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9[/F0RN� Cif/ Council Staff Report
Date: September 2, 2009 CONSENT CALENDAR
Subject: COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FOR
CONSTRUCTION OF THE GENE AUTRY TRAIL UPRR BRIDGE
WIDENING PROJECT (CITY PROJECT 01-04)
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
A Cooperative Agreement between Riverside County and the City of Palm Springs has
been prepared that will allow the County to administer the construction phase of the
Gene Autry Trail UPRR Bridge Widening Project (City Project 01-04).
RECOMMENDATION:
1) Approve the Cooperative Agreement between Riverside County and the City of
Palm Springs for the Gene Autry Trail UPRR Bridge Widening Project (City
Project 01-04); and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Riverside County, Lead Agency for the Palm Drive/Gene Autry Trail at Interstate-10
Interchange Project (”I-10 Project"), started the preliminary analysis and environmental
phase of the 1-10 Project on July 7, 1999. The first project schedule estimated start of
construction for the 1-10 Project by July 2001 and completion by September 2002.
However, as the environmental phase progressed through Caltrans and the Federal
Highway Administration ("FHWA"), the schedule continued to be delayed. The County's
experience on the 1-10 Project, and subsequently the City's experience on the Indian
Canyon Drive 1-10 Interchange Project, has been extremely frustrating pursuing project
approvals from Caltrans and FHWA. Comments by Caltrans staff on the various
studies, reports, plans and documents often led to continued delays, requiring revised
documents and additional Caltrans comments, and so on. Ultimately, the County
obtained environmental clearance on the 1-10 Project on April 26, 2006.
ITEM NO. z �r.
City Council Staff Report
September 2, 2009 - Page 2
Gene Autry Trail UPRR Bridge Cooperative Agreement
The 1-10 Project replaces the existing Gene Autry Trail 1-10 overpass with a new 6-lane
bridge crossing, and extends the 6-lane roadway width south to the Salvia Road/Micro
Place intersection which is being relocated approximately 100 feet south of its current
location to accommodate the new eastbound on/off ramps. The 1-10 Project originally
planned to transition Gene Autry Trail from the new 6-lane width to match the existing 2-
lane width at the north side of the Gene Autry Trail UPRR bridge. In addition, the 1-10
Project will raise the existing profile of Gene Autry Trail by as much as 7 feet at the new
Salvia Road/Micro Place intersection, predominantly due to the need to provide more
clearance under the 1-10 overpass.
Separately, the Public Works and Engineering Department began to plan for widening
Gene Autry Trail between 1-10 and Vista Chino to facilitate the widened Gene Autry Trail
1-10 Interchange. The widening of Gene Autry Trail consists of two separate City
projects: City Project 01-04 will widen Gene Autry Trail from two to six lanes from
Salvia Road/Micro Place across the Union Pacific Railroad bridge, and City Project 02-
03 widened Gene Autry Trail from two to four lanes through the Whitewater River and
from two to six lanes between Vista Chino and Via Escuela. City Project 02-03 was
completed in 2008.
The Public Works and Engineering Department was successful in obtaining a federal
grant to widen the Gene Autry Trail bridge over the Union Pacific Railroad in the amount
of $4,340,000 and began the preliminary analysis and environmental phase of City
Project 01-04 on May 16, 2003. The expectation was that City Project 01-04 would
follow the County's construction of the 1-10 Project, however, that expectation did not
occur given the continued delays with the 1-10 Project as the County coordinated with
Caltrans for required approvals.
The City obtained environmental clearance on City Project 01-04 on May 18, 2006, at
about the same time that the County obtained its environmental clearance on the 1-10
Project. Subsequently, the City completed the final design of City Project 01-04, having
to coordinate the design with the adjacent 1-10 Project given the fact that City Project
01-04 overlaps the County's 1-10 Project. The County's 1-10 Project will be
reconstructing Gene Autry Trail between the north side of the UPRR bridge, raising the
road profile and transitioning from 6-lanes down to 2-lanes at the bridge. City Project
01-04 will be widening Gene Autry Trail from 4-lanes south of the bridge to 6-lanes at
the bridge, extending the 6-lane width over the bridge and to the new Salvia Road/Micro
Place intersection.
