HomeMy WebLinkAboutA5651 - RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT COOP AGR CP 05-20 LATERALS 20C & 20CA __ -c:
C€ OF RA rA 5PI�!NGS COOPERATIVE AGREEMENT
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2 PALM SPRINGS MDP LATERAL 20C AND LATERAL 20CA
(Project Nos 6-0-00224 and 6-0-00225)
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4 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
5 CONSERVATION DISTRICT, hereinafter called "DISTRICT" and the CITY OF PALM
6 SPRINGS, hereinafter called "CITY", hereby agree as follows:
7 RECITALS
8 A. CITY has budgeted for and plans to construct, certain stormwater
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management facilities identified in DISTRICT'S Palm Springs Master Drainage Plan (MDP) as
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"LATERAL 20C" and "LATERAL 20CA" to provide continued flood protection for CITY'S
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12 roads and adjacent properties; and LATERAL 20C and LATERAL 20CA are hereinafter
13 altogether called "DISTRICT DRAINAGE FACILITIES" which drains into an existing
14 DISTRICT maintained underground storm drain system known as Palm Springs MDP Line 20,
15 Stage 2, Project No. 6-0-00320, Drawing 6-324, Sheet Numbers 6 and 7 of J5-, and
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B- The MDP facilities work includes construction of(i) approximately 1,200
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lineal feet of underground storm drain system, hereinafter called "Lateral 20C", as shown in
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19 concept in blue on Exhibit "A" attached hereto, and made a part hereof, and (ii) approximately
20 1,240 lineal feet of underground storm drain system, hereinafter called "Lateral 20CA", as shown
21 in concept in red on Exhibit "A" attached hereto and made a part hereof.
72 C. Associated with the construction of DISTRIC 1'DRAINAGL FACILITIES
23 is the construction of certain catch basins acid connector pipes that will be located within CITY'S
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rights of way, hereinafter called "APPURTENANCES" DISTRICT DRAINAGE FACILI11LS
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and APPURTENANCES are hereinafter altogether called "PROJECT", and
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27 D. The proposed PROJECT includes integral and critical segments of
28 DISTRICT'S Palm Springs Master Drainage Plan and continues the orderly development of
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1 CITY'S drainage and storm water management infrastructure, and
2 E. CITY will act as the sole CEQA lead agency for the PROJECT and, as
3 such will have the corresponding responsibility to 1'ul lill the obligations of a CEQA lead agency
4 with respect to the PROJECT.
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F. CITY desires DISTRICT to ultimately accept ownership and
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7 responsibility for operatiotl and maintenance of DISTRICT DRAINAGE FACILITIES.
8 Therefore, DISTRICT must review and approve plans (as show in District Drawings No. 6-354)
g and specifications, herein after called "PLANS and SPECIFICATIONS" and subsequently
10 inspect the construction of DISTRCT DRAINAGE FACILITIES; and
11 G. DISTRICT desires CITY to accept ownership and responsibility for the
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operation and maintenance of APPURTENANCES. Therefore, CITY must review and approve
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PROJECT PLANS and SPECIFICATIONS and subsequently inspect the construction o
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15 APPURTENANCES; and
16 I-1. DISTRICT is willing to: (i) review and approve, PROJECT, PLANS and
17 SPECIFICATIONS; in accordance with DISTRICT and CITY standards, (ii) inspect the
I8 construction of DISTRICT DRAINAGE FACII.ITiES, and, (iii) accept ownership and
19 responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES upon
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completion of PROJECT construction; and
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22 I. CITY is willing to: (i) prepare PLANS and SPECIFICATIONS, (ii) secure
23 all right of way and regulatory permits, licenses and rights of entry necessary to construct,
24 inspect, operate and maintain PROJECT, (iii) advertise and administer PROJECT and
25 construction contract, (iv) pay all costs associated with PROJECT'S design and construction, (v)
26 perform all required environmental studies and obtain all necessary regulatory permits, (vi)
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accept ownership and responsibility for the operation and maintenance of APPURTANCES, (vii)
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accept ownership and sole responsibility for the operation and maintenance of PROJECT
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I following completion of PROJECT until such time as DISTRICT accepts ownership and
2 responsibility for the operation and maintenance of DISTRICT DRAINAGE PACILITEiS; and
3 J. DISTRICT and CITY acknowledge that it is in the public interest to proceed
4 with the construction of PROJECT which is necessary to minimize flooding within street rights-
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of-way, reduce the hazards caused by flooding, and preserve the ability of the traveling public to
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7 sa('ely use CITY'S street rights-of-way; and
8 NOW, THEREFORE, the parties hereto mutually agree as follows:
9 SECTION I
10 CITY shall:
11 1. Pursuant to CEQA, act as the sole Lead Agency for preparation, circulation
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and adoption of all necessary and appropriate CEQA documents pertaining to the construction,
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operation and maintenance of PROJECT and as such, will have the corresponding responsibility
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15 to fulfill the obligations of a CL-'QA lead agency with respect to the PROJECT.
