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HomeMy WebLinkAboutA3371 - RIVERSIDE COUNTY FLOOD CONTROL STORM LINE 34 Riverside Co Flood Control & Water Conservation Dist. Constr Storm Line 34 AGREEMENT #3371 AGREEMENT M05349, 4-20-94 2 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER 3 CONSERVATION DISTRICT, hereinafter called "DISTRICT", and the 4 CITIES OF PALM SPRINGS AND CATHEDRAL CITY, hereinafter 5 collectively called "C;ITIES", hereby agree as follows: 6 RECITALS 7 A. DISTRICT and CITIES have cooperatively planned and 8 budgeted for the construction of Line 34 of the Master Drainage 9 Plan for the Palm Springs Area, hereinafter called "PROJECT", 10 along Ramon Road from Gene Autry Trail easterly to the Whitewater 11 River, as shown on Exhibit "A" attached hereto and made a part 12 hereof; and 13 B. DISTRICT will prepare plans and specifications for 14 project and will administer a public works construction contract 15 for project; and 16 C. CITIES will benefit from the construction of 17 PROJECT through reduced maintenance of their streets and improved 18 traffic safety during periods of flooding, to the extent that 19 CITIES will each contribute funds to be used by DISTRICT toward 20 the cost of constructing project as set forth herein, and are 21 willing (i)' to grant DISTRICT the right to construct, operate and 22 maintain PROJECT within CITIES' rights of ways as set forth 23 herein, and (ii) to assume ownership and responsibility for the 24 operation and maintenance of PROJECT inlets and connector pipes 25 within CITIES' rights of ways upon completion; and 26 D. It is in the best interest of the public to proceed 27 with the construction of PROJECT at the earliest possible date. 28 IT IS THEREFORE mutually agreed as follows: - 1 - MAI 1 u 199e I SECTION I 2 DISTRICT shall: 3 1. Prepare at DISTRICT expense, plans and 4 specifications for PROJECT in accordance with DISTRICT and CITIES 5 standards. 6 2. Provide each of the CITIES an opportunity to review 7 the plans and specifications for PROJECT prior to advertising for 8 PROJECT construction contract bids. 9 3. Construct, or cause to be constructed, PROJECT 10 pursuant to a public works contract, administered and inspected 11 by DISTRICT, and pay all costs for contract administration, 12 construction, construction surveys, construction inspection and 13 other costs of PROJECT not specifically agreed to by CITIES 14 herein. 15 4. Relocate: all sanitary sewers at its own expense and 16 relocate all other utilities at its own expense which must be 17 relocated and cannot be ordered relocated by CITIES at the 18 utility company's expense. 19 5. Upon acceptance of PROJECT as being complete, 20 accept responsibility for the operation and maintenance of 21 PROJECT, excluding inlets and connector pipes within CITIES' 22 rights of ways. 23 6. Provide each of the CITIES with "as-built" mylar 24 prints of PROJECT improvements installed, upon DISTRICT'S 25 acceptance of PROJECT as being complete. 26 SECTION II 27 CITIES shall, each for their own account and within 28 their respective jurisdictions: 2 1 1. Relocate, or cause to be relocated at their own 2 expense, all of CITIES' utilities, excepting sanitary sewers, and 3 order the relocation of all utilities installed by permit or 4 franchise within CITIES ' rights of ways which conflict with the 5 construction of PROJECT and which must be relocated at the 6 utility company's expense. 7 2. Grant DISTRICT, by execution of this agreement, the 8 right to construct PROJECT and operate and maintain PROJECT 9 within CITIES' rights of ways. 10 3 . Pay DISTRICT, within thirty (30) days after receipt 11 of billing from DISTRICT, an amount as estimated by DISTRICT to 12 equal ninety percent (90%) of the equal contribution toward the 13 balance of the total cost of constructing PROJECT, including 14 administration, inspection and survey costs, as represented on 15 Exhibit "B" attached hereto and made a part hereof. The billed 16 amount will be based upon the actual contract unit prices 17 following the opening of PROJECT construction contract bids. 18 The agreed upon maximum individual amount that each of 19 the CITIES is contributing toward the construction of PROJECT, 20 including administration, inspection, and survey costs, is 21 $426,000.00 each, excluding any additional extra work as 22 described in Section III.2. 