HomeMy WebLinkAbout1F OCRCity Council Staff Re{)orl
DATE: February 25, 2021 CONSENT CALENDAR
SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF
PALM SPRINGS AND THE CITY OF CATHEDRAL CITY FOR THE
REPLACEMENT OF THE VISTA CHINO DRIVE LOW-WATER
CROSSING BRIDGE AT THE WHITEWATER RIVER, CITY PROJECT
NO. 10-10, FEDERAL-AID PROJECT NO. BR-NBIL (513).
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY:
The requested action will approve a cooperative agreement between the City of Palm
Springs and the City of Cathedral City that defines the cost sharing obligations between
the neighboring agencies of the locally funded portion of the Preliminary Engineering (PE)
phase, the Right of Way (RW) phase, and the Construction (CON) phase of the Project
of the Vista Chino Drive Low-Water Crossing Bridge at the Whitewater River, City Project
No. 10-10, Federal-Aid Project No. BR-NBIL (513).
RECOMMENDATION:
1. Approve Agreement No. __ , an Agreement by and between the City of Palm
Springs and City of Cathedral City for funding the Local Share costs of the Preliminary
Engineering, Right of Way Phase, and the Construction Phase for the Vista Chino
Drive Low-Water Crossing Bridge at the Whitewater River, City Project No. 10-10,
Federal-Aid Project No. BR-NBIL (513); and
2. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
The Engineering Services Department secured federal funding administered by the State
of California Department of Transportation (Caltrans) through its federal Highway Bridge
Program (HBP) to design and construct a new all-weather bridge on Vista Chino across
the Whitewater River. A vicinity map of the project area is included as Attachment 1.
The City has three at-grade crossings of the Whitewater River located on N. Indian
Canyon Dr., Gene Autry Trail, and Vista Chino. When storm events occur, the City is
generally required to close one, two or all three of these critical arterials into and out of
DBMNO. __ i ____ F __
2City Council Staff Report February 25, 2021 --Page 2 Cooperative Agreement CC PSP -Vista Chino Drive Bridge, CP 10-10 the City. These road closures severely disrupt access in the western Coachella Valley, including emergency access to Desert Regional Medical Center. The Coachella Valley Association of Governments (CVAG) adopted the 2010 Update of the Transportation Project Prioritization Study (TPPS), which identifies the estimated costs to construct all-weather bridge crossings in Palm Springs, listed as follows: N. Indian Canyon Drive: Gene Autry Trail: Vista Chino: Total Bridge Crossings: $166,270,000 $225,682,800 $68,638,500 $460,591,300 As the cost impacts to the City and CVAG are more than $450 million to construct the three all-weather bridge crossings at these locations, staff has focused on securing federal funds for the construction of a new bridge on Vista Chino, as it has the shortest length (1/2 mile) across the Whitewater River. STAFF ANALYSIS: The City of Palm Springs and City of Cathedral City share a common jurisdictional boundary along the centerline of Vista Chino Drive. The City of Palm Springs as the lead agency, prepared the Project Study Report (PSR) identifying the project details and overall scope for the Project. The PSR was submitted to Caltrans and approved securing the required HBP funding. Engineering Staff worked with Caltrans to program and authorize $1,000,000 in the HBP to begin the Project Approval and Environmental Document ("PA/ED") Phase of the Project on May 20, 2011. An additional $690,000 in HBP funds were further authorized by Caltrans on April 17, 2012. In January of 2017, Caltrans programed $8,000,000 in HBP funds for the Preliminary Engineering Phase of the project. In September of 2020, Caltrans programmed $8,880,000 for the Right of Way phase of the project. The federal HBP funds cover 88.53% of eligible project costs, requiring 11.47% local match. Total project costs and funding sources for all project phases are identified in Table 1. Table 1 Phase Federal HBP CVAG Regional Palm Springs Cathedral City Totals Funds Measure A Local Measure A Fair Share Preliminary $8,578,557 $833,582 $256,656 $21,211 $9,690,000 Enoineerino Rioht-of-Wav $7,861,464 $763,902 $227,066 $27,572 $8,880,000 Construction $67,663,479 $6,574,891 $2,024,310 $167,310 $76,430,000 Totals $84,103,500 $8,172,375 $2,508,097 $216,093 $95,000,000 Pursuant to funding agreements with CVAG, the local funding match requirements were funded by CAVG with 75% Regional Measure A funds and the remaining 25% appropriately split between Palm Springs and Cathedral City. This reduces the City's responsibility of the $95 million total project cost to approximately $2.5 million, which is funded with the City's Local Measure A funds. .
