HomeMy WebLinkAboutA3619 - RCFC WATER CONSERVATION DIST FLOOD MO 5658 Riverside Cty Flood Control &
Water Conservation Dist.
Whitewater River Bank Levee
1 AGREEMENT AGREEMENT #361N
AG
REEMENT M06TWO
2 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
3 DISTRICT, hereinafter called "DISTRICT" , and the CITIES OF PALM
4 SPRINGS AND CATHEDRAL CITY, hereinafter collectively called "CITIES" ,
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hereby agree as follows :
6 RECITALS i
A. DISTRICT and CITIES have cooperatively planned and
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DISTRICT has budgeted for the construction of Whitewater River Right
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Bank Levee Stage 2, hereinafter called "PROJECT" , along the western
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bank of the Whitewater River extending from Indian Avenue
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southeasterly to a downstream terminus at 34th Avenue/Dinah Shore
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Drive, as shown in concept on Exhibit "A" attached hereto and made a
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14 part hereof; and
15 B. DISTRICT will prepare plans and specifications for
16 PROJECT and will administer a public works construction contract for
17 PROJECT; and
C. CITIES will benefit from the construction of PROJECT
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19 through reduced maintenance of their streets and improved traffic
20 safety during periods of flooding, to the extent that CITIES are
21 willing to grant DISTRICT the right to construct, operate and maintain
22 PROJECT within CITIES' rights of way as set forth herein; and
23 D. It is in the best interest of the public to proceed
24 with the construction of PROJECT at the earliest possible date.
25 IT IS THEREFORE mutually agreed as follows:
26 SECTION I
27 DISTRICT shall:
28 1. Prepare at DISTRICT expense, plans and specifications
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JUN i 0 1996,
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E
1 for PROJECT in accordance with DISTRICT and CITIES' standards .
2 2 . Provide each of the CITIES an opportunity to review the
3 plans and specifications for PROJECT prior to advertising for PROJECT
4 construction contract bids.
5 3 . Construct, or cause to be constructed, PROJECT pursuant
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to a public works contract, administered and inspected by DISTRICT,
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and pay all costs for contract administration, construction,
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construction surveys, construction inspection and other costs of
PROJECT not specifically agreed to by CITIES herein.
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4 . Relocate all sanitary sewers at its own expense and
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relocate all other utilities at its own expense which must be
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relocated and cannot be ordered relocated by CITIES at the utility
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company's expense.
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5. Upon acceptance of PROJECT as being complete, accept
15
it
16I, responsibility for the operation and maintenance of PROJECT.
6. Provide each of the CITIES with "as-built" mylar prints
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18 of PROJECT improvements installed, upon DISTRICT'S acceptance of
19 PROJECT as being complete.
20 SECTION II
21 CITIES shall, each for their own account and within their
22 respective jurisdictions:
23 1. Relocate, or cause to be relocated at their own
24 expense, all of CITIES' utilities, excepting sanitary sewers, and
25 order the relocation of all utilities installed by permit or franchise
26 within CITIES' rights of way which conflict with the construction of
27 PROJECT and which must be relocated at the utility company's expense.
28 2. Grant DISTRICT, by execution of this agreement, the
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1 right to construct, operate, and maintain PROJECT within CITIES'
2 rights of way, provided CITIES are g Y, p given the opportunity to review and
3
approve the plans and specifications prepared for PROJECT, prior to
4 advertising for construction contract bids in accordance with Section
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1.2.
6
SECTION III
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IT IS FURTHER mutually agreed:
1. CITIES' personnel may observe and inspect all work
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being done on PROJECT, at their respective sole expense, but shall
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lliprovide any comments to DISTRICT personnel who shall be responsible
for all communications with the contractor.
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13 ,1 2. In the event any agreed upon additional work is
requested by CITIES, or either of them, then CITIES, or the CITY
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requesting such additional. work, shall pay DISTRICT for such work at
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16 ,I the contract unit prices bid, or at the negotiated change order
17 Prices. Payment shall be based upon actual quantities of materials
18I installed.
