Riverside Co/Fred Waring-Washington 941
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COOPERATIVE AGREEMENT
FOR THE DESIGN AND CONSTRUCTION OF
ROADWAY WIDENING AND RE -STRIPING OF PORTIONS OF FRED WARING DRIVE
AND TRAFFIC SIGNAL MODIFICATION AT THE INTERSECTION OF
FRED WARING DRIVE AND
STREET
This agreement entered into this /? day of
1994, is between the County of Riverside,
referred to herein as "COUNTY", and the City of La Quinta, referred
to herein as "CITY".
RECITALS
(1) COUNTY and CITY desire to widen and reconstruct Fred Waring
Drive from California Street to 1,000 feet east of Washington
Street and modify traffic control signals and lighting at the
intersection of Fred Waring Drive and Washington Street, which
work is referred to herein as the "PROJECT", and desire to
specify the terms and conditions under which the PROJECT is to
be engineered, constructed, financed and operated.
(2) A portion of the PROJECT lies within the incorporated limits
of the CITY, and the remaining portion lies within the COUNTY.
SECTION I
CITY AGREES:
(1) To deposit with COUNTY within 25 days of receipt of billing
therefore the sum of $35,000, which billing shall be forwarded
to CITY prior to COUNTY's bid advertising date of a construction
contract for PROJECT, which figure represents one-third of
CITY's estimated share of the expense of construction
engineering and construction costs required to complete the
APO 19 1994 �,3.Z
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PROJECT, as shown on Exhibit "A", which is attached hereto and
incorporated herein by the reference. Upon completion of two-
thirds of PROJECT construction, as agreed between CITY and
COUNTY, CITY shall pay to COUNTY an additional $35,000. Upon
completion of all work, all final construction costs, including
construction engineering, shall be submitted to CITY as a
written billing from COUNTY, and CITY shall pay the remaining
sum due within 30 days thereafter.
(2) To certify that all necessary rights -of -way have been obtained
for the PROJECT construction.
(3) To fund and pay in full for all rights -of -way acquired for
PROJECT in favor of CITY. Rights -of -way acquired in favor of
COUNTY shall be funded and paid in full by COUNTY.
(4) To provide prompt reviews and approvals, as appropriate, of
submittals by COUNTY and to cooperate in timely processing of
plans, specification and cost estimates.
(5) To issue free of charge, upon application by COUNTY or COUNTY's
delegated agent, the necessary Encroachment Permits for required
work within CITY street rights -of -way.
SECTION II
COUNTY AGREES•
(1) To pay for its share of all costs ($84,000) as shown on said
Exhibit "A".
(2) To prepare, through its Transportation Department, Plans,
Specifications and Estimates ("PS&E") for PROJECT with COUNTY
or consultant forces. Said PS&E are to be prepared in
accordance with the Standard Plans and Specifications of the
State of California Department of Transportation, the standards
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ON
and practices of the CITY and the COUNTY, and all applicable
laws and regulations. Said PS&E are subject to review and
final approval by CITY prior to advertisement for bids for
PROJECT.
(3) To fund 100% of the costs to acquire necessary rights -of -way,
if any, that are located within the unincorporated boundaries
of COUNTY, for the PROJECT.
(4) In determining construction engineering costs, COUNTY shall keep
accurate records regarding hours worked, equipment used, vehicle
unit mileage recorded and administrative charges incurred, and
said PROJECT records shall be available for review by CITY.
(5) To advertise, award and administer a public works contract for
the construction of PROJECT improvements. Improvements which
lie within CITY rights -of -way or affect CITY facilities, shall
be clearly so defined in the bid schedule.
(6) To obtain CITY approval of all contract change orders before
additional work is authorized.
(7) Upon final acceptance of the constructed PROJECT improvements,
COUNTY will prepare a statement of costs and will submit to CITY
for payment any amount over and above the aforesaid advance
deposit required to complete CITY's financial obligation
pursuant to this Agreement.