3City Council Staff Report February 25, 2021 --Page 3 Cooperative Agreement CC PSP -Vista Chino Drive Bridge, CP 10-10 If approved, the cooperative agreement between the City of Palm Springs and Cathedral City will establish each cities' payment obligation of the local share of the Project costs. Staff recommends approval of the cooperative agreement. The City of Cathedral City has already approved and signed the cooperative agreement. A copy of the cooperative agreement is included as Attachment 2. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). In accordance with the CEQA Guidelines, the City acting as "Lead Agency" pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. On January 13, 2016, the City Council adopted and ordered the filing of a Mitigated Negative Declaration for the Project. Subsequently, on January 14, 2016, staff filed a Notice of Determination with the Riverside County Clerk and State Clearinghouse. The Project is funded, in part, by federal funds, requiring local oversight by Caltrans. As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act ("NEPA"). On January 26, 2016, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment ("EA") or Environmental Impact Statement ("EIS"), and that it qualifies for a Categorical Exclusion in accordance with 23 USC 327. FISCAL IMPACT: Approval of the agreement ensures Cathedral City pays its proportional share of the local match for the project, currently estimated at $216,093 of the entire $95,000,000 Project. The City's local share is estimated at $2,508,097. All costs for the Project are funded from Local Measure A, Regional Measure A, and the Federal HBP Grant. No General Fund or Measure J Funds will be required. SUBMITTED: ~ ~ } ~ inn Fagg, ~1() Director of Development Services Marcus L. Fuller, MPA, LS, PE Assistant City Manager ~~-¥ David H. Ready, Ph.D. City Manager Attachments: 1. Vicinity Map 2. Cooperative Agreement
4Attachment 1
5Engineering Services Vicinity Map -ista Cfiino Dnve CITY OF PALM SPRINGS Vista Chino Drive -Low Water Crossin .,. 9-\ ~
6Attachment 2
7COOPERATIVE AGREEMENT BY AND BETWEEN CITY OF PALM SPRINGS AND CITY OF CATHEDRAL CITY FOR THE REPLACEMENT OF THE LOW WATER CROSSING ALONG VISTA CHINO DRIVE OVER THE WHITEWATER RIVER CHANNEL WITH A NEW BRIDGE AND ASSOCIATED STREET IMPROVEMENTS THIS COOPERATIVE AGREEMENT FOR THE REPLACEMENT OF THE LOW WATER CROSSING ALONG VISTA CHINO DRIVE OVER THE WHITEWATER RIVER CHANNEL WITH A NEW BRIDGE AND ASSOCIATED STREET IMPROVEMENTS ("Agreement") is entered into this 13th day of January, 2021, ("Effective Date"), by and between the City of Palm Springs, a California charter city ("Palm Springs"), and the City of Cathedral City, a California charter city ("Cathedral City"), collectively referred to as "parties" or individually as "party". RECITALS WHEREAS, Palm Springs has initiated and is proceeding with the project to replace the low water crossing along Vista Chino Drive over the Whitewater River Channel with a new bridge and associated street improvements ("Project"}, as depicted and/or described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, Palm Springs has prepared a Project Study Report to define the scope and limits of the Project and a Preliminary Project Cost Estimate; and WHEREAS, Palm Springs and Cathedral City share a common jurisdictional boundary between the two cities within the Project Limits; and WHEREAS, the Preliminary Project Cost Estimate is included in Exhibit "A" and has established a total Project cost of $95,000,000 and further defines the parties' proportional shares; and WHEREAS, Palm Springs submitted the Project Study Report to the California Department of Transportation ("Caltrans") to request federal Highway Bridge Program ("HBP") funding for the Project; and WHEREAS, Caltrans approved the request for HBP funding for the Project, and has listed the Project in the Federal Transportation Improvement Program ("FTIP") for funding the Project up to $84,103,500; and WHEREAS, Palm Springs has entered into a separate agreement with the Coachella Valley Association of Governments ("CVAG") for Regional Measure A funding for the Project; and WHEREAS, pursuant to the agreement with CVAG, CVAG has agreed to provide Regional Measure A funds for 75% of the unfunded local portion of qualified Project costs up to $8,172,375; and
