOINT UNIFIED SCHOOL DISTRICT
FOR TRAFFIC SIGNAL, SAFETY LIGHTING AND ROADWAY IMPROVEMENTS
AT MAIN STREET AND MICHIGAN AVENUE
(Highgrove Area)
This Agreement entered into this 21st day of July , 2011, by and between the County of
Riverside, (hereinafter "COUNTY"), the CITY OF GRAND TERRACE (hereinafter "CITY") and the COLTON
JOINT UNIFIED SCHOOL DISTRICT, (hereinafter "DISTRICT") for the provision of certain roadway
improvements on Main Street and Michigan Avenue located within the jurisdictional boundaries of the COUNTY
and the CITY.
RECITALS
A. COUNTY, CITY and DISTRICT have cooperated on planning the construction of certain roadway
improvements that provide benefits to the residents on Main Street and Michigan Avenue, to students and
parents of the new Grand Terrace High School and the general motoring public. The traffic signal and safety
lighting improvements at the intersection of Main Street and Michigan Avenue are hereinafter referred to as
"SIGNAL" The roadway improvements consist of street widening, new concrete curb, gutter, sidewalk,
access ramps, drainage improvements, signing and striping and other associated roadway improvements,
hereinafter referred to as "ROADWAY. These SIGNAL and ROADWAY improvements are hereinafter
referred to as"PROJECT". The location of PROJECT is shown in Exhibit A.
B. The PROJECT is within the jurisdictional boundaries of both the COUNTY and the CITY, the centerline of
Main Street being the COUNTY line and CITY limit.
C. COUNTY, CITY and DISTRICT desire to cooperate and jointly participate in implementing and funding the
PROJECT.
D. COUNTY, CITY and DISTRICT desire to have one agency take the lead role in the development and
implementation of the PROJECT to coordinate the improvements and to reduce overall costs.
AUG 1 62011 3P13
Main Street and Michigan Avenue Cooperative Agreement
E. COUNTY, CITY and DISTRICT have designated COUNTY as the lead agency for the PROJECT and
COUNTY will therefore provide the administrative, technical, managerial, and support services necessary to
develop and implement the PROJECT.
F. COUNTY, CITY and DISTRICT have cooperated in the preparation of improvement plans and specifications
that detail COUNTY, CITY and DISTRICT PROJECT improvements.
G. COUNTY will fund Fifty Percent(50%) of the SIGNAL improvements at the Main Street and Michigan Avenue
intersection. .
H. DISTRICT will fund Twenty-Five Percent(25%)of the SIGNAL improvements at the Main Street and Michigan
Avenue intersection.
I. CITY will fund Twenty-Five Percent (25%) of the SIGNAL improvements at the Main Street and Michigan
Avenue intersection.
J. COUNTY will fund One Hundred Percent(100%)of the ROADWAY improvements within the COUNTY, south
of the Main Street center line("COUNTY IMPROVEMENTS").
K DISTRICT will fund Fifty Percent (50%) of the ROADWAY improvements within the City of Grand Terrace,
north of the Main Street center line("DISTRICT IMPROVEMENTS").
L. CITY will fund Fifty Percent(50%) of the ROADWAY improvements within the City of Grand Terrace, north of
the Main Street center line("CITY IMPROVEMENTS').
M. Costs that apply to the design and construction of the PROJECT(such as design engineering, preparation of
bid documents, advertising of project for bids, award of contract, surveying, inspection, and materials testing)
shall be allocated proportionally between the COUNTY, CITY and DISTRICT. See Exhibit B.
N. COUNTY, CITY and DISTRICT desire to define herein the terms and conditions under which said PROJECT
is to be administered, engineered, coordinated, constructed, managed,financed and maintained.
O. COUNTY will advertise, award and administer a public works contract for the construction of PROJECT
together with three other related projects: a) Main Street Improvement project, b) Main Street Storm Drain
project and c)Michigan Avenue Resurfacing project. See attached Exhibit C.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as
follows:
Main Street and Michigan Avenue Cooperative Agreement
SECTION 1 •COUNTY AGREES:
1. To act as the Lead Agency to design, advertise, award and administer a public works contract for the
construction of the PROJECT.
2. To identify and locate all utility facilities within the PROJECT area. If any existing public and/or private utility
facilities conflict with PROJECT construction, COUNTY shall make all necessary arrangements with the
owners of such facilities for their protection, relocation, or removal. All utility facilities shall be identified on the
PROJECT plans and specifications, and conflicting utilities shall be denoted. COUNTY shall require the utility
owner and/or its contractors performing the relocation work within CITY's right of way to obtain a CITY
encroachment permit prior to the performance of said relocation work.
