HomeMy WebLinkAbout05969 - COUNTY OF RIVERSIDE CONSTRUCTION COOP AGR FOR INDIAN CYN/I10 INTCHG PROJECT Sabrina Kaye
From: Carrie Rovney
Sent: Monday, November 03, 2014 6:19 PM
To: Kathie Hart; Dave Barakian
Cc: Jay Thompson;Tabitha Richards; Savat Khamphou
Subject: RE:A5969 - Riverside CountyZi
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�V
NO, please do NOT close this agreement /
From: Kathie Hart
Sent: Sunday, October 26, 2014 1:18 PM
To: Dave Barakian
Cc: Jay Thompson; Carrie Rovney; Tabitha Richards; Savat Khamphou
Subject: A5969 - Riverside County
This agreement was for the Construction Administration, Indian Canyon & 1-10 Interchange Project.
Since the project has been completed, ok to close?
Please advise. Thank you.
Kathie Hari, MhfC
Chief Deputy City Clerk
Cl ty of Palm Springs PW(760)323-8206
3200 E. Tahquitz Canyon Way A (760)322-8332
Polm Springs, CA 92262 6 9K0thie.14art@Pa1m5arinosCA.gav
Please note that City Hull is Open 8 a.m. to 6 pm,.Monday through Thursday,and closed on Fridays at this time.
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rualitract No.
-IiV2rside Co. Tr,an�-.00F+a- bOn
Indian Canyon Drive/ Interstate 10 interchange Project
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Gfi i CONSTRUCTION COOPERATIVE AGREEMENT
2 PALM Grail L:A 92263 BY AND BETWEEN
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RIVERSIDE COUNTY AND THE CITY OF PALM SPRINGS
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FOR
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INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE PROJECT
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This Agreement entered into this e-�� da of !�1 2010 b and between the Count of
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Riverside, (hereinafter "COUNTY"), and the City of Palm Springs, (hereinafter "CITY") related to the construction
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of certain improvements on Indian Canyon Drive, Garnet Avenue, 20th Avenue, and Interstate 10 located within
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the jurisdictional boundaries of the COUNTY and CITY is made with reference to the following background facts
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and circumstances:
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RECITALS
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A. CITY is the original Lead Agency for the design and construction of planned improvements to the Indian
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Canyon Drive at Interstate 10 Interchange Project (hereinafter "PROJECT"), which includes improvements to
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Indian Canyon Drive, Garnet Avenue and 20th Avenue located in the CITY and COUNTY, generally shown in
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Exhibit A (Vicinity Map).
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B. CITY and COUNTY are parties to a separate agreement with the Coachella Valley Association of
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Governments (hereinafter "CVAG") entitled "Indian Avenue Interstate 10 Interchange, Design Engineering
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and Environmental", originally executed December 6, 2000, (hereinafter "CVAG AGREEMENT"). The CVAG
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AGREEMENT, and its subsequently approved amendments, obligates and authorizes for expenditure
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Regional Measure A funds from CVAG for the PROJECT.
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C. The PROJECT is subject to formal oversight by the state of California, Department of Transportation,
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(hereinafter"CALTRANS").
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D. CITY previously requested, by letter dated August 26, 2008. that COUNTY advertise, award and administer
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(hereinafter "AAA") the PROJECT pursuant and subject to CALTRANS rules and regulations; a copy of
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CITY's letter is included as Exhibit 8.
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E. COUNTY previously approved CITY's request to AAA the PROJECT for the CITY, and subsequently
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requested, by letter dated October 3, 2008, CALTRANS approval to AAA the PROJECT for the CITY; a copy
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Cooperative Agreement
MAY 2 5 2010
4 Indian Canyon Drive/ Interstate 10 Interchange Project
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of COUNTY's letter is included as Exhibit C.
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F. CALTRANS, by letter dated December 22, 2008, previously approved COUNTY's request to AAA the
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PROJECT for the CITY; a copy of CALTRANS' letter is included as Exhibit D.
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G. CITY and COUNTY are parties to a separate agreement with CALTRANS entitled "Construction Cooperative
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Agreement, District Agreement No. 8-1433 and District Agreement No. 8-1433 AM," (hereinafter"CALTRANS
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AGREEMENT"), which formally authorizes COUNTY to AAA the PROJECT for the CITY; a copy of the
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CALTRANS AGREEMENT is included as Exhibit E.
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H. CITY and COUNTY desire to define herein the terms and conditions under which the PROJECT is to be
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administered, environmentally cleared, engineered, coordinated, constructed, managed, maintained and
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financed, in accordance with the terms of the CALTRANS AGREEMENT referenced herein.
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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. As the original Lead Agency of the PROJECT, to fund one hundred percent (100%) of the cost of the
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preparation of plans, specifications and estimates (PS&E), preparation of an environmental document (ED)
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and obtaining environmental clearance, providing utility coordination and relocation of impacted utilities, and
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advertising, awarding and administering a public works construction contract necessary to construct
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PROJECT improvements that are located within the jurisdictional boundaries of the CITY and COUNTY,
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subject to the terms of the CVAG AGREEMENT and CALTRANS AGREEMENT referenced herein. The final
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estimated cost to AAA the PROJECT is shown on Exhibit F attached hereto and incorporated herein, said
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final estimated cost to AAA the PROJECT being slightly higher than the $30,762,000 cost estimate identified
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in the CALTRANS AGREEMENT referenced herein. Any costs in excess of 10% of those set forth on Exhibit
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F shall be approved in writing by the CITY prior 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 approved by CALTRANS
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for bidding. COUNTY shall not solicit construction bids until CITY has CALTRANS approved PS&E
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documents for the PROJECT, and CALTRANS has authorized CITY to proceed with construction of the
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Cooperative Agreement
Indian Canyon Drive/ Interstate 10 Interchange Project
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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 ED and to obtain necessary environmental clearances in accordance with the California
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Environmental Quality ACT(CEQA) and National Environmental Policy Act (NEPA).
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5. 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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6. To issue, at no cost 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 by the ED, PS&E documents, or construction of PROJECT.
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7. To provide a representative to coordinate through the COUNTY's Resident Engineer during the construction
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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's contractor.
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8. To deposit with COUNTY, prior to award of the construction contract for the PROJECT, the sum of
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$3,110,000 equivalent to ten percent (10%) of the final estimated cost to AAA the PROJECT as shown on
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I Exhibit F, costs for which CITY is initially responsible as the original Lead Agency of PROJECT pursuant to
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the CVAG AGREEMENT and CALTRANS AGREEMENT referenced herein.
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9. Upon depletion of CITY's initial deposit, to pay COUNTY within 30 days of COUNTY's continuous billing, for
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the actual expenditures for that month, and to continue making such payments on a monthly basis until
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completion of construction, capital and support activities for the PROJECT.
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Cooperative Agreement
Indian Canyon Drive/ Interstate 10 Interchange Project
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10. Upon PROJECT completion and acceptance, subject to approval by CALTRANS, CITY will fund the operation
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and maintenance of all PROEJCT facilities until a Maintenance Agreement with Caltrans is executed or an
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existing agreement, if any, is amended to incorporate the maintenance of these new PROJECT facilities
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located on the State Highway System.
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11. To comply with CITY's obligations set forth in Section I of the CALTRANS AGREEMENT referenced herein.
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SECTION 2• COUNTY AGREES:
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1. To AAA the PROJECT in accordance with all applicable laws, including but not limited to the Local Agency
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Public Construction Act, the California Labor Code, the CALTRANS AGREEMENT referenced herein, and in
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accordance with the permit issued by the Riverside County Transportation Department.
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2. 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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3. To issue, at no cast to CITY, upon proper application by COUNTY's contractor, an encroachment permit
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authorizing entry onto COUNTY's right of way to perform survey and other investigative activities required by
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the ED, PS&E documents, or construction of 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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subject to CALTRANS approval. The Resident Engineer shall be a Licensed Civil Engineer. If the PROJECT
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PS&E documents are prepared by a private engineering company, the Resident Engineer shall not be an
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employee of that company. The Resident Engineer shall also be independent of the construction contractor.
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5. To furnish qualified support staff, subject to CALTRANS approval, to assist the Resident Engineer with
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construction support services including, but not limited to, construction surveys, soils and foundation tests,
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measurement and computation of quantities, testing of construction materials, checking shop drawings,
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preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services
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necessary to assure that the construction is performed in accordance with the CALTRANS approved PS&E
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documents.
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6. To construct PROJECT in accordance with the CALTRANS approved PS&E documents.