8WHEREAS, Palm Springs and Cathedral City wish to define their responsibilities concerning the Project in general and agree to certain cost sharing proportions. NOW, THEREFORE, in consideration of the mutual covenants, obligations and subject to the conditions contained herein, the parties hereto agree as follows: Section 1. Incorporation of Recitals. All of the above Recitals are true and correct and incorporated herein by this reference to the same extent as though set forth in full. Section 2. Scope of Agreement. a. In compliance with all terms and conditions of this Agreement, the parties hereby agree to engineer, construct, finance, operate, and maintain improvements made to Vista Chino Drive from approximately Gene Autry Trail to Carmela Drive. Project improvements include replacing the existing low water crossing in the Whitewater River with a new bridge including four lanes of traffic, a center median, sidewalks, and bike lanes. b. Palm Springs shall act as lead agency and shall be responsible to complete or cause to complete the project management, administration, design, environmental evaluations, right-of-way engineering, construction engineering services, including construction management, inspection, survey, and material testing (collectively referred to herein as "Professional Services"); and Construction of the Project which will be publicly bid to construction contractors and subcontractors (collectively referred to herein as "Contractors"), and thus subject to all California laws governing publically bid projects. c. The Project contemplated herein shall be paid for and constructed in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City in which it is being constructed, County, and any Federal, State, or local governmental agency of competent jurisdiction. d. Palm Springs and Cathedral City shall extend cooperation to each other and proceed under this Agreement in good faith during all phases of the Project to facilitate timely completion of the Project. The parties agree that when any component of the Project is subject to the approval of Cathedral City, Cathedral City shall diligently pursue and provide such approval which shall not be unreasonably withheld. e. Parties shall require all Contractors to comply with applicable Federal, State, and local wage and hour laws for the Project. f. Parties shall require Contractors to obtain such licenses, permits, and approvals as may be required by law for the performance of the Project, and Contractors shall be responsible to pay for any fees, assessments. and taxes,
9plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Project. g. Any Contractor shall warrant that they (a) have thoroughly investigated and considered the Project to be performed, (b) have investigated the site where the Project is to be constructed and fully acquainted with the conditions there existing, (c) have carefully considered how the Project should be completed, and (d) fully understand the facilities, difficulties, and restrictions attending completion of the Project. Section 3. Obligations. a. Palm Springs shall be responsible for the initial payment of Project Costs. b. Cathedral City agrees to pay to Palm Springs a proportional share of the Project costs, as defined in Exhibit "A". c. Cathedral City's obligation for its fair share of costs shall be $21,211 for Preliminary Engineering, $27,572 for Right of Way, and $167,310 for Construction. Cathedral City's maximum obligation for its fair share of costs under this Agreement shall not exceed $216,093, except as provided in Section 4. d. Upon execution of this Agreement, Cathedral City shall deposit $21.211, the amount equal to Cathedral City's fair share for Preliminary Engineering. e. Upon notification from Palm Springs that the Right of Way Phase has begun, the City of Cathedral City shall deposit an additional $27,572, the amount equal to Cathedral City's fair share for Right of Way. It shall be understood that each party shall pay for the full costs associated with the Right of Way acquisition in their respective jurisdictions. f. The balance of Cathedral City's fair share will be deposited with Palm Springs on or before construction award. Palm Springs shall notify Cathedral City of the date the project is advertised for construction. g. Prior to completing the Agreement, Palm Springs shall provide Cathedral City a complete project account record detailing Cathedral City's fair share of actual costs. If the Cathedral City fair share is less than as defined in Exhibit "A", Palm Springs shall reimburse Cathedral City for any unspent monies from the initial deposits. If the Cathedral City fair share is more than as defined Exhibit "A", the parties agree to amend the fair share as provided in Section 4. h. The parties agree to share internal administrative costs associated with delivering the Project in the proportions detailed in Exhibit "A".