(8) Upon completion of all work under construction contract and
final acceptance of completed signal modification by the COUNTY,
maintenance of the signal will be performed by COUNTY in
accordance with the signal maintenance agreement now in effect
between CITY an COUNTY.
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1 SECTION III
2 IT IS MUTUALLY AGREED AS FOLLOWS:
3 (1) The costs shown in Exhibit "A" are estimates only and the CITY
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and COUNTY shall each pay in full for their respective shares
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of the PROJECT costs that are within each jurisdiction's
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boundary as described in the bid schedule.
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(2)
For the basis of this agreement, the total cost of the PROJECT
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is estimated to be one hundred eighty-nine thousand dollars
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($189,000).
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(3)
Construction by COUNTY of improvements referred to herein which
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lie within CITY rights -of -way or affect CITY facilities, shall
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not be commenced until COUNTY's original contract plans
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involving such work have been reviewed and approved by signature
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of COUNTYYIs Transportation Director, or his delegated agent, and
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by CITY's Public Works Director, or his delegated agent, and
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until any and all necessary Encroachment Permits authorizing
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such work have been issued by CITY to COUNTY therefor. Receipt
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by COUNTY of COUNTY's contract plans signed by CITY shall
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constitute CITY acceptance of and official approval of said
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plans.
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(4)
In construction of said work, COUNTY will furnish a
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representative to perform the functions of Resident Engineer,
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and CITY may furnish a representative. The CITY's
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representative may consult with COUNTY's representative,
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however, the decisions of the COUNTY's representative shall be
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considered final, except with respect to change orders in
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accordance with Section II Article (6).
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(5)
Execution of the Agreement by CITY grants COUNTY the right to
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2 enter upon CITY right-of-way to construct the PROJECT referred
3 to herein.
4 (6) No alteration or variation of the terms of this Agreement shall,
5 be valid unless made in writing and signed by the parties hereto
6 and no oral understanding or agreement not incorporated herein
7 shall be binding on any of the parties hereto.
8 (7) Each party hereto shall indemnify, defend,save and hold
9 harmless the other party and its officers, agents, servants and
10 employees, of and from any and all liabilities, claims, demands,
11 debts, suits, actions and causes of action, including, but not
12 by way of limitation, for property damage, personal injury or
13 wrongful death, arising out of or in any manner connected with
14 any act or omission of such indemnifying party and its offers,
15 agents, servants or employees done or performed pursuant to the
16 terms and provisions hereof.
17 (8) COUNTY agrees to follow all applicable public bid requirements
of the Public Contract Code in connection with the PROJECT.
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DEB/RB/�
February
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Notices:
Any notice required to be sent pursuant to this Agreement
shall be sent by regular mail, addressed as follows:
County of Riverside City of La Quinta
David E. Barnhart, Robert L. Hunt,
Director of Transportation City Manager
P.O. Box 1090 P.O. Box 1504
Riverside, CA 92502 La Quinta, CA 92253
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized representatives
on the day and year first above written.
COUNTY OF RIVERSIDE
TM Chair , WIRMN YUUNGLOVE
Board of Supervisors
APR 1 9 1994
ATTEST: Gerald A Mal y,
Clerk of tard
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APPROVED
TO FORM:
I
:.. .
Pk Wi Liam C. Katzenstein,
County Counsel
REC NDED FOR APPROVAL:
zz.ler- 9n'-=4/
David E. Barnhart,
Director of Transportation
/DC/rep
5, 1994
CITY OF LA QUI A
N
By:
Mayor
ATTEST:
By*
k
APPROVED AS TO FORM:
By:uira�`: �iinEiA
City Attorney's'Office
0
4�9[-y J.3
E X H I B I T " A"
ESTIMATE OF COSTS
ROADWAY WIDENING, RE -STRIPING AND
SIGNAL MODIFICATION OF
FRED WARING DRIVE
City's
County's
Construction Item
Costs
Costs
Striping Removal
$ 5,000
$17,000
Re -striping
2,000
10,000
Roadway Widening
66,000
25,000
Signal Modification
32,000
32,000
TOTAL
$105,000
$84,000
DC/rep