HomeMy WebLinkAboutA3962 - DWA MESQUITE IMPROV PROJ MO 6124 Desert Water Agency
• Construction of Mesquite Ave.
R flu-,I70: Improvement Project
AGREEMENT #3962
Li i M06124, 4-1-98
�V7 OF PPJJV,SPFPI\IU;
AGREEMENT FOR
CONSTRUCTION OF MESQUITE AVENUE IMPROVEMENT PROJECT
This Agreement for Construction of Mesquite Avenue Improvement Project is dated this
day of
1998, by and between the Desert Water Agency, hereinafter
called"Agency", and the City of Palm Springs, hereinafter called"City", with reference to the following:
RECITALS
A. Agency has prepared construction drawings and specifications to construct replacement
water pipelines and associated appurtenances within Mesquite Avenue between Camino Real and Sunrise
Way hereinafter called"Water System Improvements".
B. City desires that Agency include, as part of the Water System Improvements construction
Contract("Contract"), certain street improvements,including asphalt pavement removal and replacement,
hereinafter called"Street Improvements"to be owned, operated, and maintained by City. Said Street
Improvements, which are to be located within Mesquite Avenue between Calle Palo Fierro and 100 feet
west of Sunrise Way,together with the Water System Improvements, are hereinafter collectively called
"Project";
C. Agency is willing to include the City's Street Improvements as part of the Project
provided City(1)pays Agency all costs associated with the Street Improvements as set forth herein, and
(2)assumes ownership and responsibility for the operation and maintenance of the Street Improvements
following completion of construction and acceptance by Agency and City.
D. City will benefit from construction of Water System Improvements through increased fire
protection capabilities and reduced future utility repairs and replacements,thus reducing roadway
encroachments,repairs, and replacements of existing pipelines.
E. It is in the best interest of the public to proceed with the construction of Project as soon as
reasonably possible.
IT IS THEREFORE mutually agreed as follows:
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MY DOCSMSC.DOCS/MGSQUITG AGRMNT
• S> CTION I •
CITY SHALL:
1. Prepare, at its own expense, drawings, specifications, and quantity estimates for Street
Improvements in accordance with City standards.
2. Submit said drawings, specifications, and quantity estimates to Agency for review and
approval and inclusion as part of the drawings and specifications of the Project Construction Contract
("Contract Documents").
3. Provide, at its own expense, construction engineering and inspection services including
construction staking for the construction of the Street Improvements.
4. Provide a No Cost Construction Permit, for the total project awarded by Agency, to the
contractor awarded Project work, including subcontractors, for all Project work within the City of Palm
Springs.
5. Provide, at its own expense, all compaction tests associated with the construction of the
Street Improvements.
6. Relocate, or cause to be relocated, at its own expense, all utilities within City rights-of-
way which conflict with the construction of the Street Improvements.
7. Pay the City's share of cost of constructing Street Improvements, based upon the
approved Contract unit prices and pursuant to Section 111.3. herein.
8. Replace the crosswalk at Calle Palo Fierro, and all existing raised pavement markers
within the limits of the street improvements.
9. Upon recordation of Notice of Completion for Project by Agency, accept ownership and
responsibility for the operation and maintenance of Street Improvements.
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MY DOCS/MISC DOCS/MESQUITE AGR T
• SECTION II •
AGENCY SHALL:
1. Prepare, at its own expense, drawings, specifications, and quantity estimates for the
Water System Improvements in accordance with Agency standards.
2. Provide City with Agency Auto Cad computer file base drawings of Project area
topography, for City design of street improvements.
3. Provide City an opportunity to review and approve the drawings and specifications for
the Water System Improvements prior to advertising for construction Contract bids.
4. Provide, at its own expense, construction engineering and inspection services including
construction staking for the construction of the Water System Improvements.
5. Provide, at its own expense, all compaction tests associated with the construction of the
Water System Improvements.
6. Provide, at its own expense,the adjustment of all pipeline valve cans to final grade upon
completion of pavement replacement, in accordance with current Agency specifications.
7. Construct, or cause to be constructed, Project pursuant to a public works Contract,
administered by Agency, and pay all costs for construction surveys, construction inspections, and other
costs of Project not specifically agreed to by City herein, subject to City payment of all costs associated
with the construction of Sheet Improvements pursuant to this Agreement.
8. Notify City of date of bid opening. Notify City of bid results within 4 hours of the bid
opening.
9. Remove and replace, at its own expense, all asphalt concrete pavement and Portland
Cement concrete and traffic signal detector loops and crosswalk markings at Sunrise Way associated with
the Water System Improvements.
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• SECTION III •
IT IS FURTHER MUTUALLY AGREED:
1. Water System Improvements shall include but not be limited to the replacement of
existing water mains, services, and fire hydrants. Only those services deemed to be active by Agency
shall be replaced at Agency's expense.
2. Street Improvements shall be set forth in the Contract Documents by Bid Schedules and
Bid Items designated by the City in addition to separate Water System Improvements Bid Schedules and
Bid Item(s). City shall advise Agency in writing within 24 hours following the Bid opening which Bid
Items, if any,to include with the base Bid Items in the award of the Contract. Otherwise,Agency will
assume City wishes to include only Bid Schedule 11, Mesquite Avenue Pavement Rehabilitation, as
defined in the Contract Documents.
3. City shall pay Agency the Contract unit prices, or negotiated change order prices,for ally
agreed upon additional work requested by City. Where possible, payment shall be based upon actual
quantities of materials installed.