Although the design of City Project 01-04 was completed in 2008, and staff could have
moved forward with its construction, in consultation with County staff it was determined
that the overlap of the two projects presented several logistical issues. It was feared
that having two separate projects under construction with overlapping areas of work
would create too many challenges and the risk of one contractor's work impacting the
other contractor's work prompted the County and City to consider combining the
City Council Staff Report
September 2, 2009 - Page 3
Gene Autry Trail UPRR Bridge Cooperative Agreement
County's 1-10 Project with City Project 01-04 such that it would be bid and constructed
by one contractor at the same time. This will also ensure that the construction is
phased and traffic delays are coordinated and reduced. The benefits to delaying City
Project 01-04 until the County was prepared to move forward with construction of the I-
10 Project outweighed all of the challenges posed by the City advancing its own
construction ahead of the County's.
In order to facilitate the County assuming the City's responsibility administering the
construction phase of City Project 01-04, the County prepared a cooperative agreement
that outlines the City's and County's respective responsibilities. Since the City is the
Lead Agency on City Project 01-04, the City has the ultimate liability for 100% of all of
the costs incurred by the County in administering the construction phase. The
cooperative agreement simply memorializes the City's obligation to reimburse the
County for all of its costs associated with City Project 01-04, and the County's
obligations to ensure the efficient administration of City Project 01-04 in accordance
with all applicable Caltrans rules and regulations relating to the federal grant that is
funding a majority of the costs.
It is anticipated that the combining of the County and City project as one project will
allow for greater economy of scale, and given the currently competitive bidding
environment (some state highway projects recently bid have come in as much as 30%
under the Engineer's Estimate), there is a good opportunity to realize significant
savings.
FISCAL IMPACT!
The final estimated cost for the Gene Autry Trail UPRR Bridge Widening, City Project
01-04, is $6,980,000. Using the standard 75% Regional Measure A / 25% Local
Agency funding commitment, CVAG's share of the cost is estimated at $5,235,000 and
the City's share of the cost is estimated at $1,745,000. However, the City's $4,340,000
federal grant for City Project 01-04 more than offsets the City's share, providing an
estimated "credit" of $2,595,000 after applying the federal grant to the City's $1,746,000
estimated share, which will be applied to the City's shares of the other Gene Autry Trail
project and the 1-10 Project costs.
The Cooperative Agreement requires that the City deposit $630,000 (10% of the
estimated construction cost of $6,300,000) with the County prior to the County's award
of the construction contact. Subsequently, the County will invoice the City for
construction expenses as they are incurred by the County. As 100% of the City's share
of City Project 01-04 is covered by the federal grant, ultimately the City will recover its
expenses through reimbursement from CVAG and the federal grant.
City Council Staff Report
September 2, 2009 - Page 4
Gene Autry Trail UPRR Bridge Cooperative Agreement
Sufficient funds are available in Regional Measure A account 134-4497-50214 (Gene
Autry RR Bridge) to cover the $630,000 deposit with the County. All costs for this
project will be covered by Regional Measure A and federal grant funds. No local
Measure A or local General Funds will be required.
SUBMITTED:
David J. Barakian Thomas J. Wil 'n
Director of Public Works/City Engineer Assistant City Manager
David H. Ready,
City Manager
Attachments:
1. Cooperative Agreement
Gene Autry Trail Bridge Widening Project
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AGREEMENT BY AND BETWEEN
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RIVERSIDE COUNTY
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AND
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CITY OF PALM SPRINGS
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FOR ROADWAY IMPROVEMENT ON
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GENE AUTRY TRAIL IN THE.
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CITY OF PALMS SPRINGS CITY LIMITS
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This Agreement entered into this day of , 2009, by and between the County of
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Riverside, (hereinafter"COUNTY"), and the City of Palm Springs, (hereinafter "CITY") for the provision of certain
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roadway improvements on Gene Autry Trail located within the jurisdictional boundaries of the CITY.