23 A final itemized accounting of all PROJECT construction 24 costs to CITIES shall be made by DISTRICT within forty five (45) 25 days after completion of PROJECT. CITIES final payment to 26 DISTRICT, including any extra work as described in Section 27 III.2. , shall be made within thirty (30) days after receipt of 28 said final billing. 3 - 1 4. Upon notice by DISTRICT of PROJECT as being 2 complete, accept ownership and responsibility for the operation 3 and maintenance of all. PROJECT inlets and connector pipes within 4 CITIES' rights of way: . 5 SECTION III 6 IT IS FURTHER mutually agreed: 7 1. CITIES' personnel may observe and inspect all work 8 being done on PROJECT, at their respective sole expense, but 9 shall provide any comments to DISTRICT personnel who shall be 10 responsible for all communications with the contractor. 11 2. In the event any agreed upon additional work is 12 requested by the CITIES, or either of them, then CITIES , or the 13 CITY requesting such additional work, shall pay DISTRICT for such 14 work at the contract unit prices bid, or at the negotiated change 15 order prices. Payment shall be based upon actual quantities of 16 materials installed. All costs incurred for additional work 17 requested by CITIES shall not be included as part of CITIES 18 contribution for PROJECT, $426,000. 00 each, as described in 19 Section II.3. 20 3. Each party as to any claim of liability arising out 21 of any act or omission with reference to any work to be performed 22 by or authority delegated to such party as a result of this 23 agreement, shall save defend, indemnify and hold harmless the 24 other parties, their officers and employees from all liability 25 for death or injury to person, or damage to property, or claim 26 therefor. 27 4. Any notices sent or required to be sent to either 28 party shall be mailed to the following addresses: - 4 - 1 RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS AND WATER CONSERVATION DISTRICT Post Office Box 2743 2 1995 Market Street Palm Springs, CA 92263 Riverside, CA 92501-1719 3 CITY OF CATHEDRAL CITY 4 Post Office Box 5001 Cathedral City, CA 92235-5001 5 5. This agreement is the result of arms length 6 negotiations between the parties hereto and with the advice and 7 assistance of their respective counsel. No provision contained 8 herein shall be construed against DISTRICT solely because, as a 9 matter of convenience, it prepared the agreement in final form. 10 6. Any waiver by DISTRICT or either of CITIES of any 11 breach by the other of any one or more of the terms of this 12 agreement shall not be construed to be a waiver of any subsequent 13 or other breach of the same or of any other term thereof. 14 Failure on the part of DISTRICT or either of CITIES to require 15 from the other exact, full and complete compliance with any terms 16 of this agreement shall not be construed as in any manner 17 changing the terms hereof, or estopping DISTRICT or CITIES from 18 enforcement hereof. 19 7. This agreement is intended by the parties hereto as 20 their final expression with respect to the matters herein, and is 21 a complete and exclusive statement of the terms and conditions 22 thereof. This agreement shall not be changed or modified except 23 by the written consent of all parties hereto. 24 25 26 27 28 5 - 1 IN WITNESS WHEREOF, the parties hereto have executed this agreement on �" ° - � 44 + ? 