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7. To provide material testing and quality control conforming to the CALTRANS Construction Manual,
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Construction Manual Supplement for Local Agency Resident Engineer, Local Agency Structure
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Cooperative Agreement
Indian Canyon Drive/ Interstate 10 Interchange Project
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Representative Guideline, and CALTRANS' California Test Methods, and to have this testing performed by a
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material tester certified by CALTRANS.
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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, and electronic copies of as-built plans on CD-R media.
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10, To furnish CITY a final reconciliation of all expenses within ninety (90) days following the completion and
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acceptance of the PROJECT construction contract.
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11. To comply with COUNTY's obligations set forth in Section II of the CALTRANS AGREEMENT referenced
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herein.
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SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
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1. The final estimated cost to AAA the PROJECT is $31,100,000 as shown on Exhibit F, said final estimated
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cost to AAA the PROJECT being slightly higher than the $30,762,000 cast estimate identified in the
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CALTRANS AGREEMENT referenced herein
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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 1.
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3. COUNTY shall award a contract to construct PROJECT in accordance with the CALTRANS Construction
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Manual, and the CALTRANS Plans, Specifications and Estimates Guide, or as otherwise required by
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COUNTY in a manner consistent with the cited CALTRANS documents. Generally, in accordance with the
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cited CALTRANS documents, following review and confirmation of all submitted bids, COUNTY shall
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immediately process award documents to the lowest responsive, responsible bidder if the lowest responsive
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bid received is not more than 10% over the Engineer's Estimate of construction of PROJECT of$26,600,000
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as shown on Exhibit F. In the event the lowest responsive bid received is more than 10% over the Engineer's
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Estimate of construction of PROJECT of $26,600,000 as shown on Exhibit F, COUNTY shall make an
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appropriate recommendation for award in consultation with CALTRANS and CITY. Following COUNTY's
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determination of a recommendation for award. COUNTY shall immediately process the appropriate action at
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Cooperative Agreement
Indian Canyon Drive/ Interstate 10 Interchange Project
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the next available COUNTY Board of Supervisor's meeting.
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4. It is expressly understood by CITY and COUNTY that construction of PROJECT is a high priority for CITY,
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COUNTY and CVAG. In the event the lowest responsive bid received is more than 10% over the Engineer's
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Estimate of construction of PROJECT of $26,600,000 as shown on Exhibit F, CITY and COUNTY shall
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endeavor to facilitate award of a contract for construction of PROJECT in consultation with CVAG, including, if
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necessary, further amendment of the CVAG AGREEMENT to increase the total amount obligated and
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authorized for expenditure of Regional Measure A funds from CVAG for the 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 General Liability Insurance, including coverage of Bodily Injury
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Liability and Property Damage Liability, that complies with all coverage requirements with Section 7-1.12 of
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CALTRANS' then effective Standard Specifications. Such policy shall contain an additional insured
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endorsement naming CALTRANS and CITY, and their officers, agents, and employees as additional insureds.
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This insurance coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to CALTRANS
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which shall be delivered to CALTRANS before the issuance of an encroachment permit to COUNTY's
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construction contractor.
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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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Cooperative Agreement
Indian Canyon Drive/ Interstate 10 Interchange Project
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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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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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29 7
Cooperative Agreement
Indian Canyon Drive/ Interstate 10 Interchange 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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`bated:` Q ® Dated:
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PAMELA J. WALLS D UGLAS C. HOLLAND
8 City Attorney
County Counsel
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APPROVAL BY THE BOARD OF SUPERVISORS APPROVED BY:
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12 13 5 2010 r�( Date o.
m..._.. Dated:
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MARION ASHLEY DAVID H. RE
15 PRINTED NAME
Chairman, Riverside County Board of Supervisors City Manager
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17 ATTEST:
ATTEST:
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19 /
20 J / Dated: MAY 2 5 2010 _.W..._ __ __ a
21 ames Thompson
Kecia Harper-Them
22 City Clerk (SEAL)
Clerk of the Board (SEAL)
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24 APPROVED BY CITY COUNCIL
Ci-1Y GF PAt.;'A 9;F'RNC3
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JA 92253
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Cooperative Agreement MAY 2 6 2010 _ ', ,—
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Indian Canyon Drive/ Interstate 10 Interchange Project
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EXHIBIT B
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III Cooperative Agreement
�7ALMSp -
City of Palm Springs
V N
Deparanent of Public Works and Eagirteering
• q+° * 3200 E.Tahquitz(:myon Way - Palm Springs,California 92262
k p OWvN P 'nh(760)323.3253 • Pax:(760)322-s360 • Web:www.ei.palm-springs.ra.i's
IFOR��
August 26, 2008
Mr. Scott Staley
Engineering Division Manager
Project Development
Riverside County Transportation Department
352514th Street
Riverside, CA 92501
Re: Indian Avenue Interchange; EA 08-45570
Dear Mr. Staley:
Although the City of Palm Springs was previously recommended for approval by Caltrans District 8 to
advertise, award and administer(°AAA")the construction of the Indian Avenue interchange, upon review
by FHWA, FHWA questioned the City's experience on prior Interchange projects. We subsequently
resubmitted a letter to Caltrans District 8 requesting approval to AAA the Indian Avenue Interchange
despite our apparent lack of experience administering construction projects. We have recently received
formal denial by Caltrans District 8 to AAA this project_
Therefore,by this letter,we respectfully request that the Riverside County Trans potation Departmenttake
responsibility for the AAA of the Indian Avenue Interchange. In retrospect, given that your agency will be
coordinating the AAA of.the Palm Drive/Gene Autry Trail Interchang a and the Date Palm Drive
Interchange, it is likely best that construction of all three adjacent 1-10 Interchanges be coordinated by one
agency.
Please pursue necessary approvals by Caltrans District 8 and FHWA to AAA the Indian Avenue
Interchange on behalf of the City of Palm Springs as soon as possible, or otherwise advise me of the
County's decision to not AAA this project at your earliest opportunity so we can pursue other options.
If you have any questions, please feel free to contact me at(760) 323-8253, extension 8744, or by e-mail
at ar uller s r s-ca. ov.
Sincerely,
F kuut,�
Marcus L. Fuller, P.E„ P.L.S.
Assistant Director of Public Works/
Assistant City Engineer
x OWrt2avlcr,C✓AG
na d9enWm,vmpcgr o1PubW Works lay Enginm
Ma
Post (office Sox 2743 • Pairn Springs, Catifenua 92263-2743
Indian Canyon Drive/ Interstate 10 Interchange Project
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EXHIBIT C
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Cooperative Agreement
COUNTY OF RIVERSIDE �OF RIVBCOUNTY
TRANSPORTATION AND ,
b ' c LAND MANAGEMENT AGENCY 4
y w'
< Transportation Department Director
C. Perez. srn 7ti:.
`�ANP� OireCloY of 73'onsjnrtu/ivn
October 3, 2008
Raymond Wolfe, District Director OCT 142000
California Department of Transportation
District s
464 W. Fourth Street, 6" Floor
San Bernardino, CA 92401
RE: Indian Avenue/Interstate 10 Interchange (EA 45570)
Advertisement, Award and Admnist ration'of,Construction
Dear Mr, Wolfe:
The City of Palm Springs f&the lead agency on the Interstate.10.at Indian
Avenue Interchange.Project, ,Caltrans Project No. EA45570: The.City of Palm
Springs has requested;that'the County of Riverside Advertise"Award and
Administer(AAA)the construction contract far this protect attached,is a'copy of
their request.
Therefore, I am wrltrng,you iq effort to secure your support,and approval for the
County of Riverside,to AAA the canstru[tibn contract far the lnterstate 10 at
Indian Avenue Interchange Project Caltrans_Project No. EA45579-
The County of Riverside ass4res . altran5`and the Federal Highway
'Administration that the County possesses both the experience and,qualifications
to `rovrd'ethe'AAA for•ronstruct1lon on.projects requiring state or federal
p .P
oversight. In fact, the County effectively performed the AAA for the construction
of many similar interchange irnproVement.projects, These projects include the
Monterey Avenue (EA 463801),,Covk'Street(EA 157421.) and Washington Street
(EA 427411 and EA 427421) Interchanges'on l.nterstate 10 in Coachella Valley
and the Newport Road and Interstate215 interchange project (EA 924477) in
Menifee. Most recently we have effectively performed the AAA for construction
on Cantu Galleano Ranch Road (formerly Galena Street) Interchange (EA
820421) on Interstate 15 in Mira Loma.