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RECITALS
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A. CITY has determined that there is great need for the bridge and roadway improvements on Gene Autry Trail
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(hereinafter"PROJECT") as shown in Exhibit A(Vicinity Map).
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B. CITY desires to have the COUNTY take a lead role in incorporating the PROJECT with the COUNTY's Palm
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Drive/Gene Autry Trail Interchange Project at Interstate 10 in an interest to coordinate the construction of the
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projects and to reduce overall costs by processing the two separate projects as one project.
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C. COUNTY and CITY desire to designate COUNTY as the lead agency for the PROJECT and COUNTY will
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therefore provide the administrative, technical, managerial, and support services necessary to construct the
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project.
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D CITY desires to define herein the terms and conditions under which said PROJECT is to be administered,
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environmentally cleared, engineered, coordinated, constructed, managed, maintained and financed.
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AGREEMENT
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NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as
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follows,
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SECTION 1 • CITY AGREES:
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1. To fund one hundred percent (100%) of the cost of the preparation of plans, specifications and estimates
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(PS&E), preparation of an environmental document (ED) and obtaining environmental clearance, providing
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Cooperative Agreement
Gene Autry Trail Bridge Widening Project
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utility coordination and relocation of impacted utilities, and advertising, awarding and administering a public
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works construction contract necessary to construct PROJECT improvements that are located within the
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jurisdictional boundaries of the CITY. The estimated costs for CITY's improvements are provided in Exhibit
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"B" attached hereto and incorporated herein Any costs in excess of 10% of those set forth on Exhibit "B"
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shall be approved in writing by the CITY prier to the COUNTY incurring said costs.
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2. To prepare, or cause to be prepared, detailed PS&E documents for the PROJECT and submit to County for
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review at appropriate stages of development. Final plans for improvements within the CITY's right of way
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shall be signed by a Civil Engineer registered in the State of California. Deviations from standards shall be
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coordinated with and approved by COUNTY COUNTY shall not solicit construction bids until CITY has an
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approved PS&E documents for the PROJECT.
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3. To identify and locate all utility facilities within the PROJECT area as part of its PROJECT design
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responsibility. If any existing public and/or private utility facilities conflict with PROJECT construction, CITY
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shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or
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removal. All utility facilities shall be identified on the PROJECT plans and specifications, and conflicting
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utilities shall be denoted. CITY shall require the utility owner and/or its contractors performing the relocation
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work within CITY's right of way to obtain a CITY encroachment permit prior to the performance of said
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relocation work.
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4. To prepare an environmental document and to obtain necessary environmental clearances in accordance
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with the California Environmental Quality ACT (CEQA) and National Environmental Policy Act(NEPA).
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5. To prepare and obtain railroad agreement for the construction of PROJECT over the Union Pacific Railroad
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tracks.
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S. To provide, at no cost to COUNTY, oversight of PROJECT and to provide prompt reviews and approvals, as
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appropriate, of submittals by COUNTY, and to cooperate in timely processing of PROJECT.
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7. To issue, at no cast to COUNTY or it contractors, upon proper application by COUNTY or COUNTY's
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contractor, an encroachment permit authorizing entry onto CITY's right of way to perform survey and other
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investigative activities required for preparation of the ED, PS&E or Construction of project.
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S. To provide a representative to coordinate through the COUNTY's Resident Engineer during the construction
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Cooperative Agreement
Gene Autry Trail Bridge Widening Project
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of PROJECT and to verify that facilities are constructed in accordance with the approved PS&E documents as
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required by this agreement. It is mutually understood that CITY personnel may observe and inspect all work
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being done on Project, but shall provide any comments to COUNTY personnel who shall be solely
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responsible for all communications with COUNTY contractor.
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9. To pay any costs associated with the assistance of the preparation of the PS&E, advertising, awarding and
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administering of the construction contract for the PROJECT retroactive to March 4, 2009.
