HomeMy WebLinkAboutContract 1399-2 C (3q 9 - V
ORIGINAL
AGREEMENT
BY AND BETWEEN m q 0-110 qgl�fi
CITY OF PALM SPRINGS
AND
CITY OF CATHEDRAL CITY
FOR
FUNDING THE LOCAL SHARE OF THE
PRELIMINARY ENGINEERING, RIGHT OF WAY, AND CONSTRUCTION PHASE
OF THE WIDENING OF THE RAMON ROAD BRIDGE OVER THE WHITEWATER
RIVER CHANNEL AND ASSOCIATED STREET IMPROVEMENTS
THIS AGREEMENT ("Agreement") is entered into this 30 day of
:564,v)U0,1(9 , 20 ('7 , ("Effective Date"), by and between the City of Palm Springs,
a charter city located in the State of California ("CPS"), and the City of Cathedral City, a
municipal corporation located in the State of California ("CCC") for the funding of the
local share of the Preliminary Engineering (PE), Right of Way (RW), and Construction
(CON) Phase of the widening of the Ramon Road Bridge over the Whitewater River
Channel and associated street improvements ("Project").
RECITALS
WHEREAS, CPS and CCC share a common jurisdictional boundary between the
two cities along the centerline of Ramon Road between San Luis Rey Drive and Landau
Boulevard; and
WHEREAS, CPS and CCC previously entered into a cooperative agreement on
the preparation of a Project Study Report ("PSR") on the Project; and
WHEREAS, on behalf of both cities, CPS acting as lead Agency, submitted the
PSR to the California Department of Transportation ("Caltrans") to request federal
Highway Bridge Program ("HBP") funding for the Project; and
WHEREAS, Caltrans approved the request for HBP funding for the Project, and
has listed the Project in the 2011 Federal Transportation Improvement Program
("FTIP"); and
WHEREAS, the 2011 FTIP has programmed a total of $35,998,000 for all
phases of the Project with $25,236,000 of federal HBP funds and $10,762,000 of local
funds; and
WHEREAS, CPS and CCC have entered into a separate agreement with the
Coachella Valley Association of Governments ("CVAG") for Regional Measure A
funding for the Project; and
WHEREAS, pursuant to the agreement with CVAG, CVAG has agreed to provide
Regional Measure A funds for 75% of the unfunded local portion of qualified Project
costs, with CPS and CCC responsible for 25% of the unfunded local portion of qualified
Project costs (or "Local Share"); and
WHEREAS, the cost estimate has been updated as per the Project Cost
Estimate Funding Source Breakdown, shown as Exhibit A. has been revised to quantify
appropriate fair shares percentages by the various phases as determined by actual
quantities, right of way and construction cost based upon jurisdiction; and
WHEREAS, CPS and CCC previously entered into a cooperative agreement on
the funding reimbursement of the project for the PE phase in the amount of $114,375
representing 50% of the local split between CPS and CCC for the Project; and
WHEREAS, CPS has received authorization from Caltrans to proceed with the
PE and RW Phase of the Project, and Caltrans has obligated the federal HBP funds for
the PE and RW Phase; and
WHEREAS, the Local Share of PE Phase, RW Phase and CON Phase costs, will
be shared by CPS and CCC and distributed according to Exhibit A; and
NOW, THEREFORE, in consideration of the mutual covenants, obligations and
subject to the conditions contained herein, the parties hereto agree as follows:
Section 1. Incorporation of Recitals.
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. Obligations.
a. CCC agrees to pay to CPS the Local Share of PE, RW, and CON Phase
costs as those costs are incurred within 30 days of receipt of invoice from
CPS including appropriate documentation showing total PE Phase costs
incurred less federal HBP funds and CVAG Regional Measure A funds
applied.
b. CPS shall invoice CCC not more frequently than quarterly.
c. CCC's obligation for its Local Share of each phase of costs shall be
$134,936 for the PE Phase; $334,663 for the RW Phase; and $1,210,657
for the CON Phase according to Exhibit A.
d. CCC's maximum obligation for its Local Share of all Phase costs shall not
exceed $1,680,257.
e. In the event a contribution may be made by the Agua Caliente Band of
Cahuilla Indians ("ACBCI") with its Tribal Transportation Program ("TPP"),
previously known as the Indian Reservation Roads ("IRR") funds towards
the Project, this Agreement shall be amended by the parties to reflect the
overall reduction in the Local Share costs of the Project, and the resulting
equitable shares equitably owed by CPS and CCC.
f. Obligations for funding the may exceed current estimates shall be the
subject of an amendment to the current funding agreement with CPS and
CCC.
Section 3. Notice.
a. Any notice, demand, or request either party desires, or is required to give
to the other party, or to any other person, shall be in writing and shall be
served either personally or sent by first class mail, postage pre-paid, to the
following addresses:
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
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 4. 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.
Section 5. Interpretation.
This Agreement shall not be interpreted against either party on the grounds that
one of the parties was solely responsible for preparing it or caused it to be prepared as
both parties were involved in drafting it.
Section 6. 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, whether 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 7. Severability.
If any one or more of the sentences, clauses, paragraphs or sections contained
herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the
same shall be deemed severable from the remainder of this Agreement and shall not
affect, impair or invalidate any of the remaining sentences, clauses, paragraphs, or
sections contained herein.
Section 8. 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 9. 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 the exercise by
it, at the same or different times, of any other rights or remedies for the same default or
any other default by the other party.
Section 10. 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
or forum in Riverside County, California.
Section 11. Successors in Interest.
This Agreement is and will be binding upon and will inure to the benefit of the
parties and their legal successors and assigns.
Section 12. 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 13. Counterparts.
This Agreement may be executed in counterparts and shall be deemed to be
executed on the last date any such counterpart is executed.
Section 14. 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 15. Captions and Headings.
The captions and headings contained in 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.
* * * SIGNATURES ON NEXT PAGE * * *
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
CHARLES P. MCCLENDON, City Manager wie-DAVID H. READY, it ger
ATTEST: ATTEST:
GARY F. OWEL , City Clerk KATHLEEN D. HART, Interim City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
,,,,-
ERIC S. VAIL, City Attorney DOU A C. HOLLAND, City Attorney
APPROVED BY CITY COUNCIL
•
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