The relatively large size of the Riverside County Transportation Department staff
allows for a department structure that is more consistent with the organization
used by Caltrans. Project tasks are competed by separate functional groups that
3525 14th Street- Rivereidc,California 92501 •(951) 955-6900 •FAX (951)955-3164
October 3, 2008
RE: Indian Avenue/Interstate 10 Interchange (EA 045570)
Page 2 of 3
are staffed with experienced personnel that are knowledgeable in both State and
Federal requirements.
If authorized to perform the AAA services, the County will take the following
measures, as have occurred on previous projects, to assure compliance with the
State and Federal laws, policies, regulations, and guidelines governing the AAA
projects:
1. Ensure that only a well qualified consulting construction management firm
Is selected to provide construction management services and with
demonstrated experience on similar projects. Caltrans will be invited to
participate in the selection process and can therefore certify the
capabilities of the consultant team.
2. The consultant services will be managed by the County's Construction
Division Manager who has worked on similar types of Interchange projects
while working at both the County and Caltrans such as the Newport Road
and Interstate 215 interchange and the recently constructed Cantu
Galleano Ranch Road Interchange on Interstate 15. The County's
Construction Division Manager and his staffs responsibility is to Insure
that the consulting construction management firm will provide the
appropriate level of service, conduct inspections of the consultant's
construction contract administration records to assure that all
correspondences and other required information are being routed and tiled
accordingly per Caltrans Construction Manual, and provide prompt
corrective action•when needed to avoid or minimize delays and/or
disputes.
3. Coordinate timely inspections with Caltrans.
4. Comply with FHWA requirements & CFR's related sections of non exempt
projects.
5. Comply with the labor compliance laws and regulations.
6. Comply with materials acceptance policies and testing.
7. Implement all TMP and construction safety requirements according to
Construction Manual and Safety Manual.
8. Coordinate all public awareness activities with Caltrans' Public Information
office.
9. Resolve Claims as necessary.
October 3, 2008
RE: Indian Avenue/interstate 10 Interchange (EA 045570)
Page 3 of 3
10.Provide as built material and follow project close out process.
We have successfully worked with oversight personnel on the past projects and
will continue to fully cooperate with Caltrans' staff.
The County of Riverside Is confident that our staff is fully capable of delivering
this project to the satisfaction of Caltrans and FHWA and appreciates Caltrans'
consideration of this request to provide AAA services for the Indian
Avenue/Interstate 10 Interchange Improvements.
If you have any questions or would like any additional information, please do not
hesitate to contact me at 951-955-6740.
Sincerely,
Juan C. Perez
Director of Transportation
Attachment
cc: Emad Makar, Caltrans
All n Wa g le, CVAG
Scott Staley
Cindi Wachi
Indian Canyon Drive/ Interstate 10 Interchange Project
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Cooperative Agreement
11 I)E PAR'I'NIFN'I' OF'I'IZANspoftrA'FION
Of 1214 T 0I I I IF DIS]RIC I DW.1 I QR
MAN B1 RNARDINO,UA 9.rtill,1140i'.
..........
Dec(miibc r 22, 2008
Mr. Juan Perez
Director Of
Of Ri"'enqzde
3525 14'hStrc.c[
Riverside, CA 92501
Dear Nfi Me/,:
This is, ift sespattsc to your letter rtXILICStill4!the CalitOrulw 17ePartment ofTI-im'sportation
(Depallmeni) to Likithtuity to the Comity of riverside (County) to Adimine,
Award, and Adtiiiwstcv- (AAA) the construction phase Of the Interstate 10 (1.11.0), h1dial)
Avcnue Intetchange fmprovQnierit pro ect, EA: 08-45570.
is
This project proposes ffic deltiolition of die exisfirig. Indian Avenue bridge Livid construct a
ncm sly-lime bridge. include a wesibound (W/13) 1-10 partied cloverleaf On-
rarnp and a W/B ( 10 hook off-ramp with terminus at 201h Avemic, A WIB 1-10 hook M
ramp Is proposed it) nict-go with the p.1mill cloverleaf oil ritillp to eliminate the isolawd
W/B MT rawp: and the Lft-turn movement for hk.an,y trucks iiegOtu2lmg the, grade oil
hAiLin AYQnuo. Thc project also hlchides roadway widening, venjcul Profile
improvements, storm drain enbanaenients, aad indficsignal impruvcilmm',S,
-lie estimated comqntcoon cost Of the
COINM[0011 iS Selledi.kd to begirt in late ,,ilylitiler 2009, '1
ptoject Is S 24 rridlion, which is being fwuled by Local ftin&,, .Swie Regjoiml lmprovernem Program
YRIP) funds Safe, ACCOWIUibll�, Flexible, ation Equity Am A Legacy for L.Nes
(SAF TE I, A LU) funds, and Demonstration Federal F'urlds (DEMO).
113 accordance with the current Federal Highway Administration (FHWA) and thu Dq)artlrient's
Stewardship Agrcemeiit dated September 2007, this project is ci,,issificd Lisa Duicgawd PioJeci,
Approval authority hal; been delegated to the Dupurtm,itt. Your request huff been I c%'iCwCd twill based
on the County"s track record (o AAA feduLil-nd piojecls on the ititersiatc svStc1n, the. Department
r ces to delegivic aulhorily to the. County to AAA the construction phase Oil this pro,
A c;oiwruciion be C!�QCL[Ird prior to ad\orti-sing dic project. The al rrcrncnt
ill define the rolcs and reslimisihiiines for both ,igeiww's during pFo3Lx:t COnSIOIQ11013.
fnzi'wm unpolu e: "ll"u,wo
I
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�I Juarn Perez.
December 22, 2009
ai
p'apc
I hQ C:tnmty's resptrnsihilitics under this cooperative agreement shall include• trite following measures
to assure compliance wirll state and Pcderad laws, polio es, rrgUl tiorls and gnrdclincs governrug the
AAA of projects:
1. As an implcmeriting agency, the County shall develop a quality managemelil plan in
accordance with the.C.onstruclion MallUld Supplemetrt fOr IXo:Ll Agtucy Resident
P.rigincers and the Local Agcucy Sttutture Representative Cruidoline5 The District
construction Divisioni. with input front structures construction for projects involving
III stractulxs. must approve the quality m&mapmerit plan hefore the encroachine w permit foi
Ecc>tntrttetinn is w5ncd. A recommended outline t rr a quality managcnicnt plan can he found
ern the Division of Construction wclrsiie:
hCtp. iivv v.dot ca. ov"het!uunstCuc C't'LJire tnvcyif..A QNIP for C'ottstrlmi'on Plutse,pdf
2, The County :,hall ensure that only e+ell qualiflad consudtnig Coustruetion rttanage.nlearl firms
are selected to ptos We 1 ngineering and Inspection scrvle es sufficient to tine t r,l.s of the:
fl prnlect. 1'he.C:oullty shall cutrf'er with the Deparpnerlt and other agcncies, both prior to and
dulin, the selection pruceas.
;3. Prnviele; coratinuaus osersigltt by qualified County per'snlined, ter ;.rssrare that s�iccrcd
corrsuhing consiruction ma iaf cariant fitrns provide lbo appropriate level of service.
4. t:1.sc qualified County stuff to perfotnt tandom inspections of eonsuh nt s construction
i contract administration records, to assure that correspondences and other requirct
inforuaai,acrti are being terutced and filc,d accordingly,per the Department's Itrtcsk updated
f' ProjcC;t. Development Procedures Manual and the Construction Mar'st.)nl.
j 5. Plovide plompt correcf.nvt' al:tlon when riceded EO avoid or i)iatimize" delays, disputes, <lrlei
i
lion compliance of my contractual ruquirei-ima.
6. C'oordinater timely inspections with the Deportment to cnsuae agency cooperation.
7. Comply with any additional requirements applied by the Dcpale.mew and F1NVA.
The Dopartrtaent is con11114wd to fulfill its full oversight resporlsibifitics for the construction of the
project. Accordingly, it will assume the following dutic :
I; L The Dcp mnlm lu shall exercise full oversight engineering Fes polls ibilttie,s. The full cxww of
these responsibilities will he furtltcr defined in the cooperative a=ul,Qernent between the
County and tfrc l.)cpzri't-rt a:ni.
Code of Federal lZe;.yulairorls IC:FXJ 23 Cf'di L 1 lfc) dearly states [hat the Department is
not refievcd of its rc.5pousilrilitics corder Federal law and tilt ictndations in 23 ("FIR, ii it
chooser to use the scrvic is of other government'A engineering ofgafrrratiolls. Theretore,
w
,Cirllnura rnrpmv,a mvbifav ao wy Cali;aawj
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E
Jumt l'arcz
December 22,2008
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the 1)cl7arttrtettt shall provide adetluarte oversight on the 1- JO/ Indian Avetiure Irncrchange
project. to unsure compliance.