10i. As necessary, Cathedral City may submit costs to Palm Springs, and Palm Springs shall endeavor to pay within 30 days of receiving the invoice, for the internal administrative, costs borne by Cathedral City related to the Project. The invoices shall include sufficient detail and information to support the claims as associated with the Project, subject to Palm Springs' review and acceptance. j. The parties agree that the internal administration costs are included in the costs outlined in Exhibit "A11• Palm Springs shall include these costs in the final project account record when determining final share. Section 4. Additional Work. a. In accordance with the tenns and conditions of this Agreement, the parties shall fund and construct the Project as depicted in Section 2 and Exhibit "A". If additional work is required beyond the work contemplated by Section 2 and/or the costs are determined to exceed the total Project Costs in Exhibit "A" ("Additional Work11), Palm Springs shall not authorize any Contractor to perform such Additional Work until receiving prior written authorization from Cathedral City. b. If it is determined that a cost overrun exceeding 15% of the construction bid will occur, the parties shall endeavor to negotiate in good faith among each other and with any Contractor to agree upon an alternative course of action. c. All contract change orders which individually or cumulatively exceed 15% of the bid price as described in Exhibit HA" for the relevant contract bid items shall be submitted by Palm Springs to Cathedral City for review and approval prior to authorization by Palm Springs. Section 5. Palm Springs' Responsibilities. The parties hereby agree that Palm Springs shall be responsible for the following objectives: a. Prepare project approval and environmental documentation for the Project. b. Prepare Plans, Specifications and Estimates (PS&E) for the Project. PS&E shall be prepared in accordance with the standards and practices of the parties based on respective jurisdictional boundaries and all applicable laws and regulations therein. c. Prepare final design documents and drawings for the Project by or under the direction of a Civil Engineer registered and licensed in the State of California. Such specifications plans and reports shall bear the professional seal, certificate and signature of the professional engineer responsible for their preparation.
11d. Apply for a no-fee encroachment permit for work within Cathedral City street rights-of-way, In accordance with Cathedral City standard permit procedures; provided, however, that Cathedral City agrees to cooperate in the issuance of any other required permits necessary for the Project. e. Notify Cathedral City of the official advertising date, bid opening date, construction start date, and overall construction schedule. Palm Springs shall invite a representative from Cathedral City to attend pre-construction. Project status, and final walk through meetings. f. Administer any public works contract change orders for construction of the Project. g. Record a Notice of Completion for the Project and provide Cathedral City's Clerk with a certified copy of the recorded Notice of Completion. h. Maintain all funding agreements with other agencies in good standing and endeavor to maintain the fair share of costs with each agency depicted in Exhibit "A". i. Retain or cause to be retained for audit by Cathedral City for a period of three (3) years from the date of final payment, all records and accounts relating to construction of the Project. j. Upon completion of the Project, furnish Cathedral City a complete set of full-sized reproducible "Drawing of Record" plans. k. Within sixty days of completion of the Project, provide a final accounting of the Project and invoice (or refund) Cathedral City for their portion of the Project Cost that was either overpaid or underpaid. Section 6. Cathedral City Responsibilities. The parties hereby agree that Cathedral City shall be responsible for the following objectives: a. Review the final design documents and recommend the documents for bid. b. Upon application by Palm Springs, issue the necessary encroachment permits for required work within Cathedral City's street right-of-way associated with the Project, free of charge. c. Upon receipt of the Notice of Completion, Cathedral City shall accept full maintenance and upkeep responsibilities for the Project improvements that are located with the City of Cathedral City. d. As a sub-recipient of Federal-Aid Funds subject to the Administering Agency -State Master Agreement Number 5282R, Cathedral City shall comply with 2
12CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC} 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable State and Federal regulations. Section 7. Right of Way Acquisition. a. Palm Springs shall be responsible to complete or cause to complete right-of-way engineering and acquisition. b. Specific to the fact that certain properties and other portions of the Project are located within Cathedral City's jurisdiction, but that the parties agree to Palm Springs acting as the lead agency for the Project, Cathedral City hereby consents to Palm Springs' exercise of the power of eminent domain and agrees to the joint exercise of powers as so required to complete the Project and/or acquisition of properties in Cathedral City or to obtain the property necessary for the Project pursuant to the provisions of California law. Palm Springs shall be responsible for ensuring its compliance with all applicable state and federal laws relating to its acquisition of any such property, as applicable, including, but not limited to: (i} California Constitution Article I, Section 19; (ii) the California Eminent Domain Law (Code Civ. Proc. Section 1230.010 et seq.); (iii) the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs, as amended (42 U.S.C Section 4601 et seq.); (iv) California relocation laws and any implementing regulations (including, but not limited to. Gov. Code, Section 7260 et seq.); (v) general California eminent domain statues (including, but not limited to, Gov. Code, Section 37350.5 and Section 40401 et seq.) and (vi) any other applicable state and federal laws. c. Upon filing the Notice of Completion, Palm Springs shall endeavor to file a Quitclaim Deed to Cathedral City for any property acquired in Cathedral City as a result of this Agreement. Section 8. Indemnifications. a. Palm Springs agrees to indemnify, defend and hold harmless Cathedral City, and their respective officials, officers, agents and employees from and against liability, expenses (including reasonable attorneys' fees), losses, suits and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from Palm Springs' performance or failure to perfonn under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of Cathedral City, in the respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the parties. b. Cathedral City agrees to indemnify, defend and hold harmless Palm Springs, and their respective officials, officers, agents and employees from and against
13liability, expenses (including reasonable attorneys' fees), losses, suits and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from Cathedral City's performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of Palm Springs, in the respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the parties. c. The parties shall require each and every Contractor performing work for the Project to indemnify, defend, and hold harmless, to the maximum extent allowable by law, the Parties for that work performed on the Project by the Contractor. Section 9. Records and Reports. a. Parties shall keep such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the Project ("Books and Records") for three (3) years following completion of the Project. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The parties shall have full and free access to such Books and Records of any other party at all times during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. b. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared for the Project (the "Documents and Materials11} shall be the joint property of all parties. Any party shall be entitled to use or reuse such completed Documents and Materials for other projects and/or use uncompleted documents for any purpose. Section 10. Enforcement of Agreement. a. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and parties covenant and agree to submit to the personal jurisdiction of such court in the event of such action.
