HomeMy WebLinkAboutContract 1693 C - 16673
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AGREEMENT BY AND BETWEEN
CITY OF CATHEDRAL CITY AND CITY OF PALM SPRINGS
FOR
WHITEWATER BIKE TRAIL
(Construct a Bicycle/Pedestrian Path and Trail on the West Side of Whitewater River Levee
between Vista Chino and Cathedral City, City Limits)
THIS AGREEMENT("Agreement") is entered into this 1017.1 day of Ai aC11Lt5k 2016,
("Effective Date"), by and between the City of Cathedral City("CCC"), a municipal Obrporation located
in the State of California, and the City of Palm Springs ("CPS"), a charter city located in the State of
California for the construction and maintenance of a bicycle/pedestrian trail on the west side of
Whitewater Levee south of Vista Chino within the boundaries of CPS.
RECITALS
WHEREAS, CCC and CPS share a common jurisdictional boundary between the two cities;
and
WHEREAS, certain proposed public infrastructure improvements required for access to a
proposed bicycle/pedestrian trail are to be located north of the common boundary near Vista Chino on the
north end of the westerly bank of the White Water River Levee;and
WHEREAS, a portion of the proposed infrastructure improvements will be located within
the CPS city limits on real property used as a flood control channel levee by the
Riverside County Flood Control and Water Conservation District (RCFCD), as
legally described and shown in Exhibit "A"attached hereto and incorporated herein by this reference
(the"Property");and
WHEREAS, CPS is desirous of cooperating with CCC in providing safe access to the
bicycle/pedestrian trail by allowing CCC to construct the trail on CPS property.
NOW, THEREFORE, in consideration of the mutual covenants, obligations and subject to
conditions contained herein, the parties hereto agree as follows:
Section 1. Incorporation ofRecitals.
All of the above Recitals are true and correct and incorporated herein by this reference to the
same extent as though set forth in full.
Section 2. Term and Termination.
This Agreement will become effective immediately upon the document being fully executed and
will continue in full force and effect until either party provides notice to terminate by mutual written
agreement of the parties. Each party must give at least sixty (60) days written notice to terminate this
agreement.
Section 3. CCC Obligations
a. Provided that CCC is issued a valid encroachment permit from RCFCD allowing for
CCC to enter the property and to construct improvements CCC shall install and
maintain the bicycle/pedestrian trail improvements during the term of this agreement,
CCC agrees that within one hundred twenty (120) days of the effective date of
this agreement, CCC shall commence and thereafter diligently complete the
DUPLICATE
1147469.1 ORIGINAL-
construction and installation of the improvements at its sole cost and expense and
in accordance with this Agreement. The CPS City engineer may inspect the work
of improvements at any reasonable time. For the purpose of constructing and
installing the Improvements, the "lead agency" for compliance with environmental
laws, as the term is defined under the California Environmental Quality Act
(CEQA), shall be CCC. In this regard, CCC has performed environmental
review of this project and determined the project to meet the criteria for a
Mitigated Negative Declaration under CEQA.
b. Upon completion of the Improvements and for five(5)years thereafter, or upon
the Coachella Valley Association of Governments (CVAG)
assuming responsibility for maintenance, the Bike Path
Improvements shall be under CCC's jurisdiction for the following public purposes
and municipal responsibilities only and CCC shall be responsible for the
following maintenance obligations only:
i. Maintenance of Class One Bike Path and Class Two Bike Lane.
ii. Class One Bike Paths are paved, road-separated right-of-way for the
exclusive use of bicycles and pedestrians with minimal motorist cross flow.
iii. Class Two Bike Lanes are striped lanes for one-way bike travel on a
street or highway.
iv. Class One Bike Path and Class Two Bike Lane maintenance includes
cleaning, resurfacing and restriping the asphalt path, repairs to crossings,
cleaning drainage systems, trash removal, and landscaping. Underbrush and
weed abatement should be performed once in the late spring and again in
mid-summer. A maintenance schedule and checklist is provided in Exhibit
B.
v. Barriers at pathway entrances should be clearly marked with reflectors and
American Disabilities Act (ADA) accessible (minimum of five feet
entrance).
c. The jurisdiction of CCC for the maintenance obligations of the B i k e P at h
Improvements for the purposes described in Section 3(b) above shall commence
upon the date the CCC City Engineer files a certificate with the City Clerk of
both CCC and CPS and records a Notice of Completion attesting to the fact that
the construction and installation work of the Bike Path Improvements has been
completed.
d. CCC agrees that the Bike Path Improvements described in Section (a) shall be
constructed at no expense to CPS. CCC shall maintain and repair the Bike Path
Improvements in the same condition as similar improvements for five years,
or until CVAG assumes responsibility for maintenance, at nocost
or expense to CPS.