19 3 . Neither party nor any officer or employee thereof shall
20 be responsible for any damage or liability occurring by reason of
21 anything done or omitted to be done by the other party under or in
22
connection with any work, authority, or jurisdiction delegated to such
23I other party under this Agreement. It is also understood and agreed
24 that, pursuant to Government Code Section 895.4, each party shall
25 fully defend, indemnify, and hold harmless the other party from any
26 liability for death or injury to person, or damage to property, or
27 claim therefor (as defined by Government Code Section 610 .6) occurring
28i; by reason of anything done or omitted to be done by said party under
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il
1 or in connection with any work, authority, or jurisdiction delegated
2 to said party under this Agreement.
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4. Any notices sent or required to be sent to the parties
II
4 shall be mailed to the following addresses :
5 RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS
6 AND WATER CONSERVATION DISTRICT Post Office Box 2743
1995 Market Street Palm Springs, CA 92263
7 Riverside, CA 92501
81 CITY OF CATHEDRAL CITY
Post Office Box 5001
9 Cathedral City, CA 92235-5001.
10 5. This agreement is the result of arms length
11 negotiations between the parties hereto and with the advice and
12 assistance of their respective counsel. No provision contained herein
13 shall be construed against DISTRICT solely because, as a matter of
14 convenience, it prepared the agreement in final form.
15 6. Any waiver by DISTRICT or either of CITIES of any
16 breach by the other of any one or more of the terms of this agreement
17 shall not be construed to be a waiver of any subsequent or other
18 breach of the same or of any other term thereof. Failure on the part
19 of DISTRICT or either of CITIES to require from the other exact, full
20 and complete compliance with any terms of this agreement shall not be
21 construed as in any manner changing the terms hereof, or estopping
22 DISTRICT or CITIES from enforcement hereof.
23 7. The experience, knowledge, capability,
y, and reputation
24 of DISTRICT, its principals, and employees were a substantial
25 inducement to CITIES to enter into this Agreement. Therefore,
26 DISTRICT shall not contract with an other entity to y y perform in whole
27
or in part the services required hereunder without the express written
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1 approval of CITIES. In addition, neither this Agreement nor any
2 interest herein may be transferred, assigned, conveyed, hypothecated,
3 or encumbered voluntarily or by operation of law, whether for the
4 benefit of creditors or otherwise, without the prior written approval
5 of CITIES.
6 8. This agreement is intended by the parties hereto as
7 1
their final expression with respect to the matters herein, and is a
8
complete and exclusive statement of the terms and conditions thereof.
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This agreement shall not be changed or modified except by the written
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consent of all parties hereto.
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1 IN WITNESS WHEREOF, the parties hereto have executed this
2 agreement on �^y�- 1 s ) 0
3 (to be filled in by Clerk of the Board)
4 RIVERS%BZo1aA^&"%terv%ip"
LOG CONTROL
RECOMME ED FO A OVAL: TI D RICT
By
6 ""DAVID P. ZAPPE airmors
General Manager-Chief Engineer
ry FacClignature
APPROVED AS TO FORM: ATTEST: affixed by Clerk per
g cwr. 25103 Gov. Code
WILLIAM KATZENSTEIN GERALD A. MALONEY
9 ' County el Clerk of theJ Board
s ;
10 By By CL' : k �G_41"r'2^�
Deputy Deputy
11
Dated: ��1 !L? 9C- (SEAL)
12
13 RECOMMENDED FOZ APP 8,1 CI P S
14 i� .:y�r r �, � By__
&112director of Public Wo ks Cit Manager
15
16 APPROVED AS �TO F ATTEST:
c-
17 B / 1z9�-C� ByC
Y
City At�Lo ney Cit-y Clerk
18 (SEAL)
19 RECOMMENDED FOR APPROVAL: CITY OF CATHEDRAL CITY
21 City Manager Mayor
22 ATTEST/�
City Engineer
23
City Clerk
24 APPROVED AS TO FORM:
(SEAL)
25 BY —
City Attorney
26
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27 2775r6 : '� • vf�. ��y,iy„�,
04/01/96
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