HomeMy WebLinkAboutContract 1595 ( Scs
.0 AGREEMENT
BY AND BETWEEN
CITY OF CATHEDRAL CITY
AND
CITY OF PALM SPRINGS
FOR
CATHEDRAL CANYON DRIVE CROSSWALK
CONSTRUCTION AND MAINTENANCE AGREEMENT
This agreement(herein "agreement") is made and entered into this I I day odUI ,2014 by
and between the CITY OF CATHEDRAL CITY a municipal corporation of the State of California
(herein as CCC) and the CITY OF PALM SPRINGS a California Charter City and Municipal
Corporation in the State of California (herein as CPS).
RECITALS
Whereas CITY OF PALM SPRINGS and CATHEDRAL CITY share a common boundary
between the two cities; and whereas the centerline of Cathedral Canyon Drive is the shared City
limit line between the two cities, immediately south of the White Water River; and whereas both
cities agree to the construction of a crosswalk with rapid flasher beacons and; whereas both
cities agree to the drawings prepared by CPS entitled "Cathedral Canyon Drive Crosswalk" City
Project 13-28; and whereas both cities agree to the construction bid price of $21,460 from
Golden Valley Construction. Now therefore, the parties do agree as follows:
(1) TERM
This agreement shall take effect upon approval by the parties and shall terminate one year
following the date upon which either party gives written notice of its intent to cancel this
agreement. In this event, all maintenance operations, energy charges and replacement
responsibilities for these signals shall become the sole responsibility of the City cancelling this
agreement.
(2) CITY OF PALM SPRINGS OBLIGATES:
To administer and inspect the construction of said crosswalk and beacons in accordance with
said mentioned plan above and to pay for % of the above mentioned construction cost, not to
exceed $10,730.
. It is further agreed that CPS shall not enter into the electrical system or to modify in anyway the
beacons at said crosswalk.
It is further agreed that CPS will pay% the on-going maintenance costs of said crosswalk and
beacons upon receipt of an invoice from CCC to be approved by CPS.
(3) CATHEDRAL CITY OBLIGATES
To control, maintain, and operate the beacons and crosswalk and to absorb all costs attendant
thereto, subject to the reimbursement of of said maintenance and operations costs from CPS
as noted above.
•
It is further agreed that CCC shall remit payment of the 1/2 of above mentioned construction
costs, not to exceed $10,730, upon receipt of invoice from CPS.
It is further agreed that CCC shall pay the above mentioned $10,730 to CPS prior to start of
construction and CPS entering into a construction agreement.
(4) IT IS MUTUTALLY AGREED AS FOLLOWS:
a. The intent of the Agreement is to fairly share the costs of construction, operations and
maintenance of this proposed crosswalk and beacons.
b. Nothing in the provisions of this Agreement is intended to create duties or obligations to
or rights in third parties not parties to this contract (or affect the legal liability of either
party to the contract) by imposing any standard of care respecting the maintenance of
highways different from the standard of care imposed by law.
• c. Any portion of this Agreement may be modified upon mutual consent by both parties.
d. The total construction cost stated in this agreement may not be changed except by
• written change order agreed to by both parties.
•
e. CPS agrees to keep CCC fully informed of the progress of the construction of the subject
improvements and allow CCC authorized representatives opportunity to visit and
observe the construction.
f. Both parties agree that issuance of a notice of completion will contain signatures of both
CCC and CPS.
(5) INDEMNIFICATIONS:
BOTH PARTIES agree to indemnify each other's officers, agent and employees against, and
will hold each of them harmless from, any and all actions, suits, claims, damages to persons or
property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "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 their own
agent, employees, subcontractors, or invitees under this Agreement, or arising from issuance of
a permit to construct improvement on this segment of roadway, whether or not there is
concurrent passive or active negligence on the part of its officers, agents or employees but
excluding such claims or liabilities arising from the sole negligence or willful misconduct of the
other agencies officers, agent or employees.
(6) NOTICE:
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
•
Either party may change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated at the time personally delivered or in 72 hours
from the time of depositing in the U.S. mail, if mailed as provided in the section.
(7) 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.
(8) 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.
(9) 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.
(10) 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 of 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 of any other default by the
other party.
(11) DISPUTES:
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.
SIGNATURES ON NEXT PAGE
1
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
"CCC" "CPS"
CITY OF CATHEDRAL CITY CITY OF PALM SPRINGS 48
A California Municipal Corporation A California Charter City and Municipal
Corporation
Charles P.McClendon,City Manager David H. Ready eager
APPROVED BY CITY MANAGER
ocq, Apaktkle- A‘).513.
ATTEST: ATTEST: 'r LPL k1) ihnbu 0.130.1
•
Gary Howell, City Clerk' James Thompson, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
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Charles R. Green, City Attorney Doug las C. Holland, City Attorney