3. To establish the PROJECT ACCOUNT into which the DISTRICT and CITY will deposit their respective
Deposits and respective portions of the PROJECT BUDGET as shown in Exhibit B.
4. To advertise, award and administer a public works contract for the construction of 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,
California Education Code, and California Public Contract Code.
5. To furnish a representative to perform the function of Resident Engineer during construction of PROJECT. If
the PROJECT plans and specifications are prepared by a private engineering company, the Resident
Engineer shall not be an employee of that company. The Resident Engineer shall also be independent of the
construction contractor.
6. To furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys,
soils and foundation tests, measurement and computation of quantities, testing of construction materials,
checking shop drawings, 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
plans and specifications.
7. To construct the PROJECT in accordance with approved plans and specifications.
8. To provide separate quantities and accounting for the DISTRICT's and CITY's share of PROJECT.
9. To provide material testing and quality control conforming to the Caltrans Standard Testing Methods as
provided in Chapter 16 of the Local Assistance Procedures Manual, and to have this testing performed by a
Main Street and Michigan Avenue Cooperative Agreement
certified material tester.
10. To furnish DISTRICT and CITY each with a complete set of full-sized film positive reproducible as-built plans
and all contract records, including survey documents, within ninety (90)) days following the completion and
acceptance of the PROJECT construction contract. DISTRICT and CITY also desire electronic copies of
completed plans if available. If electronic copies are provided it is requested that they be provided on CD-R
media.
11. To furnish DISTRICT and CITY with a final reconciliation of PROJECT expenses within ninety (90) days
following the filing of the Notice of Completion.
12. To contribute the amount of Four hundred and twelve thousand dollars ($412,000), which is One Hundred
Percent(100%)of the COUNTY's estimated share of the costs for the PROJECT set forth in Exhibit B.
13. To provide oversight of PROJECT and to provide prompt reviews and approvals, as appropriate, of
submittals, and to cooperate in timely processing of PROJECT.
SECTION 2•DISTRICT AGREES:
1. To provide a representative to coordinate and assist the COUNTY's Resident Engineer during the
construction of PROJECT and to verify DISTRICT facilities are constructed in accordance with the approved
plans and specifications.
2. To deposit with COUNTY, after the bid opening and prior to COUNTY awarding the construction contract for
the PROJECT and upon written request by the COUNTY, the amount of Two hundred and fourteen thousand
dollars ($214,000) (the "Deposit"), which represents ninety percent of the DISTRICTs PROJECT BUDGET
(without contingencies)as shown in Exhibit B.
3. To pay within 45 days of receipt, the invoice for final reconciled costs in excess of the Deposit amount up to
the District's share of the actual cost for PROJECT submitted by COUNTY for services rendered in
accordance with this Agreement.
SECTION 3•CITY AGREES:
1. To provide a representative to coordinate and assist the COUNTY's Resident Engineer during the
construction of PROJECT and to verify CITY facilities are constructed in accordance with the approved plans
and specifications.
2. To deposit with COUNTY, after the bid opening and prior to COUNTY awarding the construction contract for
Main Sheet and Michigan Avenue Coopemhve Agreement
the PROJECT and upon written request by the COUNTY, the amount of Two hundred and fourteen thousand
dollars ($214,000) (the "Deposit"), which represents ninety percent of the CITYs PROJECT BUDGET
(without contingencies)as shown in Exhibit B.
3. To pay within 45 days of receipt, the invoice for final reconciled costs in excess of the Deposit amount up to
the CITY's share of the actual cost for PROJECT submitted by COUNTY for services rendered in accordance
with this Agreement
4. To enter into a maintenance agreement with COUNTY for the COUNTY to maintain the two new traffic signals
on Main Street at a) Grand Terrace High School main entrance and b) at Michigan Avenue, and to pay 50%
of the maintenance and energy costs for the two traffic signals.
SECTION 4•R IS MUTUALLY AGREED AS FOLLOWS:
1. The Recitals set forth above at the beginning of this Agreement are incorporated herein by this reference.
2. The total cost of the PROJECT is estimated to be Nine hundred and twenty-two thousand dollars ($922,000)
("PROJECT BUDGET")as set forth in Exhibit B.
3. The total cost of the CITY's share of the PROJECT is estimated to be Two hundred fifty-five thousand dollars
($255,000) as detailed in Exhibit B. The total cost of the DISTRICT's share of the PROJECT is estimated to
be Two hundred fifty-five thousand dollars ($255,000) as detailed in Exhibit B. The total cost of the
COUNTY's share of the PROJECT is estimated to be Four hundred and twelve thousand dollars ($412,000)
as detailed in Exhibit B.
4. If upon opening of bids for construction of the PROJECT and if the successful bid is not projected to cause
the PROJECT to overrun the PROJECT BUDGET, COUNTY shall be authorized to award contract.