e. All Class One Bike Paths and Class Two Bike Lanes must follow the minimum
bicycle planning and design criteria contained in the California Department of
Transportation Highway Design Manual, Chapter 1000, Bikeway Planning and
Design. http://www.dot.ca.gov/hq/oppd/hdm/pdf/english/chp1000.pdf
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Section 4. CPS Obligations
a. CPS grants CCC permission to construct bicycle/pedestrian improvements within
their jurisdiction, on the West Side of the Whitewater River Levee between Vista
Chino and Cathedral City City Limits(see Exhibit A).
b. CPS agrees to assume responsibility for maintenance of the Bike Path Improvements
on CPS jurisdiction five years after the Notice of Completion is filed, or until CVAG
assumes responsibility for maintenance. CPS can assume responsibility for
maintenance of the Bike Path on CPS jurisdiction prior to five years if CPS chooses.
Section 5. Indemnification and Hold Harmless.
a. CCC agrees to indemnify CPS, its City Council, officers, agents and employees,
against and will defend, hold and save each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities, (hereinafter "claims or liabilities")
that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities
of CCC, its agents, employees, subcontractors,or invitees under this Agreement.
CCC agrees to defend any action or actions filed in connection with any of said
claims or liabilities asserted or claimed, in accordance with Section 4(a) above,
and will pay all reasonable costs and expenses, including legal costs and
attorney's fees incurred in connection therewith. CCC shall have sole authority
to retain legal counsel of its choice and administer and monitor any litigation or
other legal proceeding. CCC shall have sole settlement authority for any claim or
liability.
b. In the event CPS, its officers, agents or employees is made a party to any
action or proceeding filed or prosecuted against CCC for such damages or other
claims arising out of or in connection with negligent performance of the work,
operation or activities of CCC hereunder, CCC agrees to pay to CPS, its officers,
agents or employees, any and all reasonable costs and expenses deemed to be
eligible by CCC and CPS incurred by CPS, its officers, agents or employees in
such action or proceeding, including but not limited to, legal costs and attorney fees.
c. CCC shall require the Contractor selected to construct the Improvements to name
CPS and CCC as additional insured(s)and provide a copy of its insurance to CPS.
Section 6. Notice.
a. Any notice or communication either party desires or is required to give the other party
shall be in writing and either served personally or sent by prepaid, first-class mail to
the address set forth below. Either party may change its address by notifying the
other party of the change of address in writing. Notices personally delivered or
delivered by a document delivery service shall be effective upon receipt. Notices
delivered by mail shall be effective at 5:00 p.m. on the second calendar day following
dispatch.
City of Cathedral City City of Palm Springs
68-700 Ave. Lalo Guerrero P.O. Box 2743
Cathedral City, CA 92234 Palm Springs, CA 92263
Attn: City Manager Attn: City Manager
1147469.1
b. Either party may change its address by notifying the other party in writing of
the change of address. Notice shall be deemed communicated at the time
personally delivered or after seventy two (72) hours from the time of depositing
in the U.S. mail, if mailed as provided in this section.
Section 7. Integration.
This Agreement supersedes any and all other agreements, either oral or written,
between the parties with respect to the subject matter of this Agreement, and contains all of
the covenants and agreements between the parties with respect to the subject matter of this
Agreement, and each party to this Agreement acknowledges that no representations,
inducements, promises, or agreements have been made by or on behalf of any party except
those covenants and agreements embodied in this Agreement. No amendment, change or
modification of this Agreement shall be valid unless in writing, stating that it amends, changes
or modifies this MOU,and signed by all the parties.
Section 8. Interpretation.
This Agreement shall be construed as a whole according to its fair language and
common meaning to achieve the objectives and purposes of the Parties. The terms of this
Agreement are contractual and the result of negotiation between the Parties. The caption
headings of the various sections and paragraphs of this Agreement are for convenience and
identification purposes only and shall not be deemed to limit, expand, or define the contents of
the respective sections or paragraphs.
Section 9. Waiver.
No waiver shall be binding, unless executed in writing by the party making the
waiver, and no waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, waiver or not similar, nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision. Failure of either party
to enforce any provision of this agreement shall not constitute a waiver of the right to
compel enforcement of the remaining provisions of this Agreement.
Section 10. Severability.
If any one or 'lut sentences,ces, clauses, paragraphs or sections contained lain is
declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall
be deemed severable Gum the remainder of this Agreement t and shall not affect, impair or
invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 11. Governing Law.
The validity of this Agreement and any of its terms or provisions as well as the
rights and duties of the parties under this Agreement shall be construed pursuant to and in
accordance with California law.
Section 12. Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise by
either party of one or more such rights or remedies shall not preclude their exercise by it, at
the same or different times, of any other rights or remedies for the same default or any other
1147469.1
default by the other party.