14b. In the event of any dispute arising under this Agreement. the injured party shall notify the remaining party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five ( 45) days after service of the notice or as soon thereafter as practicably may be accomplished, provided that if the default is an immediate danger to the health, safety, or general welfare, the injured party may take such immediate action as deemed warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. c. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Parties' consent or approval of any act by any other party requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent act by either party. Any waiver by any party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. d. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by another party. e. In addition to any other rights or remedies. any party may take legal action, at law or at equity, to cure, correct. or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. f. If any party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding. in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys· fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by such party for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to
15attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. Section 11. Officers and Employees; Nondiscrimination. a. No officer, official, employee, agent, representative, or volunteer of any party shall be personally Hable to any party, or any successor in interest, in the event of any default or breach by any party or for any amount which may become due to party or to its successor, or for breach of any obligation of the terms of this Agreement. b. Parties covenant that neither party, nor any officer or principal thereof, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of parties or which would in any way hinder parties' performance of this Agreement. Parties agree to at all times avoid conflicts of interest or the appearance of any conflicts of interest in the performance of this Agreement. c. No officer or employee of any party shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any local or State statute or regulation. d. Parties covenant that, by and for themselves, their heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Parties shall take affirmative action to ensure employees and Contractor's employees and agents are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Section 12. Notice. a. Any notice, demand, or request either party desires, or is required to give to the other party, or to any other person, shall be in writing and shall be served either personally or sent by first class mail, postage pre•paid, to the following addresses:
16City of Cathedral City 68-700 Ave. Lalo Guerrero Cathedral City, CA 92234 Attn: City Manager City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263 Attn: City Manager b. Either party may change its address by notifying the other party in writing of the change of address. Notice shall be deemed communicated at the time personally delivered or after seventy two (72) hours from the time of depositing in the U.S. mail, if mailed as provided in tt,is section. Section 13. Integration. This Agreement supersedes any and all other agreements, either oral or written, between the parties with respect to the subject matter of this Agreement. and contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. Section 14. Interpretation. This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it. Section 15. (Intentionally Deleted]. Section 16. Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein. Section 17. [Intentionally Deleted]. Section 18. (Intentionally Deleted]. Section 19. (Intentionally Deleted]. Section 20. Successors in Interest. This Agreement is and will be binding upon and will inure to the benefit of the parties and their legal successors and assigns. Section 21. Amendments.