2 (to be `fj led in "by Clerk of the Board) 3 4 RIVERSIDE COUNTY FLOOD CONTROL RECOMMENDED FOR APPROVAL: AND WAT CONS RVATION DISTRIC 5 �/1 a) v / e By 6 KENNETH L. EDWA WS Chairman, a .c1 _of. Supervisors General Manager-Chief Engineer 7 8 APPROVED AS TO FORM: ATTEST: 9 WILLIAM KATZENSTEIN GERALD A. MALONEY County sel Clerk ,vth oar-d 10 BY B - - 11 Dep ty�( Deputy 12 Dated: /rr 9 4 (SEAL) 13 CITY OF PALM SPRINGS 14 1 15 Director of Public WorksvCity Manager 16 APPROVED AS TO FORM: ATTEST: 17 BY � ��, B}/ City Attor dity Clerk 18 r @]j19 �MMENDED� RPPRO '/`�a PHEDRA I1 CI7Y OF jRE yA " ( /Ire/ - I 21 City Manager .. mayor ,J 22 APPROVED A O ORW ST: 23 By / , By��-_.-�'� Cit t r ' City Clerk 24 r-J�j Gwer a (SEAL) 25 SCT:pin:slj APPROVED BYTHFjdtlY(fb_9NC 26 agrmt873 i 04/13/94 27 �By e, CNu -S3 z`1-�ko 28 - 6 - 1JAO /g� f Palm Springs MDP Linel4 Project No. 6-0-0400 PROJECT CONSTRUCTION COST $1,268,519 (1) CONSTRUCTION INSPECTION (5% of construction) $63,426 (1) CONSTRUCTION SURVEY (3% of construction) $38,056 TOTAL PROJECT CONSTRUCTION COST $1,370,000 less CALTRANS CONTRIBUTION ($75,000) (2) less DISTRICT'S BUDGETED EXCESS CONTRIBUTION ($17,000) BALANCE $1,278,000 (3) 1/3 of BALANCE $4262000 (amount payable by each CITY to DISTRICT) notes: (1) Construction and surveying costs are estimated percentages for these items. Actual costs will be itemized at completion of PROJECT. (2) DISTRICT has budgeted $443,000 which is $17,000 more than the agreed upon 1/3 equal contribution of$426,000. DISTRICT will apply this amount as an "up front" deduction. (3) City of Cathedral City, City of Palm Springs and the District are contributing equally toward the BALANCE. 1/3 of BALANCE is payable by each CITY to DISTRICT, up to a maximum of$426,000 each, excluding any requested additional work. EXHIBIT "B" • Palm Springs MDP Line 34 Project No. 6-0-0400 4 FUTURE -A . AIRPORT •(i� BEGIN RETENTION DESERT PRIMROSE BSI" W PROJECT j W RAMON ROAD ELA END - PROJECT CAMINO SlY� SAY PT.E �. 3 PAROCELA rIPT.w. J SUNNY DUNES ROAD j MESQUITE AVE. h ti _ _ .. _ ., _ W W C) W`0ENUTH RARK W Qo \`X Lo . ' 0 is. -- 34TH AVE. W W W .WSEVEN LAKES DR. EXHIBIT "A" 0 + , 4 ol� FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD SUBMITTAL COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 41 FROM: Chief Engineer SUBMITTAL DATE: May 10 , 1994 SUBJECT: Palm Springs MDP Line 34 Project No . 6-0•-0400 Cooperative Agreement RECOMMENDED MOTION: The Board approve the Cooperative Agreement between the District, the City of Cathedral City and the City of Palm Springs which sets forth the terms and conditions by which Palm Springs Master ]Drainage Plan Line 34 is to be funded , constructed, inspected, operated and maintained; and autho- rize the Chairman to execute the agreement documents on behalf of the District . JUSTIFICATION: The City of Cathedral City and the City of Palm Springs are contributing funding toward the project . This agreement is necessary to formalize the terms and conditions by which the project is to be funded, construction, inspected, operated and maintained . This agreement has been approved barlip ,? Gathredra R City and the City of Palm Springs a POxm� y •�,��!3 County Counsel . The original docum_a and will be forwarded for executionuu 3�7rtAi�i"?t2�crfi`9.Ei�:v" their return. 'Dated: FINANCIAL: GERALD A, L•y",.LC`J!r%;!,;;k Of tn8 E'oard of 5upz c o The City of Cathedral City and the} e contributing funds toward the construction of a maJor oo `-) control facility. Additionally, Caltrans is contributing funds for improvements in Gene Autry Trail ( State Highway u 111 ) . Remaining funds are included in the District ' s FY 1993-94 budget . &'LL 7UY KENNETH L. EDW R S ae General Man g - of Engineer a \ MINUTES OF THE FLOOD CONTROL & WATER CONSERVATION DISTRICT BOARD On motion of Supervisor Dunlap , seconded by Supervisor y w On and duly carried by unanimous vote , IT WAS ORDERED that the above matter is approved as recommended. r Ayes : Younglove, Ceniceros , Dunlap, Larson and Buster Noes : None Gerald Maloney . Absent: None C 4 th and Date : Ma yy 10 , 1994 y : xc : Fldgd , Co.Co „ Auditor Deputy EWR: seb f l l510c Prev. Agn, ref. Depts. Comments 4thDist. C)GEND f o.