Section 13. Venue.
All proceedings involving disputes over the terms, provisions, covenants or
conditions contained in this Agreement and all proceedings involving any enforcement action
related to this Agreement shall be initiated and conducted in the applicable court in Riverside
County, California.
Section 14. Successors of Interest.
This Agreement is and will be binding upon and will inure to the benefit of the
parties and legal successors and assigns.
Section 15. Amendments.
This Agreement may be supplemented, amended or modified only by the written
agreement of the parties. No supplement, amendment or modification will be binding unless
it is in writing and signed by both parties.
Section 16. Counterparts.
This Agreement may be executed by counterparts and shall be deemed to be
executed on the last date any such counterpart is executed.
Section 17. Authority to Enter Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and to bind each respective party.
Section 18. Captions and Headings.
The captions and headings contained m this Agreement are provided for identification
purposes only and shall not be interpreted to limit or define the content of the provisions
described under the respective caption or heading.
1147469.1
IN WITNESS WHEREOF, this Agreement has been duly executed by the respective parties hereto
by their duly authorized officers as of the date hereinabove first written.
"CCC" "CPS"
CITY OF CATHEDRAL CITY CITY OF PALM SPRINGS
A CALIFORNIA MUNICIPAL CORPORATION A CALIFORNIA CHARTER CITY
STAN HENRY, Mayor
vr N, Ma}dr ry � u� C410AA►vSe""
ATTEST: ✓J ATTEST:
471-iGARY F. HOWELL, City Clerk' JAMES THOMPSON, City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
CHARLES P. MCCLENDON, City Manager DAVID READY, City Manager
APPROVED AS TO F. • : APPROV S TO FORM:
4
IIr41A
City Attorney DOUG OLLAND,City Attorney
APPROVED BY CITY COUNCIL
1147469 1
Exhibit A
Legal Descriptions and Map of the Properties located i n CPS
1 147469.1
PARCEL A
Being a portion of Section 7,Township 4 South, Range 5 East,S.B.B.&M;
Commencing at the Southeast corner of Section 7;
Thence North 00°29'00"West along the East line of Section 7,a distance of 2,019.85 feet,to the Point
of Beginning;
Thence North 00°29'00"West along the East line of Section 7,a distance of 371.66 feet,to the
beginning of a non-tangent curve concave to the Southwest having a radius of 40,200 feet,to which a
radial bears North 56°44'13"East;
Thence Northwesterly along the arc of said curve,a distance of 317.29 feet through a central angle of
00°27'08"to the North line of the South half of Section 7;
Thence North 89°44'33"West along the said North line,a distance of 241.44 feet,to the beginning of a
non-tangent curve concave to the Southwest having a radius of 40,000 feet,to which a radial bears
North 56°05'29" East;
Thence Southeasterly along the arc of said curve,a distance of 763.10 feet through a central angle of 01°
05'35"to the Point of Beginning.
PARCEL B
Being a portion of Section 7,Township 4 South, Range 5 East,S.B.B.&M;
Commencing at the Southeast corner of Section 7;
Thence North 00°29'00"West along the East line of Section 7,a distance of 2655.27 feet,to the South
line of the North half of Section 7;
Thence North 89°44'33"West along said South line,a distance of 414.45 feet,to the beginning of a
non-tangent curve concave to the Southwest having a radius of 40,000 feet,to which a radial bears
North 56°05'29"East,being the Point of Beginning;
Thence Northwesterly along the arc of said curve,a distance of 3,291.50 feet through a central angle of
04°42'53"to the North line of Section 7;
Thence South 89°56'00"East along the said North line of Section 7,a distance of 255.83 feet,to the
beginning of a non-tangent curve concave to the Southwest having a radius of 40,200 feet to which a
radial bears North 51°36'17"East;
Thence Southeasterly along said arc,a distance of 3,283.59 feet through a central angle of 04°40'48"to
the South line of the North half of Section 7;
Thence North 89°44'33"West along the said South line,a distance of 241.44 feet to the Point of
Beginning.
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Exhibit B
Bikeway Maintenance Check List and Schedule
Item Frequency
Sign replacement/repair 1-3 years
Pavement marking replacement 1-3 years
Tree, shrub & grass trimming 5 months — 1 year
Pavement sealing/potholes 5-15 years
Clean drainage system 1 year
Pavement Sweeping Weekly-Monthly/As needed
Shoulder and grass mowing Weekly/As needed
Trash disposal Weekly/As needed
Lighting Replacement/repair 1 year
Graffiti removal Weekly-monthly/ As needed
Maintain furniture 1 year
Pruning 1-4 years
Remove fallen trees As needed
Weed control Monthly/As needed
1147469.1