4. Agency shall bill City upon award of Project Contract for 100% of City's share of the
actual Contract Amount for Street Improvements. City shall make payment to Agency within thirty days
(30)after receipt of said billing. City's share of work includes grinding 2"of asphalt concrete in areas of
street not to be removed for construction of waterline or laterals,and 2"thick rubberized asphalt overlay,
and appurtenant work per Section 1.
5. Final billing to City,which shall include any extra work per Section 111.3, and or any
refund, shall be made within thirty(30)days after completion of Project. City's final payment to Agency
shall be made within thirty(30)days from receipt of said final billing.
6. Agency shall reimburse City for all interest actually accrued on City's funds while on
deposit with Agency.
7. Progress payments and final payment for the Sheet Improvements shall be made by
Agency only after City has had the opportunity to review and continent on same.
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8. Total amount aid by Agency to Contractor for Street Implements shall not exceed
90% of the work completed. The Agency shall make final payment of unpaid and undisputed amounts
clue on the contract within 60 days after completion of the work.
9. City inspector shall inspect Sheet Improvements to ensure that they are constructed in
accordance with the Contract Documents. City inspector shall advise Agency of any revisions to the
Contract construction drawings necessitated[by conditions encountered in the field. Any revision to the
Contract construction drawings or the cost of the Street Improvements shall be directed to the Contractor
through the Agency.
10. Agency personnel may observe all work being done on Sheet Improvements, at its sole
expense,but shall provide any comments to the City personnel who shall be responsible for all
communications with the Contractor for Street Improvements. City shall, at its sole expense, have at all
times an inspector available to inspect the construction of the Street Improvements.
it. Agency shall require Contractor to furnish, at City's expense, a separate warranty bond in
the amount of 100% of the cost of the Street Improvements. Said bond shall name the Agency and the
City as obligees. Said warranty bond shall remain in force for one(1)year following final payment for
Project by Agency.
12. Agency shall require Contractor to include City, its Council,managers, officers, agents,
engineers, and employees as additional insured for those coverages required in the Contract Documents
with respect to insured liabilities caused by the Contractor, its associates, its subcontractors of every tier,
and its employees arising out of the work performed by or on behalf of the certifying Contactor.
13. Neither Agency, nor any officer or employee thereof, shall be responsible for any damage
or liability occurring by reason of any act or omission by City under or in connection with any work,
authority, or jurisdiction not delegated to Agency under this Agreement. It is also understood and agreed
that,pursuant to Government Code Section 895.4, City shall fully indemnify and hold Agency harmless
from any liability imposed for injury(as defined by Government Code Section 810.8)occurring by reason
of any act or omission by City under or in connection with any work, authority, or jurisdiction delegated
to City under this Agreement.
14. Neither City, nor any officer or employee thereof shall be responsible for any damage or
liability occurring by reason of any act or omission by Agency under or in connection with any work,
authority, or jurisdiction delegated to Agency under this Agreement. It is also understood and agreed
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MY DOCS/MISC DOCS/MESQUITEAGRMNT
that, pursuant to Government Code Section 895.4,Agency shall fully indemnify and hold City harmless
from any liability imposed for injury (as defined by Government Code 810.8) occurring by reason of any
act or omission by Agency under or in connection with any work, authority, or jurisdiction delegated to
Agency under this Agreement.
15. Time is of the essence in the performance of this contract. The parties agree that they
will use their best efforts to perform all obligations contained herein in a timely fashion.
16. Any notices sent or required to be sent to either party shall be mailed to the following
addresses:
Desert Water Agency City of Palm Springs
Engineering Department Public Works Department
P.O. Box 1710 P.O. Box 2743
Patin Springs, CA 92263 Palm Springs, CA 92263
17. This Agreement is the result of anus length negotiations between parties hereto and with
the advise and assistance of their respective counsel.
18. Any waiver by City or by Agency of any breach by the other of any one or more of the
terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the
same or of any other term thereof. Failure on the part of the City or Agency to require from the other
exact,fidl and complete compliance with any terms of this Agreement shall not be construed as in any
manner changing the terms hereof, or stopping City or Agency from enforcement hereof.
19. This Agreement is intended by the parties hereto as their final expression with respect to
the matters herein, and is a complete and exclusive statement of the terms and conditions thereof. This
Agreement shall not be changed or modified except by the written consent of both parties hereto.
20. In the event that either party hereto fails to comply with any of the terms of this
Agreement to be complied with on its part and other panty commences legal proceedings to enforce any of
the terms of this Agreement or to terminate this Agreement,the prevailing party in any suit shall receive
from the other a reasonable sum as Attorney's fees and costs as may be established by the Count.
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MY DOCS/MISC DOCS/MCSQUITCAGRM T
21. This Agreement shall be contingent upon Agency award of a construction Contract for
construction of the Project. The Agency reserves the right to reject all bids for construction of the
Project; in which event,this Agreement shall be mill and void.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
- o ,1 q
APPROVED AS TO FORM: DESERT WATER AGENCY
Jr��4'V�� By:
Counsel for ack H. Oberle
Desert Water Agency eneral Manager
ATTEST:
y
By: !61z' UI A -
Misty A. Sc letta
Assistant Secretary
(Seal)
APPROVED AS TO FORM: CITY OF PA P GS
kf By:
Counsel four-9 o ert Parkins
City of Patin Springs City Manager
ATTEST:
� By:g;):".."_v
„-. City Clerk
(Seal)
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MY DOCS/MISC,DOCS/MESQUITE AGR T