17This Agreement may be supplemented. amended or modified only by the written agreement of the parties. No supplement, amendment or modification will be binding unless it is in writing and signed by both parties. Section 22. Counterparts. This Agreement may be executed in counterparts and shall be deemed to be executed on the last date any such counterpart is executed. Section 23. Authority to Enter Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power. right. and authority to make this Agreement and to bind each respective party. Section 24. Captions and Headings. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. ***SIGNATURES ON NEXT PAGE***
18IN WITNESS WHEREOF, this Agreement has been duly executed by the respective parties hereto by their duly authorized officers as of the date hereinabove first written. CITY OF CATHEDRAL CITY CITY OF PALM SPRINGS A CALIFORNIA MUNICIPAL CORPORATION A CALIFORNIA CHARTER CITY ~l M. (2 -~ ~c~~ z, ~ CHARLES P. MCCLENDON, City Manager ATTEST: APPROVED AS TO FORM: d12J£2:J ERIC S. VAIL, City Attorney DAVID H. READY, City Manager ATTEST: ANTHONY J. MEJIA, City Clerk APPROVED AS TO FORM: JEFFREYS. BALLINGER, City Attorney
19VISTA CHINO LOW-WATER CROSSING REPLACEMENT (NEW BRIDGE) AT THE WHITEWATER RIVER PRELIMINARY PROJECT COST ESTIMATE CllY OF PALM SPRINGS AND CITY OF CATHEDRAL OTY SHARES Total Otyof Item Description Cost Palm Springs share CONSTRUCTION COSTS APPROACH ROADWAY Demolition $1,227,105.51 $963,933.41 Storm Drain Improvements $327,124.35 $202,903.03 Dust, Erosion, Stormwater Control $513,547.72 $470,202.41 Street Improvements $1,333,491.85 $739,277.84 Approach Roadway Total Rounded $3,400,000.00 $2,376,300.00 CHANNEL IMPROVEMENTS S 1,230,083.42 $676,545.88 BRIDGE CONSTRUCTION $43,990,896.57 $42,089,566.S7 DETOUR -STAGED CONSTRUCTION $2,332,519.91 $1,922,586.71 10% MOBILIZATION $5,661,500.00 $5,229,400.00 SUBTOTAL CONSTRUCTION COST $S6,615,000.00 $52,294,399.16 Percentage of cost 100.0% 92.37% CONTINGENCIES 20% of Subtotal Construction Cost $11,323,000.00 $10,458,879.83 CONSTRUCTION ENGINEERING 15% of Subtotal Construction Cost $8,492,250.00 $7,844,160.00 TOTAL CONSTRUCTION COST $76,430,250.00 $70,597,438.99 TOTAL CONSTRUCllON COST ROUNDED $76,430,000.00 $70,597,000.00 PRELIMINARY ENGINEERING COSTS PRELfMJNARY ENGINEERING 17% of Subtotal Construction Cost $9,690,000.00 $8,950,500.00 TOTAL PRELIMINARY ENGINEERING COST $9,690,000.00 $8,950,500.00 TOTAL PRELIMINARY ENGINEERING COST ROUNDED $9,690,000.00 $8,951,000.00 Percentage of cost 100.0'6 92.37'6 RIGHT-OF-WAY COSTS (based on affected parcels in each City) Slope, Drainage, and TCE's $510,000.00 $362,100.00 Right of Way Services $480,000.00 $340,800.00 Escalated Value in 4 Years $102,000.00 $72,420.00 UTILITY RELOCATIONS $1,404,000.00 $1,246,500.00 ENVIRONMENTAL MITIGATION Species Mitigation for FESA $4,994,000.00 $4,612,880.50 Aquatics Mitigation $1,341,000.00 $1,238,660.94 Agency Fee Payments $49,000.00 $45,260.54 TOTAL RIGHT OF WAY COST $8,880,000.00 $7,918,621.98 TOTAL RIGHT OF WAY COST ROUNDED $8,880,000.00 $7,919,000.00 Precentage of cost 100.0% 89.17% atyof C.thedral Oty share $263,172.10 $124,221.32 $43,345.31 $594,214.01 $1,025,000.00 $553,537.54 $1,901,330.00 $409,933.20 $432,200.00 $4,322,000.74 7.63% $864.400.15 $648,300.00 $5,834,700.89 $5,835,000.00 $739,700.00 $739,700.00 $740,000.00 7.63% $147,900.00 $139,200.00 $29,580.00 $157,500.00 $381,242.99 $102,372.22 $3,740.67 $961,535.87 $962,000.00 10.83% !TOTAL PROJECT COST $9s,ooo,ooo.ool $87,461,000.001 $1,s31,ooo.ool Precentoge of cost 100.0" 92.07'>' 7.939' 2/28/2017
20VISTA CHINO LOW-WATER CROSSING REPLACEMENT (NEW BRIDGE) AT THE WHITEWATER RIVER PROJECT COST ESTIMATE FUNDING SOURCE BREAKDOWN 88.S3%of Total Local Match 11.47% ofTotal 75%oflocal Match 25% of Local Match CVAG Palm Springs Cathedral HBPFederal Regional Local Measure City Fair Phase Funding Measure A "A" @ Share • Total Preliminary Engineering $8,578,557 $833,582 $256,656 92.37,t, $21,211 7.639' $9,690,00(J Right of Way $7,861,464 $763,902 $227,066 89.1.7" $27,572 10.83" $8,880,000 Construction $67,663,479 $6,574,891 $2,024,375 92.37" $167,310 7.63% $76,430,000 Total $84,103,500 $8,172,375 $2,508,097 92.0"" $216,093 7.939' $95,000,00CJ 2/28/2017
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