2. To assure.t cmapliamce ww rth federal rcyuiremcnts. the Deparimcni ,hall assiEn an m crmox
engineer to the project. The dutias of the oversight cngincer will he further defined in the
cooperalivc agreement between the Cotmiy and the Depailment.
It you have any questions or require additional info Cation, picasc call me at (909) 383-4055 or
Emad Makar, Project Wriager ai(909) 383-4978.
sincerciy,
RAYNIOND W. WC)LFE, I'lrt3
Di>triet Director
I
ce I rc Dam, l IMA. Operations 1 ilgtneer
(lector Davila, Deputy District Director, Construction
^i Christy Connors, Deputy District Diro(:tot•. Design
I3asern Muallcm.Deputy District Director, Project M anagk�mem
€ E1mad M,akaaa, Project hlaaaagcr
File
j�.
I
'j
f�
1'
ii "e',:7rrrrn�.r irr:,prurr.r nnyblRry n:r'o.ra'C"uiilurrri.¢,.
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Indian Canyon Drive/ Interstate 10 Interchange Project
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Cooperative Agreement
09-Riv-10-PM 32.6/33.6
Reconstruct Existhxg interchange at
I-10/Indian Avenue
EA 455701
District Agreement No. 8-1433
PC ...
�i�r � ,', Iiagttr,!;p°rr'r+zStirPat ....-..
CONSTRUCTION
coOPERATIVE AGREEMENT
4
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON 2009 is betw•eni the
STATE 014 CALIFORNIA, acting by and through its Department of'fransTnartation, referred to herein
as"STATE',"and the
CITY OF PALM SPRINGS, a body politic and municipal
corporation of the State of California, referred to herein as
"CITY"
and
COUNTY OF RIVERSIDE, a political subdivision of the
State of California„referred to herein as"COUNTY."
RECITALS
1. STATE, COUNTY, and CITY, pursuant to Streets and Highways Code scetions 114 and 130, are
authorized to enter into a Cooperative Agreement for improvements to the State Highway
System (SI IS)within CITY's and COUNTY's jurisdiction.
2. STATE,COUNTY', and CITY intend to reconstruct existing interchange at Interstate 10
(I.10)/Indian Avenue, located within the City of Palm Springs, in Riverside County, rcti,rred to
herein as "PROJECT."
3, CITY is willing to fund one hundred percent(1009%)of all capital outlay and support costs,
except that the oast of STATE's Independent Quality Assurance(IC)A) and Independent
Assurance"'resting of PROJECT will be home by STATE.
4, CITY for the purpose of funding PROJECT cost for capital outlay will be using s'rATE's
Transportation Improvement Program/Regional Imprnvernent Program (STIP/RIP) funding
source in the amount of$13,656,000,Federal Dcnnonstrxtion Transportation Equity Act for the
21 w Century(DEMO TEA 21) funds in the amount of$1„260,000 and C.ITY's matching funds in
the amount of$31.5,000; and Safe,Accountable, Flexible, Efficient,Transportation Act Equity -
A legacy for Users(DEMO SAF PTEA-LU) hands in the amount of$2,200,000 and.CITY's
matching funds in the amount of$550,000, The PROJECT cast estimate is $30,762,000 as
I
District Agreement No. 8-1433
shown on. Exhibit A, attached heretu and made a part of this Agreement. If it becomes necessary
6or an increase in PROJFCr funding, said increase will be paid in full by CITY.
5. Riverside County Transportation Commission (RCl'C)requests that the S'I`IP/RIl' construction
funds be paid directly from STATE to CITY, as the CITY is the lead agency for construction.
RCTC understands the payments to the CITY will be on a monthly basis, in a reimbursed
manner, as identified in this cooperative agreement as Exhibit I3.
6- The STATE's STIP/RIP funds wore:programmed by the California'Transportation Commission
(CTC:)at the July 26, 2007„ meeting, for the PROJECT's constructions capital.
7. The parties agree that COUNTY will prepare the contract documents and advertise, award, and
administer the construction contract for PROJECT.
8. Between the parties. COUNTY will provide Construction 'Management,C-onstruction Surveying,
and mawt'ials Testing services for PROJECT. CITY will pay COUNTY for one hundred percent
(1001/0) of such costs.
9. Project Approval and Environmental Documents, Plaits, Specifications and Estimates(PS&E);
and Right of Way for PROJE('T were covered in a prior Cooperativc Agreement executed by
STATE and CITY on May 5, 1998(Iistrict Agreement No, 8-1165). STATE and CITY also
entered into amendment 1165 An on December 28, 2006 and amctidment 1165 A/2 sat
December 3,2007.
10. The terms of this Agreement shall supersede arty inconsistent terms of any prior Memorandum of
Understanding(MOIJ)or agreement relating to PROJECT.
11, The parties now define herein below the terms and conditions under which PROJECT"is to be
constructed,financed,owned,operated,and maintained.
S "C�1 M I
LaLAgUEL
1. T'ci be responsible for one hundred(100%)percent of total PROJECT construction cost(of which
a portion will be funded out of s'rATE's STIPfRIP,DFMO and SAPETEA-I,U with the balance
to be funded using local agency funding sources, as shown in Exhibit A)required for satisfactory
completion of PROJECT,including,but not limited to Construction Zone Enhancement
Enforcement Program(COZEEP), "State-furnished material,"and source inspection costs of
STATE,'s IQA. if it becomes necessary for an increase in PROD EC'T funding, said increase will.
he paid in full by CITY.
2. To pay COUNTY, within thirty(30)days of receipt of COUNTY's continuous billing, for a
portion of the actual expenditures for that month, and to continue making such payments on a
monthly basis until completion of construction capital and support activities for PROJECT.
2
District Agreement No. 8-1433
3. To pay STATE, within thirty(30) days of receipt of STATE's billing,the actual cost invoiced
for the requested"State-furnished material."
4. CITY shall reimburse STATE for all direct and indirect costs incurred for any source inspection
performed by STATE:.
5. To pay STATE within thirty(30)days of receipt of STATE's detailed billing thereof the arnount.
of said bill,which amount represents the actual cost of source inspection.
6. To pay STATE upon completion of all work on PROJECT and within thirty(30)days of receipt
of a detailed statement made upon final accounting of costa therefore, any amount, over acid
above the aforesaid payments for Stato-furnished materials and source inspection, required to
complete CITY`s financial obligations assume pursuant to this Agreement.
7. To submit a billing to STATE for reimbursement of a portion of the expenditures incurred to
complete PROJECT work and funded from STATE*$ STIP/RIP funding source and thereafter to
submit continuous billings until PROJECT is completed.
8. Upon completion of the construction capital activities for PROJECT,to furnish STATE with a
detailed statement of the total actual costs funded from STATE's STIP/RIP funding source,
which were rutimbursed to CITY on a continuous basis.
9. Upon completion of PROJECT construction,CITY will operate and maintain,at CITY's cost,
any part of PROJECT locate outside of the existing SHS right of way(including CITY
underpasses and overcrossiags of then existing SHS right of way) until any subsequent
acceptance of any part of PROJECT into the SHS by STATE, approval by Federal Ilighway
Administration,if required, and conveyance of acceptable title to STATE.
SECTION 11.
COUNTY AGREES.
I. All PROJECT work performed by COUNTY, or performed on COUNT'Y's behalf, shall be,
performed in accordance with all State and Federal laws,regulations, policiesa,procedures and.
standards that STATE would normally follow. All such PROJECT work shall be submitted to
STATE for STATE's review, u)mment, anti concurrence at appropriate stages of development.
2. To permit STATE to monitor,participate, and oversee the selection of personnel who will
provide construction support services for PROJECT. COUNTY agrees to consider any request
by STATE to avoid a contract award or discontinue the:contracted services of any personnel
considered by STATE to be unqualified on the basis of credentials,professional expertise, failure
to perform, and/or other pertinent criteria.
3. To submit a written request for any"State-furnished material" identified in the PROJECT plans,
specifications, and estimates(PS.&F) a minimum of forty-five(45)days in advance of the need
3
District Agreement No. 8-1433
for such materials. COUNTY may take delivery ofthe"Statvfurtished material" after STATE's
receipt of CITY's payment and at the location directed by STATE.