5. If upon opening of bids for construction of the PROJECT and the successful bid is projected to cause the
PROJECT to overrun the PROJECT BUDGET, DISTRICT, CITY and COUNTY shall endeavor to agree upon
an alternative course of action. If the DISTRICT, CITY and COUNTY cannot reach a consensus on an
alternative course of action, the CITY and DISTRICT, at their discretion, shall at all times have the right, but
not the obligation, to deposit into the PROJECT ACCOUNT the difference between the PROJECT BUDGET
and the actual bid amount If after thirty (30) calendar days from the date of bid opening, an alternative
course of action is not agreed upon, and the CITY or DISTRICT has elected not to deposit into the PROJECT
ACCOUNT the difference between the PROJECT BUDGET and the actual bid amount, this Agreement shall
Main Street and Michigan Avenue Cooperative Agreement
be deemed to be terminated by mutual consent. If the Agreement is terminated per this provision, COUNTY
shall be obligated to reimburse DISTRICT and CITY for any funds already deposited with the COUNTY minus
any DISTRICT's and CITY's share of the expenditures for the PROJECT expended to date, in the proportion
as defined in Article G, H and I, respectively, of the RECITALS. COUNTY shall reimburse DISTRICT and
CITY within thirty(30)days of termination.
6. COUNTY shall inform the DISTRICT and CITY of the need for any changes to the PROJECT or the
PROJECT BUDGET. The parties shall agree to collaborate and cooperate in an attempt to reach agreement
with respect to the final costs and to any change orders that affect the PROJECT or PROJECT BUDGET. In
the event that cost increases are necessary and the PROJECT BUDGET cannot be increased, the parties will
meet to conduct value engineering or mutually agree on a change in the PROJECT so that costs remain
within the PROJECT BUDGET. All changes to the PROJECT or the PROJECT BUDGET must be approved
in writing by all Parties. DISTRICT shall be responsible for cost increases that are attributable to the
DISTRICT IMPROVEMENTS. COUNTY shall be responsible for cost increases that are attributable to the
COUNTY IMPROVEMENTS. CITY shall be responsible for cost increases that are attributable to the CITY
IMPROVEMENTS. Costs increases that are attributable to the PROJECT shall be split in the proportion as
defined in Article G, H and I of the RECITALS between the parties.
7. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the
PROJECT construction contract, a policy of Contractual 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 the DISTRICT, its officers, agents and employees and CITY, its officers,
agents and employees as additionally insured. COUNTY shall also require COUNTYs contractor to maintain
Worker's Compensation Insurance. COUNTY shall provide Certificates of Insurance and Additional Insured
Endorsements which meet the requirements of this section to DISTRICT and CITY prior to the start of
construction.
8. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will
automatically be vested with the jurisdiction for which the improvements reside and no further agreement will
be necessary to transfer ownership.
Main Street and Michigan Avenue Cooperative Agreement
9. Neither COUNTY, CITY nor DISTRICT shall be responsible for any maintenance of the improvements
provided by PROJECT that are located outside of their respective ownership or right of way boundaries
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. DISTRICT, CITY and COUNTY shall retain or cause to be retained for audit for a period of three (3) years
from the date of final payment, all records and accounts relating to PROJECT.
12. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by DISTRICT or CITY under or in connection with
any work, authority or jurisdiction delegated to DISTRICT or CITY under this Agreement. It is further agreed
that pursuant to Government Code Section 895.4, DISTRICT and/or 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 anything done or omitted to be done by DISTRICT or CITY respectively under or in
connection with any work, authority or jurisdiction delegated to DISTRICT or CITY respectively under this
Agreement.
13. Neither DISTRICT nor any officer or employee thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by COUNTY or CITY under or in connection with
any work, authority or jurisdiction delegated to COUNTY or CITY under this Agreement. It is further agreed
that pursuant to Government Code Section 895.4, COUNTY and/or CITY shall fully indemnify and hold
DISTRICT harmless from any liability imposed for injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by COUNTY or CITY respectively under or in
connection with any work, authority or jurisdiction delegated to COUNTY or CITY respectively under this
Agreement
14. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by COUNTY or DISTRICT under or in connection with any
work, authority or jurisdiction delegated to COUNTY or DISTRICT under this Agreement. It is further agreed
that pursuant to Government Code Section 895.4, COUNTY and/or DISTRICT shall fully indemnify and hold
Main Street and Michigan Avenue Cooperative Agreement
CITY harmless from any liability imposed for injury(as defined by Government Code Section 810.8) occurring
by reason of anything done or omitted to be done by COUNTY or DISTRICT respectively under or in
connection with any work, authority or jurisdiction delegated to COUNTY or DISTRICT respectively under this
Agreement.
15. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by
the parties to completely state the agreement in full. Any agreement or representation respecting the matters
dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null
and void.
16. Nothing in the provisions of Agreement is intended to create duties or obligations to or rights in third parties
not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any
standard of care with respect to the maintenance of roads different from the standard of care imposed by law.
17. This Agreement may be executed in one or more counterparts and when a counterpart shall have been
signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same
instrument.
18. This Agreement shall terminate 12 months after the filing of a Notice of Completion for PROJECT. In no
event shall construction of the PROJECT be completed later than June 30, 2012, provided that the High
School remains scheduled to open on or before August 15, 2012. In the event that the High School is
scheduled to open after August 15, 2012, the completion date for the PROJECT shall be extended by a
corresponding number of days, so that the PROJECT is completed at least forty-five (45) days prior to the
scheduled opening of the High School.
19. All notices, demands, invoices, and written communications shall be in writing and delivered to the following
addresses or such other address as the PARTIES may designate:
To County: Riverside County Transportation Department
Attention: Juan C. Perez
4080 Lemon Street, 8th Floor
Riverside, CA 92501
Phone: (951)955-6740
Fax: (951)955-3198
Main Street and Michigan Avenue Cooperative Agreement
To District: Colton Joint Unified School District
Attention: Darryl Taylor, Director of Facilities, Planning and Construction
851 South Mt.Vernon Ave
Colton, CA 92324
Phone: (909) 580-6640
Fax: (909) 554-1882
To City: City of Grand Terrace
Attention: Richard Shields, Director of Building and Safety/Public Works
22795 Barton Road, Suite"B"
Grand Terrace, CA 92313
Phone: (909) 825-3825
Fax: (909)825-7506
[Signatures of Parties on Following Page]
Main Street and Michigan Avenue Cooperative Agreement
APPROVALS
COUNTY OF RIVERSIDE COLTON JOINT UNIFIED SCHOOL DISTRICT
RE;AMENDED FOR APPROVAL: APPROVED BY:
IIJ Dated: g/I 1�l - __/Dated7/Z411
J AN C. PEREZ claim R. Ayala
rector of Transportation THE: Assistant Superintendent
Business Services Division
APPROVED AS TO FORM:
APPROVED AS TO FORM:
PAMELA J.WALLS, COUNTY COUNSEL Dated: ?fle
d h
(a• a�q 2.17 Dated: &Jz / BY:
Beputy THE:
APPROVAL BY THE BOARD OF SUPERVISORS: ATTEST:
Dated:
3, Dated: AUG 1 62011 BY:
BOB BUSTER THE:
Chairman, Riverside County Board of Supervisors
CITY OF GRAND TERRACE
APPROV D AS TO FORM: q/
.� I IA DategA,,,
ATTEST: JOHN HA; R yN/�J
City Attorney
A1 y�„„ APPROVED BY THE CITY OF
LI/I % rji{�1(/jI/t - DaterAUG 1 62011 GRAND TERRACE CITY COUNCIL
KECIA a PER-IHEM, _
Clerk of the Board (SEAL) -- - ------__-
ALT STAACKIEWITZ
Mayor
ATTEST:
(7'9T 7.1A. ./fTzar._Dated: 7/A'//
BRENDA MESA
City Clerk
AUG 1 62011 a l3
EXHIBIT A: PROJECT LOCATION MAP
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NOT TO SCALE
Main Street and Michigan Avenue Cooperative Agreement
EXHIBIT B•PROJECT BUDGET FOR MAIN STREET AND MICHIGAN TRAFFIC SIGNAL PROJECT
TASK COpFTY CTY OF
COLTON JOINT GIRAND TOTAL
RIVERSIDE USD TERRACE
CONSTRUCTION
Construction $ 273,000 $ 174,000 , $ 174,000 $ 621,000
Construction Contingency 10% $ 28,000 $ 17,500 $ 17,500 $ 63,000
SUBTOTAL Const $ 301,000 $ 191,500 $ 191,500 $ 684,000
DESIGN/CONSTRUCTION
ENGINEERING
Plans, Specs&Estimates $ 55,000 $ 27,500 $ 27,500 $ 110,000
Advertise&Award 1.0% $ 3,000 $ 2,000 $ 2,000 $ 7,000
Inspection &Testing 14% $ 39,000 $ 25,000 $ 25,000 $ 89,000
Construction Survey 5.0% $ 14,000 $ 9,000 $ 9,000 $ 32,000
SUBTOTAL Const Engr. $ 111,000 $ 63,500 $ 63,500 $ 238,000
TOTAL $ 412,000 $ 255,000 $ 255,000 $ 922,000
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