16 2• Secure, at its sole cost and expense, or cause to be prepared, PLANS and
17 SPECIFICATIONS in accordance with CITY and DISTRICT standards.
18 3. Secure, at its sole cost and expense all necessary rights of way, rights of
19 entry and temporary construction casements necessary to construct, operate and maintain
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PROJECT.
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4. Secure, at its sole cost and expense all necessary permits, approvals and/or
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23 agreements, licenses, rights of entry as required by any Federal or State resource or regulatory
24 agencies pertaining to the construction, inspection, operation and maintenance of PROJECT.
25 Such documents, hereinafter called "REGULATORY PERMITS", include, but are not limited to,
26 a Section 404 permit issued by USACOE, a Section 401 Water Quality Certification issued by
27 the California Regional Water Quality Control Board (CRWQCB), a Section 1601 Streatnbed
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Alteration Agreement issued by the California Department of Fish and Game and National
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I Pollutant Discharge Elimination System Permits issued by the State Water Resources Control
2 Board or CRWQCB. Furnish DISTRICT with copies of all permits, approvals, and/or
3 agreements required by any Federal, State Resources, and/or regulatory agency for the
4 construction operation and maintenance of D1ST'R1C'f DRAINAGE FACILITIES. Such
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documents include but are not limited to those issued by the U.S. Army Corps of Engineers,
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7 California Regional Water Quality Control Board, California State Department of Fish and
8 Game and State Water Resources Control Board.
9 5. Prior to advertising for bids, provide DISTRICT an opportunity to review
10 and comment on all REGULATORY PERMITS prior to submittal to regulatory agencies.
11 6. Prior to awarding a public works construction contract for PROJECT,
12 provide DISTRICT an opportunity to review and approve PLANS and SPECIFICATIONS.
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7. Construct PROJECT pursuzmt to a CITY administered construction
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15 contract, in accordance with PLANS and SPECIFICATIONS approved by CITY and
16 DISTRICT-
17 8- Furnish, or cause its construction manager to furnish, all construction
18 survey and materials testing services necessary to construct PROJECT.
19 )- Provide DISTRICT with written notice that CITY has awarded a
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construction contract for PROJECT.
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10. Prior to commencing PROJECT construction, fumish DISTRICT with final
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23 Mylar of PLANS and assign their ownership to DISTRICT prior to the start of PROJECT
24 construction.
25 11. Not permit any change to or modification of the PLANS and
26 SPECIFICATIONS without the prior written permission and consent of DISTRICT.
27 12. Prior to commencing PROJECT construction, CITY shall schedule and
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conduct a mandatory pre-construction meeting between CITY, CITY'S construction manager,
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1 CITY'S construction contractor(s), DISTRICT and other affected entities. CITY shall notify
2 DISTRICT (Attention: Design and Construction Division ._ Contract Administration) in writing
3 at least twenty (20) days prior to conducting the pre-construction meeting.