4. S'I'AT.E shall perform source;inspection as outlined in STATE's Construction Manual,
Construction Manual Supplement for Local Agency Resident Engineer, and Local Agency
Structure Representative Guideline.
5. To advertise, award, and administer the construction contract for PROJECT in accordance with
requirements of the Local Agency Public Construction. Act and the California.Labor Code,
including its prevailing wage provisions, Workers employed in the performance;of work
contracted for by COUNTY, and/or performed under encroachment permit, arc covered by
provisions of the California Labor Code in the same manner as are workers employed by
STATE's contractors. The use of any Federal funds towards PROJECT construction will
mandate the inclusion and enforcement of all applicable; Federal labor mandates.
6. To process payments of one hundred percent(100%)of the actual costa of construction required
for satisfactory completion of PROJECT, including changes pursuant to contract change orders
concurred with by STATE's representative and any material furnished by STATE.
7, Construction by COUNTY of those portions of PROD ECT which lie within the 511S right of way
shall not commence until COUNTY`s contract plans involving such work,the utility relocation
plans, and the right of way certification have been reviewed and accepted by STATE and
encroachment permits have been issued to COUNTY and COUNTY's contractor.
8. COUN'rrs construction contractor shall maintain in force, until completion and acceptance of
the PROJECT construction contract, a policy of General Liability Insurance, including coverage
of Bodily Injury Liability and Property.Damage Liability, that complies with all coverage
requirements with Section 7-1.12 of STATE's then cf£eative Standard Specifications. Such
policy shall contain an additional ;insured endorsement naming STAT13 and its officers,agents,
and employees, and the CITY and its officers, agents, and employees as additional insureds.
This insurance coverage shall be evidenced by a Certificate of Insurance in a.form satisfactory to
STATE which shall be delivered to STATE before the issuance of an encroachment permit to
COUNTY's construction contractor.
9. To require the construction contractor to furnish both a payment and a pafennance bond,
naming COUNTY with both bonds complying with the requirements set forth in Section 3-1.02
of STATE's current Standard Specifications prior to performing any PROJECT construction
work. COUNTY shall defend, indemnify, and hold harmless STATE and its officers, agents,
and employees from all claims and suits by stop notice claimants related to the construction of
PROJECT.
10. To have PROJECT constructed by contract to the satisfaction of and subject to STATE's
acceptance in accordance with the STATE accepted PROJECT PS&E.
I]. Contract administration procedures shall contiirm to STATE's Construction Manual, Local
Assistance Procedures Manual (if Federal funds are used), and the PROJECT encroachment
permits.
4
District Agreement No. 8.1433
12. Construction within the existing or ultimate SHS right of way shall comply with STATE's
Standard Specifications, the PROJECT Special Provisions,and STA"1'E's Construction Manual.
13. If any existing utility facilities conflict with the construction of PROJECT or violate STATE's
enmiaclunent policy, COUNTY shall make all necessary arrangements with the owners of such
facilities for their timely accommodation,protection,relocation,or removal.
The costs for the PROJECT's positive identification and location, protection,relocation, or
removal of utility facilities whether inside or outside STATE's right of way shall be deternine d
in accordance with Federal and California laws and regulations, and STATE's policies,
procedures, standards,practices, and applicable agreements including, but not limited to,
Freeway Master Contracts.
14. All survey work sltall conform to the methods,procedures, and requirements of STATE's
Surveys Manual and STATE's Staking Info.rntation Booklet.
15. PROJECT material testing and Quality Control/Assurance shall conform to STATE's-
Construction Manual, Construction Manual Supplement for Local Agency Resident Engineer,
Local Agency Structure Representative Guideline and STATF's California Test Methods, and
shall be performed by a material-tester certified by STATE, at CIT'Y's expense.
16. All PROJECT" work, except as set forth in this Agreement, is to be performed by COUNTY.
Should CO[JNT"1'request that STATE perform any portion of PROJECT work not set forth in
this Agreement, CITY shall first agree to reimburse STATE for such work pursuant to an
amendment to this Agrexment or a separate executed agreement.
17. To furnish, at CITY's expense and subject to the approval of STATE, a field site representative
who is a licensed civil engineer in the,State of California to perform the functions of a Resident
Engineer. The Resident Engineer shall not be an employee or subcontractor of the entity,if any,
that prepared the PROJECT PS&E or an employee of the construction contractor.
18. If the Resident Engineer is not also a registered Landscape Architect,COUNTY will furnish, at
CITY expense and subject to approval of STATE, a Landscape Architect to perform the function
of an Assistant Resident Engineer/Inspector who is responsible for both daily on-site inspections
and final decisions including but not limited to, any highway planting and the irngatious
systems that comprise a portion of the PROJECT work. Final decisions shall continue to be
subject to the satisfaction and approval of STATE.
14. At PROJEC'T's expense, to furnish sufficient qualified support staff., subject to the approval of
STATE, to assist the Resident Engineer in,but not limited to, structure representative,
construction surveys, soils and foundation tests, measurement and cotttputation of quantities,
testing of construction materials, checking shop drawings, preparation of estimates and reports,
preparation of the mandated"As-Built"drawings, and other inspection and staff services
necessary to assure that the construction is being performL:d in accordance with the PROD EC'f
PS&E. Said qualified support staff shall be independent of the design engineering company and
construction contractor, except that the PROJECT designer may he retained to check shop
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District Agreement No. 8-1433
drawings,do soils foundation tests, test construction materials, and perform construction
surveys.
20. 'Within one hundred eighty(180)days following the completion and acceptance of the PROJECT
construction contract,to fumish STATE with a complete set of"As-Built"plaits(hard copy and
electronic formats) in accordance with STATE's then current CARD Users Manual, Plans
Preparation.Manual, and STATE practice. The submittal must also include all STATE: requested
contract records, including survey documents and Records ol'Surveys(to include monument
perpetuation per the land Surveyor Act, section 8771). COUNTY-,hall also submit ca)nccted
full-sized hardeopy structure plans.
21. To retain or cause to be retained for audit by STATE or other government auditors for a period.
of four(4) years from the date of final payment under the PROJECT contract, or four(4) years
from STA'I"E payment of the final voucher, whichever is longer, all records and accounts relating
to PROJECT construction. COUNTY shall retain said records and accounts longer for such
periods as are required in writing by STATE.
22. if COUNTY cannot complete PROJECT as originally scoped, scheduled, and estimated,
COUNTY will, only with STATE's and.CITY's prior written consent, amend the PROJECT
PS&E for a suitable resolution to ensure an alternate form of modified PROJECT that will, at all
times, provide a safe and operable SHS.
21 If cultural,unanticipated archaeological, paleontological or outer protected materials are
encountered during PROJECT construction, COUNTY shall stop work in that area until a
quali Ce d profcrssional can evaluate the nature and significance cif the find and a plan is approved
for the removal or protection of that material. The costs for any removal or protection of that
ntateaial shall be covered as a PROJECT coat contemplated by this Agreement.
24. To provide, at PROJECT capital expense, a.Construction Zone Enhancement Enforcement
Program(COZEEP)by contracting directly with the California Highway Patrol (CHP) for all
traffic restrictions as outlined in STA'l E s Construction Manual.
25. Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a detailed
statement of the construction support and construction capital costs to be bonne by CITY, To
thereafter refund to CITY,,promptly after completion of COUNTY's final accounting of said
PROJECT costs, any amount of CITY's funds remaining:otter actual construction support and
construction capital costs to be home by CITY have been deducted or to bill CITY for any
additional amount required to complete CITY's financial obligations assumed pursuant to this
Agreement.
26. To make written application to STATE for necessary encroachment permits authorizing entry of
COt.INTY, or COUNTY's contractor onto the SHS right of way to perform construction
activities for PROJECT.
6
District.Agreement No. 8-1433
SECTION 111.
STATE AGREES.
I. At no cost:to CITY or COUNTY, to provide IQA to assure that COUNTY and COUNTY's
PROJECT work is performed in full compliance with the approved PROJECT PS&E and in
accordance:with STATE's then effective policies,procedures, standards, and practices. This
IQA function includes both the obligation and the COUNTY to reicet noncompliant PROJECT
work and materials accepted by COUNTY, to order any actions needed for public safety or the
preservation of property on the SHS, and to assure compliance with all provisions of the
encroaclunent pernut(s)issued by STATE to COUNTY and COUNTY's contractor.
2. Upon proper application by COUNTY and by COUNTY's contractor,to issue, at no cost to
COIWTNTY and COT INTY's contractor, the necessary encroachment permits for required work
within the S14S right of way as more specifically defined elsewhere in this Agreement.