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10, To deposit with COUNTY, prior to award of the construction contract for the PROJECT, $630,000, which is
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ten percent (10%) of the total estimated PROJECT costs for which CITY is responsible for paying, as shown
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on Exhibit"B" attached hereto. [The remaining balance will be paid to the COUNTY within 30 days of receipt
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of COUNTY billing for a portion of the actual expenditures for the month and continue making such payments
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on a monthly basis until completion of construction, capital and support activities for the PROJECT].
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SECTION 2• COUNTY AGREES:
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1. To review the special provisions and specifications package
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2. To advertise, award and administer a public works contract for the construction of PROJECT in accordance
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with all applicable laws, including but not limited to the local Agency Public Construction Code, the California
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Labor Code, and in accordance with the permit issued by the Riverside County Transportation Department
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3. To make written application to CITY for an encroachment permit authorizing entry into CITY's right of way for
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the purposes of constructing PROJECT.
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4. To furnish a representative to perform the function of Resident Engineer during construction of PROJECT.
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The Resident Engineer shall be a Licensed Civil Engineer. If the PROJECT plans and specifications are
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prepared by a private engineering company, the Resident Engineer shall not be an employee of that
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company. The Resident Engineer shall also be independent of the construction contractor.
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5 To furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys,
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soils and foundation tests, measurement and computation of quantities, testing of construction materials,
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checking shop drawings, preparation of estimates and reports, preparation of as-built drawings, and other
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inspection and staff services necessary to assure that the construction is performed in accordance with the
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PS&E documents.
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Cooperative Agreement
Gene Autry Trail Bridge Widening Project
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5. To construct PROJECT in accordance with approved PS&E documents.
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7. To provide material testing and quality control conforming to the Caltrans Standard Testing Methods as
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provided in Chapter 16 of the Local Assistance Procedures Manual, and to have this testing performed by a
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certified material tester-
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8. To submit any contract change order that causes the construction contract to exceed 10% of the contract bid
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amount to CITY for review and approval prior to final authorization by COUNTY,
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9. To furnish CITY a complete set of full-sized film positive reproducible as-built plans and all contract records,
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including survey documents, within sixty (60) days following the completion and acceptance of the PROJECT
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construction contract. CITY also desires electronic copies of completed plans if available. If electronic copies
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are provided it is requested that they be provided on CD-R media.
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10. To furnish CITY a final reconciliation of project expenses within ninety (90) days following the completion and
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acceptance of the PROJECT construction contract. If final costs associated with the CITY's improvements
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are in excess of the deposit provided in Section 2, COUNTY shall include a final bill with the financial
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reconciliation. If final costs associated with the CITY's improvements are less than the deposit provided in
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Section 2, COUNTY shall include a reimbursement for the difference with the financial reconciliation.
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SECTION 3• IT IS MUTUALLY AGREED AS FOLLOWS:
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1. The total cost of PROJECT is estimated to be`b 6,300,000 as detailed in Exhibit"B".
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2. COUNTY shall not be obligated to award a contract to construct PROJECT until after receipt of CITY's
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deposit as required in Section 2.
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3. If upon opening of bids for construction of PROJECT and if the bids indicate a cost overrun of no more than
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15% of the construction costs estimate as described in Exhibit "B" will occur, COUNTY may award the
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contract.
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4. If upon opening of bids, it is found that a cost overrun exceeding fifteen percent (15%) of the Total Estimate
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Cost will occur, COUNTY and CITY shall endeavor to agree upon an alternative course of action. If, after
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thirty (30) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this
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Agreement shall be deemed to be terminated by mutual consent, with each agency sharing incurred costs in
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accordance with the cost shares as set forth in Section I, Article (1), Section II, Article (1).
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Cooperative Agreement
Gene Autry Trail Bridge Widening Project
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5. Construction by COUNTY of improvements referred to herein which lie within CITY rights of way shall not be
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commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has
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been issued by CITY.
