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Riverside Co/Washington & Country Club 991 2 3 4 5 6 7 s 8 9 10 11 12 13 14 15 16 1 17 18 19 20 21 22 23 24 25 26 27 28 r •nntract No. 9 9-6 9-OD 7 rtation AGREEMENT FOR JOINT PARTICIPATION IN IMPROVING A PORTION OF WASHINGTON STREET This AGREEMENT is made and entered into on the date set forth below, by and between the County of Riverside, hereinafter called "COUNTY", and the Cities of Indian Wells, La Quinta, and Palm Desert, hereinafter called "CITIES". COUNTY and CITIES hereby agree as follows: RECITALS WHEREAS, the COUNTY and CITIES desire to improve Washington Street from the Whitewater River to Country Club Drive, hereinafter called "PROJECT". The PROJECT improvements include widening the existing pavement to provide a six lane divided arterial highway, with a 'raised landscaped median. WHEREAS, the CITIES and COUNTY will benefit from Washington Street improvements and have agreed to fund a portion of the PROJECT cost, being in the public's interest. Now, THEREFORE, the COUNTY and the CITIES mutually agree as follows: 1. COUNTY shall be the lead agency for the PROJECT. 2. PROJECT shall consist of preparing the environmental documents, design plans, specifications and estimate, acquiring the necessary right-of-way, construction and construction engineering to widen approximately 3.0 miles of Washington Street to six lanes. 3. The estimated PROJECT cost is approximately $4,600,000 (see exhibit 1) 4. COUNTY, through its Transportation Department, secured $3,500,000 of STIP funds for construction related items. In order to meet the PROJECT aggressive schedule, the COUNTY and CITIES agreed to advance the necessary funds for all the project development and Right -of -Way costs. The amount of this advancement is estimated to be $500,000 and shall be financed by local funds. The cost of median landscaping shall be funded by the CITIES and the COUNTY at an estimated cost of $600,000, bringing the total local agency funding to $1,100,000. The CITIES and COUNTY agree to pay the actual cost of that portion of the PROJECT allocated to the 1 SEP 21 1999 3r 1 2 3 4 5 6 7 _i 8i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II respective agency based on the following percentages: COUNTY ................................................ $311,000............................................ (28%) I CITY of Indian Wells, Not to exceed ....... $260,000............................................(24%) CITY of La Quinta................................... $109,000............................................ (10%) CITY of Palm Desert ............................... $420,000........................................... (338%) See Exhibit 2 for funding allocation calculations and Exhibit 3 for a vicinity map. 5. COUNTY, through its Transportation Department and/or a consultant shall provide design and construction engineering for the PROJECT. Design engineering shall include preliminary survey, preparing the environmental documents, design plans, specifications and estimate. Construction engineering shall include construction survey, I material testing, inspection administration and supervision of construction. 6. Design engineering, construction engineering, and construction costs are hereinafter collectively called PROJECT COST, and shall be allocated to each CITY and COUNTY on the basis of the actual costs incurred therefore, and based on the percentages stated in Item 4. Any additional costs must be approved by the respective City Council and the Board of Supervisors prior to proceeding. 7. Construction shall be performed by a duly qualified, licensed, bonded and insured contractor based on the design plans. In the event either party requests additional improvements to the PROJECT, the requesting party shall bear full financial responsibility for the additional costs therefore. The City of Palm Desert desires to install sidewalk on the west side of Washington Street at an estimated cost of $40,000. The City of Palm Desert agrees to fund the entire cost of the referenced sidewalk. 