3. To provide, at CITY's cast, any"State-fumishcd material"as shown on the PROILCT PS&K
Upon reccipttofCOUNTY's request for any such"State-furnished materials," STATE will order
those materials and STATE's Project Manager will have an invoice submitted to COUNTY for
the costs of those materials. Upon receipt of those materials and CITY's payment, STATE will
make those "State-furnished materials"available to COUNTY at a STATE. designated site.
4. Independent assurance testing, specialty testing, and approval of the type of asphalt and concrete
plants shall be by STATE, at STATE's expense:.
5. To submit an invoice to CITY for the estimated direct and indirect cost of source inspection,
pursuant to Section i of this Agrft=ent, prior to start of PROJECT construction and upon receipt
of said estimate from STATE's representative.
6. Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a detailed
statement of the construction support and construction capital casts to be borne by CITY, To
thereafter refund to CITY,promptly after completion of CITY's final accounting ofsaid
I?ROJ.EC T crisis,any amount of CITY's funds remaining after actual construction support and
construction capital costs to be borne by CITY have been deducted or to bill CITY for ally
additional amount required to complete CITY's financial obligations assumed pursuant to this
Agreement.
7. To allocate$13,656,OW from STATE's STIP/RlP funding source to PROJECT. These funds
were programmed by the CTC at the July 26, 2007, meeting for construction capital services for
PROJECT.
8. To pay CITY not later than thirty(30)days upon receipt of CITY's continuous billing, for a
portion of the actual expenditures, to be paid from STATE's STIPJRIP funding source, fbr that
month,and to continue making such payments on a.monthly basis until completion of
construction capital and support activities for PROJECT.
7
District Agreement No. 8-1433
SECTION JV
IT T3 MUTUALLY A(;R ED;
1. All obligation.;of STATE under the terms of this Agreement are subject to the appropriation of
resources by the Legislature, State Budget Act authority, and the allocation of funds by the
California Transportatiun Commission (C"l'C").
2. The parties to this Agreement understand and agree that STATE's IQA is defined as providing
STATE policy and procedural guidance through to completion of the PROJECT construction
phase administered by COUNTY. This guidance includes prompt reviews by STATE to assure
that all work and products delivered or incorporated into the PROJECT by COUNTY conform
with than existing STATE standards. IQA does not include any PROJECT related work deemed
necessary to actually develop and deliver the PROJECT, nor does it involve any validation to
verify and recheck any work performed by COUNTY and/or its consultants or contractors and no
liability will be assignable to STATE, its officers and employees by COUNTY under tine terns
of this Agreement or by third parties by reason of STATE's IQA activities. All work performed.
by STATE that is not direct IQA shall be chargeable against PROJECT funds as a service for
which STATE will invoice its actual costs and COUN'l'Y will process paytncnt or authorize
STATE to reimburse itself from then available PROJECT funds.
3. COUNTY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements,
and/or approvals from appropriate regulatory agencies, unless the parties agree otherwise in
writing. If STATE agrees in writing to obtain said PROJECT,permits, agreements, and/or
approvals,those said costa shall be paid for by CITY, as a PROJECT cost.
4. COUNTY shall he fully responsible for complying with and implementing any and all.
environmental commitments set forth in the environmental documentation, permit(s),
agretment(s), and/or approvals for PROJ E'CC, The costs of said compliance and implementation
shall be a PROJECT cost.
5. If there is a legal challenge to the environmental documentation, including investigative studies
and/or technical environmental report(s), permit(s), agreement(;),and/or approval($) for
PROJECT,all legal costs associated with those said legal challenges shah be a PROJECT cost.
6. If, during performance of PROJECT construction, new information is obtained which requires
additional environmental documentation to comply with the California Erivirotunentai Quality
Act(CEQA) and if applicable,the National. Environtneataf Policy Act (NEPA),this Agreement
will be amended to include completion of those additional tasks.
7. All administrative reports, studies, materials,and documentation, including, but not limited to,
all administrative drafts and administrative finals,relied upon,produced,created or utilized for
PROJEC:"I' will he hold in confidence pursuant to Government Code section 6254.5(c). The
parties agree that said material will not be distributed, released or shared with any other
organization,person or group other than the parties' employees, agents and consultants whose
work requires that access without the prior written approval of the party with the COUNTY to
8
District Agreement No. 8-1433
authori'rc said release and except as required or authorized by statute or pursuant to the terms of
this Agreement.
$. During PROJECT construction,representatives of COUNTY and.STATE: will cooperate and
consult with each other to assure that all PROJECT work is aeconiplislted according to the
PROJECT PS&E and STATE's then applicable policies,procedures„ standards, and practices.
Satisfaction of these requirements shall be verified by STA"fE's IQA representatives who arc
authorized to enter CITY's and COUNTY's property during construction for the purpose of
monitoring and coordinating construction activities.
9. PROJECT PS&E changes shall only be implemented by contract change orders that have been
reviewer] and concurred with by STATE'S representative(s). All changes atTeeting public safety
or public convenience, all desigm and specification changes, and all major changes as defined in.
STATE s Construction.Manual shall be approved by STATE in advance of performing that
work. Unless otherwise directed by STATE's representative, change orders authorized as
provided herein will not require an encroachment permit rider. All changes shall be shown on
the"As-Built" plans.
10. COUNTY shall provide a construction contract claims process acceptable to STATE and shall
process any and all claims tduough.COUN1"Y's claims process. STATE'S representative will be
made available to COUNTY to provide advice and technical input in any claims process.
1.1. In the; event that STATE proposes and/or requires a change in design standards, implementation
of those new or revised design standards shall be done in accordance with. STATE'S highway
13c'sign Manual, Section 92.5, `"Effective Date for Implementing Revisions to I]esign Standards."
STA"I'E shall consult with COUNTY in a timely manner regarding the effect of proposed and/or
required PROJECT changes.
12. The party that discovers hazardous materials(HM) will immediately notify the Other party(ies)to
this Agreement.
I IM-I is defined as hazardous material (including but not limited to hazardous waste)that
requires removal mid disposal pursuant to federal or state law, whether it is disturbed by
PROJ ECT or not,
IIM-2 is defined as hazardous material (including but not limited to hazardous waste) that may
require removal and disposal pursuant to federal or state law, only if disturbed by PROJECT',
13. STATE, independent of PROJECT,is responsible for any HM-1 found within existing SIIS right
of way. STATE will undertake HM-I management activities with minimum impact to
PROJ ECT schedule and will pay all costs associated with.HM-t management activities.
STATE, has no responsibility.for management activities or costs associated with HM-I found.
outside the existing SIIS right of"way. COUNTY, independent of PROIK7, is responsible for
any IIM-1 found within PROJECT limits outside existing SIIS right of way. COUNTY will
undertake, or cause to be undertaken, HM-I management activities with minimum impact to
9
District Agreement No. 8-1433
PROJECT schodulc,and CITY will pay,or cause to be paid, all costs associated with HM-I
management activities..
14. If HM-2 is found within the limits of PROJECT,the public;agency responsible for
advertisement, award, and administration (AAA) of the PROJECT construction contract will be
responsible for HM-2 management activities.
Any management activity cost associated with 11M-2 is a PROJECT construction cyst.
15, Management activities associated with either HM-1 or IIM-2 include, without limitation, any
necessary manifest requirements and designation of disposal facility.
16. STATE's acquisition or acceptance of title to any property on which any hazardous material is
found will proceed in accordance with % ATE's policy on such acquisition.
17. STATE,in cxc-rcising its authority under section 591 of the Vehicle Code, has included all of the
requirements set forth in Divisions 11, 12, 13, 14,and 15 of the Vehicle Code as applicable to
the PROD ECI'areas open to public traffic. COUNTY shall take all necessary precautions fbr
safe operation ofCOUNTY's vehicles, the construction contractor's equipment and vehicles
andior vehicles of personnel retained by COUNTY to assure the protection of the traveling
public and STATE employees from injury and datnage from such vehicles or equipment.
18. Upon PROJECT completion and acceptance, subject to the approval of STATE, COUNTY will
operate and maintain all PROJECT facilities at its own cost until a Maintenance Agreement is
executed or an existing agreement,if any, is amended to incorporate the maintenance of these
new PROJECT facilities located on the SHS..
19. Operation and maintenance of traffic signals, signs, and safety lighting(collectively"Electrical
Facilities")shall be shared in accordance with existing Electrical.Agreement# R►V-33-7852,
entered into between STATE and CITY effective on October 04, 1991. The Exhibit of said
agreement was amended to include this signal as a part of said Electrical Agreement.
