HomeMy WebLinkAboutA5885 - COUNTY OF RIVERSIDE ROADWAY IMP ON GENE AUTRY TRAIL UPRR BRIDGE WIDENING ^E Gr TO' Gene Autry Trail Bridge Widening Project
CITJ OF PALw1 SPPitiGS AGREEMENT BY AND BETWEEN
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2 PAUM,SPPdoVGS,CA 32263 RIVERSIDE COUNTY :'1iC.
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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 casts 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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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 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 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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6. 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 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 for preparation of the ED, PS&E or Construction of project.
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8. 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 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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S. 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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6. 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 $ 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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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 prior 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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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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15. This Agreement shall terminate upon completion of the PROJECT or upon mutual agreements of the parties.
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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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8 / b Dated: 0 c0/0 1 4DQ�GLAS
Dated:7 arsha L. Victor,PAMELAJ. ALLS C- HOLLAND
8 Ity Attorney
County Counsel APPROVED BY CITY COUNCIL
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APPROVAL BY THE BOARD OF SUPERVISORS APPROVED BY:
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13 Dated:NOV 2 4 2009
��13ated. /j c
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F tE DAVID H- READY
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Chairman, Riverside County Board of Supervisors City Manager
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17 ATTEST:
ATTEST:
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19 WN/L
20 r /91�`Dated: NOV 2 4 2009
21 i ?James Thompson
Kecia Harper-Them ( City Clerk (SEAL)
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Clerk of the Board (SEAL)
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24 Tf;? TO:
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BOX 2743
26 PALM SFI<Q<1GS,C.^. 92289
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Gene Autry Trail Bridge Widening Project
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9 GENE AUTRY TRAIL WIDENING CITY PROJECT NO. 01-04
10 PALM SPRINGS, CALIFORNIA
11 FEDERAL PROJECT NO. RPMSTPL 5282(018)
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14 a DILLON RD
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16 11' z PROJECT SITE
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18 VISTA CHINO (SR-111)
19 PALM SPRINGS a
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:;:::CITY
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23 VICINITY MAP
NO SCALE
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EXHIBIT B• PROJECT COST ESTIMATE
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TASK, CITY COUNTY TOTAL
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Preliminary Survey 50 $0 So
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7 Plans,Specs&Estimate $50,000 $0 $50,000
8 Environmental $0 $0 $0
9 Utilities $0 $0 $0
Construction(Includes 10%
10 Contingency) $5,500,000 SO $5,500,000
Construction Engineering and
11 Inspection $500,000 $0 $500,000
12 Construction Survey $250,000 SO $250,000
13 TOTALS $6,300.000 $0 $6,300,000
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