8. COUNTY, through its Transportation Department shall prepare and submit i to the each CITY a PROJECT cost estimate for CITY's share of the PROJECT. The estimate shall be based upon approximate quantities only; the actual quantities will not be determined until the PROJECT completion, at which time the actual PROJECT COST shall be calculated. 9. COUNTY shall provide each CITY with a copy of the successful bid and K 1 2 3 4 5 6 7 f;_ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY's revised PROJECT COST estimate not later than three (3) business days after the bid opening. Each CITY shall deposit with the COUNTY 90% of the CITY's portion of the estimated PROJECT COST no later than ten days after the CITY's receipt of the COUNTY's bid selection. The revised PROJECT COST will be forwarded to each CITY for their review and City Council approval. If the actual construction bids are higher than the estimated PROJECT COSTS, each CITY will have thirty days in which to consider and approve the increased CITY share and provide the COUNTY with the funds for the balance of the increased share. If the bids are less than the estimate, the COUNTY will calculate each jurisdiction revised share and provide that information to each CITY within three business days of the bid opening. Each CITY shall deposit with the COUNTY 90% of the CITY's portion of the estimated PROJECT COST no later than ten days after the CITY's receipt of the COUNTY's bid selection and revised PROJECT COSTS. 10. Upon completion of all PROJECT work, COUNTY shall calculate all final costs incurred for the PROJECT, and shall submit to each CITY a final statement of the costs, which statement shall clearly set forth the total amount for each CITY's share of the PROJECT, the total amount of funds paid or deposited by CITY for said project, and the total sum remaining due from each CITY, or refund due to each CITY by the COUNTY. The CITY's share shall be based on the percentages listed on Exhibit 2. Any sum remaining unpaid that is due by each CITY shall be paid by the CITY within thirty days from the date of submission of said final statements. Any sum remaining owed to each CITY for refund, shall be paid by the COUNTY within thirty days from the date of submission of said final statements. 11. Should the need arise for change orders during the construction phase, the Construction Engineer shall proceed with change orders not to exceed 10% of the estimated PROJECT construction cost. For all change orders in excess of 10% of the estimated PROJECT construction cost, the Construction Engineershall inform the affected CITY of the nature and cost of the change order, and obtain the CITY's concurrence before proceeding. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 18 19 20 21 22 23 24 25 26 27 28 12. The CITIES shall issue a no fee permit to the contractor. 13. COUNTY and CITIES each hereby agree to indemnify, defend, save and hold harmless the other party and their respective officers, agents, servants and employees, of and from any and all liabilities, claims, demands, suits, action and cause of action arising out of or in any manner connected with any act or omission of such indemni-r party, performed in connection with such party's duties and obligations hereunder. 4 7 It. .8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I NOTICES shall be sent by U.S. mail, COUNTY OF RIVERSIDE Transportation Department P.O. Box 1090 Riverside, CA 92502 Attn: David E. Barnhart ACkM4KDE OO S ROVAL David E. Barnhart Director, of Tra spo tion Dated: APPROVED AS TO FORM: WILLIAM C TZENSTEIN County C s I . By: � Deputy ace postage prepaid and addressed as follow COU�i�ER �3G B C ers n, Boarp isorc ROY WILSON ATTEST: CITY OF INDIAN WELLS, a municipal corporation Public Works Department 44-950 Eldorado Drive Indian Wells, CA 92210-7414 Attn: George Watts By. Mayor APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk CITY OF PALM DESERT Public Works Department 73-510 Fred Waring Drive Palm Desert, CA 72260-2524 By: Robert A. Spiegel, Mayor 4TTEST: 3y: Sheila R. Gilligan, City Clerk kPPROVED AS TO FORM 3y: David J. Erwin, City Attorney 5 S E P 21 1999 C CITY OF LA QUINTA By: John J. Pena, Mayor ATTEST: By: Saundra Juhola, City Clerk APPROVED AS TO FORM: By: Dawn C. Honeywell City Attorney l 2 3 4 5 6 7. 