20. Upon satiAhetory completion of all PROJECT work under this Agreement,as determined by
STATE, actual ownership and title to materials,equipment, and appurtenances installed within
the operating SHS right of way for SHS operations will be vested in STATF, and materials,
equipment,and appurtenances installed for non-SHS operations both inside(overcrossings and
underpasses for local traffic)and outside;of the SHS right of way will automatically be deemed
to be under the control of CITY or an appropriate third party as determined by CITY.
21. Nothing within the provisions of this Agreement is intended to create duties or obligations to or
rights in third parties not a party to this Agreement or to affect the legal liability of either party to
the Agreement by imposing any standard of care with respect to the development, design,
construction, operation, or maintenance of the SI3S and public facilities diftcrent from the
standard of care imposed by law.
22. Neither CITY or COUNTY nor any officer or employee thereof is responsible for any injury,
damage,or liability occurring by reason of anything done or omitted to be done by STATE under
10
District Agreement.No. 8-1433
or in connection with any work, authority, or jurisdiction conferred upon STATE:under this
Agreement. It is understood and agreed that, STATE will fully defend, indemnify, and save
hannless CITY and COUNTY and all of their officers and employees front all claims, suits,or
actions of every name,kind and description brought forth under, including, but not limited to,
tortious, contractual, inverse cmdenmation or other theories or assertions of liability occurring
by reason of anything done or omitted to be done by STATE under this Agreement.
23_ Neither STATE or COUNTY nor any officer or employee thereof is responsible for any injury,
damage, or liability occutring,by reason of anything done or omitted to be done by CiTY under
or in connection with any work,authority, or jurisdiction conferred upon CiTY under this
Agreement. It is understood and agreed that, CITY willfully defend, indemnify, and save
harmless STATE and COUNTY and all of their officers and employees from all claims,suits, or
actions of every name, kind and description brought forth under, including, but not limited to,.
tortious; contractual, inverse condemnation, or other theories or assertions of liability occurring
by reason of anything done or omitted to be done by CITY under this Agreement.
24, Neither STATE or CITY nor any nfficer or employee thereof is responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by COUNTY
under or in connection with any work, authority,or jurisdiction conferred upon COUNTY under
this.Agreement. It is understood and agreed that,COUNTY will fully defiend, indemnify, and
save harmless STATE and CITY and all of their officers and employees from all claims, suits, or
actions of every name, kind and description brought forth under, including, but not limited to,
tortious,contractual, inverse condemnation, or other theories or assertions of liability occurring;
by reason of anything done or amitted to be done by COUNTY under this Agreement.
25. Prior to the commencement of any construction activity within the SHS right of way, STATE,
CITY,or COUNTY may terminate this Agreement by written notice to the other party.
26. No alteration or variation of the terms of this Agreement shall be valid unless made by a formal.
amendment executed by the parties hereto and no oral understanding or agreement not
incorporated herein shall be hi riding on any of the parties hereto.
27. if CITY or COUNTY tenninates the PROJECT prior to completion, STATE shall require
COUNTY, at CITY's expense, to return the SITS right of way to its original condition or to a
safe and operable condition acceptable to STATE. If COUNTY fails to do so, STATE,reserves
the right to finish PROJECT or place PROJECT in a safe and operable condition and STATE
will bill.CITY for all actual expenses incurred and CITY agrees to pay said bill within thirty(30)
days of receipt.
28, This Agreement shall terminate upon the satisfactory completion of all post-PROJECT
construction obligations of CITY and COUNTY and the delivery of required PROJECT
construction documents,with concurrence of'STATE,or on December 31, 2016, whichever is
earlier in tirne, except that the ownership,operation,maintenance,indemnification,
environmental commitments, legal challenges, and claims articles shall re mizurt in effect until
terminated or modified,in writing,by mutual agreement. Should any construction-related or
other claims arising out of PROJECT be asserted against one of the parties, the parties agree to
II
District Agrmrnent No. 8-I433
extend the fixed termination date of this Agreennent, until sucl', time as the:eonstruction related
claims are settled,dismissed or paid
SIGNAwRf. S ON FOLLOWING PAGP:
12
District Agreement No. 8-1433
STATE OF CALIFORNIA CITY OF PALM SPRINGS
f)EPAR°rmLN"1'ot�'TRANSPORTATION
WILL KLMPTON
Director DAVID If. READ
CITY Manager
,..._ _
RAYMC D W. W LYE h-1) WAMES lHOMP ON E
By: _ B /
District Director CITY Clerk
APPROVED AS TO FORM AND
PROC.EDU
Al'PRC)VID AS 3'O FORM AND
PROCEDURE:
13y:
DOUC4AS HOLLAND
CITY Counsel
By Attom r ey COUNTY OF RIVERSIDE
I)Lpartment Of Transportation
cp ,
CERTIFIED AS TO FUNDS: ItPer r t?oard of Supervisors ,fE�Dwlr i�,;,T M
CHAIIR IR 10ARP OF SUP RAS RS
' I r
p p � .^ .�" ,• fir,
$Y ... d , r°r t L,r Bye r7 �ti,. y ✓ C 't"1"'4r
District Budget Manager Clerk, Board of Supervisors
KECIA HARPER- HDI
CERTIFIED AS TO FINANCIAL APPROVED AS TO FORM AND
TERMS AND POLICIES: PROCEDURE:
r ,
By Aca7un�rin�� rtmittistrptt5r 1, � B
COUNTY Counsel
mamha L.Vcwr
13
District Agreement No- 9-143 3
Dote, INN"
EXHIBIT A
COST FSTIMATE
ffl'Fi AM
MWI
Xj"
Pbave ......—---------
......... -------
--------------
............. ——Pd to ——------
6w1RCpf :A -Rut"-
IMWOW
14
District Agleemrnt, No- 5-1433
Exhibit B
ease lemon Sneer,and F rwr• aivermie,CA
p14ifrng Addew,P,4, Spa 1200 •lowed de,CA 92"a02.270a
787.7141 • Fm(w) 767-7920 w 'f<vc u
IM"Wtfim&ONlimm
February 11. 2009
Eared Maker PPRO: 0007G
prrrjact Marlow EA.: 46570
Program Project Mm'0"nent Route 10
Caltrans Cfistrict 8 Wien Avenue IC
464 W. Fourth Street, 00 Flom Rivemids County
San Bernardino, CA 92401-1400 Assembly 0isttiot: 80
Senate Owricta 37
(sear Mr. Maker:
The 1.10WIan Avenue iartarchange project has State Regional Improvement
Program (RIP) f s-wds Mogrernmed in the amount of $13.666 million for
construction. RCTC requests thaes RIP constnactiao forks the paid directly from
Caltrans to the Chy of Palm Springs as the City is the lead agency tar construction.
RCTC understands the payments to the City will be an a Monthly bask, In a
rehuburaed mm)r r, as identified in the cooperative atpeamant.
it you have queatiens regarding this request, please contact nw at 1861 l 787-7141.
Sinaarreel�y.
Shifty'Medlr
Programming and Planning Manager
cc: Patrick Bally, flhmict West Assistance Engineer
Marcus Fuller, City of Palm Springs.
15
„:;A
08-Riv-10-PM 32.6/33.0
Rcconstnict Existing Inierchangc at
1-I O Indian Avenue
EA 455701
District Agreement No, 8-1433 A'1
AMENDMENT NO. I TO AGREEMENT
T NO. I TO AGREEMI NT , ENTERED INTO E17FE-CTTVE ON
THIS AMI.NDMEN! 2009, is between the STATE OF CALIFORNIA. acting by and through its
13epartmcnt of"fransportation, referred to hcrcin as”STATT"," and the
CITY OF PALM SPRINGS, abody politic and
municipal corporation of the State of California.
referred to herein as "CITY"
and
COUNTY OF RIVERSIDE, a Ix)litical subdivision
of the State of California, reterred to herein as
"'COUNTY."
REQTALS
I. The Parties hereto entered into Agreement No. 8-1433, on October 27.2()O9, to
reconstruct existing interchange at Interstate 10(1-1.0)/Indian Avenue, located within the
City of Palm Springs, in Riverside County, referred to herein as "PROJECT,"
2. It has been decided that the PROJECT will now he using Regional American Recovery
and Reinvestment Act of 200() (ARRA) funds in the amount of$5,517,500 in place of
some of the Local funds.