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13, Require its PROJECT construction contractor(s) t0 procure and maintain
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comprehensive liability insurance which shall protect DISTRICT and County of Riverside from
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7 claims for damages for personal injury, including accidental or wrongful death, as well as from
8 claims for property damage, which may arise from CITY'S construction of PROJECT or the
9 performance of its obligations hereunder, whether such construction or performance be by CITY,
10 the aforementioned construction contractor(s), or any subcontractors to said construction
11 contractor(s), or by anyone employed directly or indirectly by said construction contractoT(s) or
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subcontractors. Such insurance shall provide for coverage limits of not less than two million
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dollars ($2,000,000) per occurrence and shall name DISTRICT and County of Riverside as
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15 additional insureds with respect to this Agreement and the obligations of CITY hereunder. Said
16 insurance coverage shall be provided by an insurance company licensed to transact insurance
17 business in the State of California, and shall be evidenced by a certificate (or Certificates) of
18 insurance indicating that the insurance is in full force and effect and that DISTRICT and County
19 of Riverside are named as additional insureds. Said certificate(s) of insurance shall contain the
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covenant of the insurance carrier(s) that sixty (60) days written notice shall be provided to CITY
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22 and DISTRICT prior to any modification, cancellation, or reduction in coverage of said
23 insurance.
24 Prior to CITY issuing a Notice to Proceed to its construction contractor(s)
25 to begin construction of PROJECT, an original certificate of insurance evidencing the required
26 insurance coverage shall be provided to DISTRICT.
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14. [This Section Intentionally Left Blank]
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1 15, Require its construction contractor(s) to comply with all Cal/GS14A safety
2 regulations, including regulations concerning confined space, and maintain a safe working
3 enviromnent for all CITY and DISTRICT employees on the site.
4 16. Require its construction contractor to furnish DISTRICT a confined space
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procedure specific to PROJECT. The procedure shall comply with requirements contained in
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7 California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations, Section
8 5157, Permit Required Confined Space and DISTRICT confined Space Procedures, SOM-18.
9 The procedure shall be provided to DISTRICT prior to start of construction.
10 17. Grant, by execution of this Agreement the right to inspect, operate and
I I maintain DISTRICT DRAINAGE FACILITIES within CITY rights of way.
12 18. [This Section Intentionally Left Blank]
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19. Upon completion of PROJECT construction but prior to DISTRICT'S
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15 acceptance of DISTRICT DRAINAGE FACILITIES for ownership, operation and maintenance,
16 provide DISTRICT with appropriate engineering documentation necessary to establish that
17 DISTRICT DRAINAGE FACILIEIS was constructed in accordance with the CITY and
I8 DISTRICT approved PLANS and SPECIFICATIONS.
19 20. Assume ownership and sole responsibility for the operation and
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maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility
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for the operation and maintenance oCDISTRICT DRAINAGE-' FACILITIES as set Forth herein.
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23 21. Within two weeks of completing PROJECT construction, provide
24 DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT
25 construction is substantially complete and requesting that DISTRICT conduct a final inspection
26 o C PROJECT.
27 22. Upon completion of construction of PROJECT, but prior to acceptance of
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PROJECT for ownership, operation and maintenance, CITY'S civil engineer of record or
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1 construction civil engineer of record, duly registered in the State of California, shall provide
2 DISTRICT a redlined "as-built" copy of FLANS. After DISTRICT approval of the redlined "as-
3 built" drawings, CITY'S engineer shall schedule with DISTRICT a time to transfer the redlined
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changes onto DISTRICT'S original mylars at DISTRICT'S office, after which the engineer shall
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review, stamp and sign PLANS "AS-BUILT".
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7 23. Accept sole responsibility for the adjustment of all PROJECT manhole
8 rings and covers located within CiTY rights of way which must be performed at such time(s) that
9 the finished grade along and above the underground portions of PROJECT is improved, repaired,
10 replaced or changed. It being further understood and agreed that any such adjustments shall be
I I performed at no cost to DISTRICT.
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SECTION II
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DISTRICT shall:
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15 1. Act as a Responsible Agency under CEQA and take all necessary and
16 appropriate actioai to comply with CEQA.
17 2. Review and comment on all necessary REGULATORY PERMITS prior to
18 CITY advertising for bids.
19 3. Review and approve PLANS and SPECIFICATIONS prior to C1TY'S
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award of the PROJECT construction contract.
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22 4. inspect DISTRICT DRAINAGE FACILITIES construction for quality
23 control purposes.
24 5. Accept sole responsibility for ownership, operation and maintenance of
25 DISTRICT DRAINAGE FACILITIES upon (i) DISTRICT acceptance of DISTRICT
26 DRAINAGE FACILITIES as being complete, (H) receipt of appropriate engineering
27 doctunentation as set forth in Section L19- and (iii) receipt of"as-built" construction drawings as
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set forth in Section 1.22 (iv) CI1 Y acceptance of APPURI'ENANCES.