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICES shall be sent by U.S. mail, postage prepaid and addressed as follows: COUNTY OF RIVERSIDE COUNTY OF RIVERSIDE Transportation Department P.O. Box 1090 By= Riverside CA 92502 Chairperson, Board of Supervisors Attn: David E. Barnhart COUNTY APPROVALS RECOMMENDED FOR APPROVAL David E. Barnhart Director of Transportation Dated: APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By. Deputy P tY CITY OF INDIAN WELLS, a municipal corporation Public Works Department 44-950 Eldorado Drive Indian Wells, CA 92210-7414 Attn: G rge Watts By: Ma or APPROVED AS TO FORM: By: Attorney City Clerk CITY OF PALM DESERT Public Works Department 73-510 Fred Waring Drive Palm Desert, CA 72260-2524 By: Robert A. Spiegel, Mayor ATTEST: By: Sheila R. Gilligan, City Clerk APPROVED AS TO FORM By: David J. Erwin, City Attorney 5 ATTEST: GERALD.A. MALONEY Clerk of the Board By: Deputy CITY OF LA QUINTA By: John J. Pena, Mayor ATTEST: By: Saundra Juhola, City Clerk APPROVED AS TO FORM: By: Dawn C. Honeywell City Attomey r. . C16660 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICES shall be sent by U.S. mail, postage prepaid and addressed as follows: COUNTY OF RIVERSIDE COUNTY OF RIVERSIDE Trans ortation Department P.O. Box 1090 By: Riverside, CA 92502 Chairperson, Board of Supervisors Attn: David E. Barnhart COUNTY APPROVALS ATTEST: RECOMMENDED FOR APPROVAL David E. Barnhart Director of Transportation Dated: GERALD A. MALONEY Clerk of the Board APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By: Deputy By: Deputy CITY OF INDIAN WELLS, a municipal corporation CITY OF LA QUINTA Public Works Department 44-950 Eldorado Drive Indian Wells, CA 92210-7414 By: Attn: George Watts John J. Pena, Mayor By: � Mayor APPROVED AS TO FORM: ATTEST: By: City Attorney By: ATTEST: Saundra Juhola, City Clerk City Clerk CITY OF PALM DESERT Public Works Department APPROVED AS TO FORM: 73-510 Fred Waring Drive Palm Desert, CA 72260-2524 By: By� Dawn C. Honeywell City Attorney ORM 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICES shall be sent by U.S. mail, postage prepaid and addressed as follows: COUNTY OF RIVERSIDE COUNTY OF RIVERSIDE Transportation Department P.O. Box 1090 By: Riverside, CA 92502 Chairperson, Board of Supervisor: Attn: David E. Barnhart COUNTY APPROVALS RECOMMENDED FOR APPROVAL David E. Barnhart Director of Transportation Dated: APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By: Deputy CITY OF INDIAN WELLS, a municipal corporation Public Works Department 44-950 Eldorado Drive Indian Wells, CA 92210-7414 Attn: George Watts By: Mayor APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk CITY OF PALM DESERT Public Works Department 73-510 Fred Waring Drive Palm Desert, CA 72260-2524 By: Robert A. Spiegel, Mayor ATTEST: By: Sheila R. Gilligan, City Clerk APPROVED AS TO FORM By: David J. Erwin, City Attorney 5 ATTEST: GERALD.A. MALONEY Clerk of the Board By: Deputy ATTEST: APPROVED AS TO FORM: By: awn C. Hone ell City Attorney WASHINGTON STREET IMPROVEMENTS Whitewater River to Country Club Drive EXHIBIT 1 ESTIMATED PROJECT COSTS: Construction Related Items $ 315009000 Median Landscaping $ 6009000 Project Development Costs $ 5001,000 Total Project Cost $ 496009000 STIP Funding $ 315009000 Local Agency Funding $ 1,100,000 Total Funding $ 4,600,000 .ADDITIONAL ITEMS: City of Palm Desert sidewalk $ 40,000 Detention basins R/W acquisitions $ 350,000 WASHINGTON STREET IMPROVEMENTS Whitewater River to Country Club Drive EXHIBIT 2 Local Agency Funding Allocation: _ M City of Indian Wells committed to fund 24% of the total project•cost, or $260,000.00, whichever is less. The remainder (100% - 24% = 76% ) will be allocated as follows : City of Palm Desert frontage along the project corridor is 50%. 50% of 76% = 38% Remainder 76% - 38% = 38% City of La Quinta frontage is 2,789.02 feet. 2,789.02/10,545.67 x 38% =10% County of Riverside frontage is 7,756.65 feet. 7,756.65/10,545.67 x 38% = 28% Project length (Fred Waring Drive to Country Club Drive=10,545.67. Emw-Z- 1S NOS I8M ti ►�Lj a 1S NOSNoy 1S 30?l M LLJ O y r = r ^ — J is Nosa3.i33r W d s srnraa a o I J 'IS N019N I HSVM / 1S NOIDNIHSVM Orr \ r� / C14 81 83NNYM L — — — — 2i3— -QV3S I 3 an sISVO I OGV -13 1S N000 — 3AV V10180d— r o � CIO a 3 V A3831NON N Z