IT IS THEREFORE MUT(!ALLY AGREEM
1. Under-RECITALS of Agreement No. 8-1.413,Article 4 is hereby amended in its entirety
to read as follows:
i
-CITY for the purpose of funding PROJECT cost for capital outlay will be using;
Regional ARRA Funding source in the atnount not to exceed $5,517.500, S"I ATE's
1'ranspnrtation Improvement Progtam/Regional lrnprovLnient Program ($TIP/RIP)
funding;source in the amount of S 13,656.000, Federal Dcmotystration 'l'ransportatit>n
Equity Act fbr the 20 Century (DEMO TEA 21) fonds in the amount (if$1,260,000 and
CITY's matching; funds in the amount 01'$315,000; and Safe, Acutuatable, Flexible,
H11ciunt. Transportation Act Equity-A legacy for l.lscrs (t)F,MO SA.FFITEA-1,0) funds
in tire amount of$2,200,000 and.CIT'Y's matching funds in the amount of S550,000. The
PRO.[UCTcost estimate is$30,762,000 as shown on Exhibit A-1, attached hereto and
made a pact of this Agrcetncat."
2. Under RECITALS of'Agreement No. 8-1433, the fiollowing new Article 1.2 is hereby
adder{to read as follows:
"The CTC'approved the allocation of Rcgponai American Recovery and.Reinvestment
Act of 2009 (ARRA) funds for PROJECT at its April, 2009 meeting.,,
3. Under SEC"I'ION I of"Agreement No. 8-1433, Articlel is hereby amended in its entirety
to read as follows:
"To be responsible for one hundred(100%) percent of total PROJ ECT construction cost
(of'which a portion will be funded out of STATE's ST'IP/'RCP, Regional ARRA, DEMO
and SAFE;I EA-I.-t 1 with the balance to he funded using local agency funding sources, as
shown in, Exhibit A-1)required for satisfactory completion of'PROJECT, including, but
not limited to Construction Zone Enhancement Enforcement Program (COZEEP), "State
furnished material," and source inspection costs of STAT'E's IQA. if it becolxtcs
necessary for an increase in lll?0JEC7 funding, said meretrse will be paid in full by
CITY
4. Under SECTION 1 ol'AgrLeinent No. 8-1433, the following new Articles 10, 11, 12, and 13 are
hereby added to read as follows:
1.0. "Any funding received and used by CITY that is determined by subsequent state or
federal audit to be unallowable under state or federal law, regulations Or aihninistrativc
procedures, are subject to repayment by CITY within ninety(90)days of demand or
within such other period as agreed to by the parties. CITY agrees that STATE is hereby
authorized to intercept and withhold any future payments due CITY from STATF or any
third party source., including;but not limited to the State Treasurer, title State Controller or
the C'alifornia'l'ransportation Commission."
11. "'To submit continuous billing for reunbursement of a portion of the expenditures for
PROJECT, to be paid out of Regional ARRA funds, up to the amounts shown against
those funds in Exhibit A-I."
12. "Upon completion of the construction capital activities for PROJECT, to funush S I'ATE
with a detailed statctnent of the total actual costs funded from Regional ARRA funding
sources, whicb were reimbursed to CITY on a continuous basis."
2
13. "Ilpon completion of the construction activities for PROJECT and all work incidental
thereto. to furnish S'I ATE with a detailed ,4tatemenyt of the total actual costs required to
complete the aforementioned services and funded from Regional ARRA funding sources,
which were 1,eirttbursed to CITY on a continuous basis. CITY thMufiur shall refund to
STATE, promptly after completion of C'1'fY"s final accounting;of cysts for the above-
uientioned work, any amount of STATE's deposits required in Section 1 ofthis
Agreement..,
5. Under SECTION Ill of Agreement No. 8-1433, the following new Articles 9 and 10 are hereby
added to read as follows:
9 ''To pay CITY not later than twenty-five(25)working days upon receipt of crrY's
continuous billing therefor, for a portion Of the actual txmstruction capital expenditures..
to be paid tram Regional ARRA funds required for PROJECT""
10. "The total PROJECT costs, to be paid from out of Regional ARRA funding sources,
should not exceed the amounts shown in Fxhibit A-I."
ti. under SECTION IV of Agreement No. 8-1433, the following new Articles 29 and 'aG are
hereby added to read as follows:
29. "PROJE:CT is subject to the intent, terrrts, conditions,requirements, and
constraints of the Regional Amtticaa Recovery and Reinvestment Act of 2009
and as directed by STATE with regard to the Regional ARRA"
30, "The Parties agree to charge all PROJECT casts to Regional American. Recovery
and Reinvestment Act of 2009 (ARRA) funds prior to charging them to other
non- Regional ARRA bands. All non-Regional ARRA funds will be spent.
proportionally."
7. The. new Exhibit A-1, dated November 1.8, 2009. replaces the original Exhibit A of
Agreement No. 1433 and is hereby attached,to and made a part of that Agreement and
any reference to kixhibit A in the Original agreement is demted to he a reference to the
Exhibit A-1.
8. All other terms and conditions Of said Agrt�emcnt No. 8-1.433 shall rentlahr in full farce
and effect.
9, This Amendment No. I to Agreement is hereby deemct to be a part of Agreement
NO. 8-1433.
3
STATE.OF CALIFORNIA CITY OF PALM SPRINGS
DI•`PARTM1sN'1' Ol�TRANSPORTA'I'1(:)N
RANDFLL H. IWASAKiDirector of of Transportation l7AV1D H. 1tEAJ� ✓�
n CITY ManagLr
B ...
By:
RAYMOND W. WC)Ll h Phq ,"'FAMES THOMPSON
District Director f,;� CI°I-Y Clerk
APPROVED AS TO FORM AND
PROCEDUI7t,i, ,
APPROVED AS TO FORM ANDJ "
PROCEDURE By
DOU(ILAS HOLLAND
CITY Counsel
Attorney. COUNTY OF RIVERSIDE
Department of Trwtsportation
Cy
By �� v
CERTIFIED AST()FI.INDS' S cry �y�x�cIf Sup<t� ors
,a
� t g
r,,District Budget M1 p cr -- C C rk', Bo.trd n 5upertisor5
ICFCNA kRPER-IHFM
C;FRTIFIED AS TO FINANCIAL, A1311ROVED AS TO FORM AND
TERMS AND POLICIES: PROCEDURF:
A �
't,''��;�,, Acucruntrn�A�ltninrstratcrr �Ca,C)ol1�I�IT��uatstiN J'
r
4
pntre urlx,•zuuy
EXHIBIT "A-1"
C OST E STIMATE
_µ.. .... '- -----------
L"A LFageAnt
Mlti4luk'0L4+![7atnrrearf rRrdr>yY&14n; Rtl Ma ,i%;20 F_ 2W% W FOOnrl
wpd +,tlrl.": Fund 7ypc. stnnulw Cwul ryfM'" )Ylhdlypc9 L1mit lypr Furw1t4K-
oL Mo
AA 1 1,,mw RrCuntal SMI TC°Jt'1( Uwt 0.1p/RIC 1poo
ARRA
sl`FCowl' Ph eSP ._... ._ ...... .----._...... y ....-�
P"%1 ....,.,. W
{ 1 ...t ,_ 1 ifS.DU
'1 ...
l nnwltvrllon G j 51 fMkI7WM)flll Ci(Mldl(lrg;i i!
Salt 3 1{
("ACV7 Al_ rhmgn., ,.�.. Vw
(:uc,pi(xlatl 4 %1 ,'„G!(1,(N)(1{N7..1...9'315 n(k1(NI --ors sl?i fN)(Ni.... s...?(Ni,(k)n1Ni s45nACMW)U11 sl—:.1 Gat iuu11N1, .�.M1'hi 9Lx).fNl 3 :"1`"aI.INNII>ir
WXV(a tlal. 9
. lol A15.,,.,,. s1..2(N)06)0,(q j.,rb71],GI1N).MS S54I741x)(e) , %2,2(N),IN)q 1%I YjSp;(MNI(]17.,, ,S19G 61WNIPN)_ ) +h Vt7dMY,fN) %Ill?(+�aMNr l4>
1
5
Indian Canyon Drive I Interstate 10 Interchange Project
1
EXHIBIT IF • PROJECT COST ESTIMATE
2
4
6
6 Pl;)ns, Specs&Estimate $100,000 $0 $100.000
7 Construction (includes 5%
Contingency) $26,600,000 $0 $26,600.000
8 Construction Engineering and
Inspection $3,900.000 $0 $3,900,000
9 Construction Survey $500,0001 $01 $500,000
10 TOTALS $31,100,0001 $01 $31,100-001
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29 14
Cooperative Agreement