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6. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the
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PROJECT construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily
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Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage,
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and a policy of Automobile Liability Insurance in the amount of$1,000,000 minimum. Endorsements to each
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policy shall be required which name the CITY, its officers, officials, agents and employees as additionally
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insured. COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance.
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COUNTY shall provide Certificates of Insurance and Additional Insured Endorsements which meet the
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requirements of this section to CITY prier to the start of construction.
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7. Ownership and title to all materials, equipment, and appurtenances installed as part of this agreement will
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automatically be vested with the jurisdiction for which the improvements reside and no further agreement will
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be necessary to transfer ownership.
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8. Neither COUNTY nor CITY shall be responsible for any maintenance of the improvements provided by
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PROJECT that are located outside of their respective right of way boundaries.
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9. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by
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both parties and no oral understanding or agreement not incorporated herein shall be binding on either party
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hereto.
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10. COUNTY and CITY shall retain or cause to be retained for audit for a period of three (3) years from the date
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of final payment, all records and accounts relating to PROJECT,
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11, Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability
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occurring by reason of anything done or omitted to be done by CITY under or in connection with any work,
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authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to
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Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability
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imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or
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omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY
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Cooperative Agreement
Gene Autry Trail Bridge Widening Project
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under this Agreement.
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12 Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by
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reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or
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jurisdiction delegated to COUNTY under this Agreement It is further agreed that pursuant to Government
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Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for
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injury (as defined by Government Code Section 810 8) occurring by reason of anything done or omitted to be
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done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under
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this Agreement.
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13. This agreement and the exhibits herein contain the entire agreement between the parties, and are intended
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by the parties to completely state the agreement in full. Any agreement or representation respecting the
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matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this
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agreement, is null and void.
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14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third
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parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing
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any standard of care with respect to the maintenance of roads different from the standard of care imposed by
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law.
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15. This agreement may be executed in one or more counterparts and when a counterpart shall have been
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signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same
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instrument.
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16. This Agreement shall terminate upon completion of the PROJECT or upon mutual agreements of the parties.
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Cooperative Agreement
Gene Autry Trail Bridge Widening Project
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APPROVALS
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COUNTY Approvals CITY OF PALM SPRINGS Approvals
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APPROVED AS TO FORM: APPROVED AS TO FORM.
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Dated: Dated:
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PAMELA J. WALLS DOUGLAS C. HOLLAND
8 City Attorney
County Counsel
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APPROVAL BY THE BOARD OF SUPERVISORS APPROVED BY:
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I
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Dated. Dated:
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JEFF STONE DAVID H. READY
15 PRINTED NAME
Chairman, Riverside County Board of Supervisors City Manager
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17 ATTEST.
ATTEST:
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20 Dated:
Dated:
21 James Thompson
Keoia Harper-Them
22 City Clerk (SEAL)
Clerk of the Board (SEAL)
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Cooperative Agreement
Gene Autry Trail Bridge Widening Project
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9 GENE AUTRY TRAIL WIDENING - CITY PROJECT NO. 01-04
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PALM SPRINGS, CALIFORNIA
11 FEDERAL PROJECT NO. RPMSTPL 5282(018)
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18 V157A CHINO (SR-111)
19 PALM SPRINGS
RAMON ROAD
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v CATHEDRAL CITY
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23 VICINITY MAP
NO SCALE
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Cooperative Agreement
Gene Autry Trail Bridge Widening Project
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EXHIBIT B• PROJECT COST ESTIMATE
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TASK CITY COUNTY TOTAL
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Preliminary Survey $0 $0 $0
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7 Plans, Specs& Estimate $50,000 $0 $50,000
8 Environmental So $0 $0
g Utilities so $0 $0
Construction (Includes 10%
10 Contingency) $5,500.000 $0 $5,500,000
Construction Engineering and
11 Inspection $500,000 so $500.000
12 Construction Survey 5250.000 $0 $250,000
13 TOTALS $6,300,000 $0 $6,300.000
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Cooperative Agreement