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1 6. Upon DISTRICT'S acceptance of DISTRICT DRAINAGE FACILITIES
2 construction as being complete, provide CITY with a reproducible duplicate copy of the "as-
3 built" PLANS.
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SECTION III
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It is further mutually agreed:
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7 1. Except as otherwise provided herein, all construction work involved with
8 DISTRICT DRAINAGE FACILITIES shall be inspected by DISTRICT and shall not be deemed
9 complete until approved and accepted as complete by DISTRICT.
10 2. CITY personnel may observe and inspect all work being done on
11 DISTRICT DRAINAGE FACILITIES, but shall provide any comments to DISTRICT personnel
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who shall be solely responsible I'or all quality control communications with CITY'S construction
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contractor(s) during the construction of DISTRICT DRAINAGE FACILITIES.
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15 3. Each party, as to any claim or liability arising out of any act or omission
16 with reference to any work to be performed by or authority delegated to such party as a result of
17 this Agreement, shall save, defend, indemnify and hold harmless the other party and its officers
18 and employees from all liability 1'or death or injury to person, or damage to property, or claim
19 therefore. CITY shall require its prime contractor to include DISTRICT as an additional insured
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under the liability insurance coverage required by CITY'S construction contract for PROJECT.
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22 4. Any notices sent or required to be sent to either party shall be mailed to the
23 following addresses:
24 RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS
AND WATER CONSERVATION DISTRICT Post Office Box 2743
25 1995 Market Street Palm Springs, CA 92263-2743
26 Riverside, CA 92501 Attn: Marcus Fuller
27 5. If any provision of this Agreement is held by a court of competent
28 jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless
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1 continue in full force without being intpaired or invalidated in any way-
2 6- This Agreement is to be construed in accordance with the laws of the State
3 of California.
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7. This Agreement is the result of negotiations between the parties hereto and
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with the advice and assistance of their respective counsel. The fact that this Agreement was
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7 prepared as a matter of convenience by DISTRICT shall have no import or significance. Any
$ uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because
9 DISTRICT prepared this Agreement in its final form.
10 8. Any waiver by DISTRICT or CITY of any breach by the other of any one oi-
11 more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or
12 other breach of the same or of any other tern thereof. Failure on the part of DISTRICT or CITY
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to require from the other exact, full and complete compliance with any terms of this Agreement
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15 shall not be construed as in any manner changing the terms hereof, or estoppiog DISTRICT or
16 CITY from enforcement hereof.
17 9. This Agreement is intended by the parties hereto as their Final expression
1s with respect to the matters herein, and is a complete and exclusive statement of the terms and
19 conditions thereof. This Agreement shall not be changed or modified except by the written
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consent of both parties hereto.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement
2 on MAY L 3 2008
(to be tilled in by Clerk of the Board)
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4 RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROI,
AND WATER CONSERVATION DISTRICT
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`! -e / �,-,"- - By ✓L
6yVARREN D. WILLIAMS MARION ASHLEY, Chairman
General Manager-Chief Engineer Riverside County Flood Control and Water
7 Conservation District Board of Supervisors
8 APPROVED AS TO FORM: ATTEST,
9
JOES. RANK NANCY ROMERO
10 County Cot s I Clerk of the Board
11 By B7f I �4�7, �✓
12 NEAII KIPNIS Deputy
Deputy County COLLSe
13 Dated: MAY n 3 2008 (SEAL)
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1 RECOMMEND FOR A 'I'ROVAL: CI OI' PALM SPRINGS
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DAVID J. BARAKIAN DAVID I-I. RL-ADY
3 Director of Public Works/City Engineer City Manager
4 APPROV S TO I-OIZM: ATI'L'•Sl':
5 By ��� �1� ?/` I3Y _
6 DOUG S C- IIOLLAND ES T14OM13SON 04l81200e
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City AtIlorney 'ily Clerk
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8 (SEAL)
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10 TLC:mcv APPROVED BY CITY COUNCIL
P8\117007 c�
11 02/11/08
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Exhibit A
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