HomeMy WebLinkAboutC23350 - C23370 MOUs - Landscape Maintenance along I-10 InterchangesContract No. C23350
Contract NO. C23360
Contract No. C23370
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Authorize the Mayor to Execute the Following Memorandums of
Understanding:
1. With the County of Riverside and CalTrans for the Maintenance
of New Landscaping at the 1-10 and Monterey Avenue and 1-10
and Washington Street Interchanges:
2. With the City of Rancho Mirage for the Maintenance of Median
Landscapes on Monterey Avenue and Dinah Shore Drive and the
1-10 and Monterey Avenue Interchange Landscape.
3. With the Cities of La Quinta and Indian Wells for the Maintenance
of the 1-10 and Washington Street Interchange Landscape.
SUBMITTED BY: H. Spencer Knight, Landscape Manager
DATE: January 27, 2005
CONTENTS: Vicinity Map
MOU (3)
Recommendation: Authorize the Mayor to execute the following Memorandums (MOU) of
Understanding:
1. With the County of Riverside and CalTrans for the Maintenance of New
Landscaping at the 1-10 and Monterey Avenue and 1-10 and Washington
Street Interchanges.
2. With the City of Rancho Mirage for the Maintenance of Median
Landscapes on Monterey Avenue and Dinah Shore Drive and the 1-10
and Monterey Avenue Interchange Landscape.
3. With the Cities of La Quinta and Indian Wells for the Maintenance of the
I-10 and Washington Street Interchange Landscape.
Executive Summary:
MOU 1:
This MOU establishes the relationship between the City of Palm Desert, the County of
Riverside and CalTrans for the maintenance of the new landscaping to be installed by the
County of Riverside early this year on the 1-10 interchanges at Monterey Avenue and
Washington Street. The City of Palm Desert will serve as the lead agency for the
administration of the maintenance program.
MOU 1-10 & Monterey Ave. & Washington St. Interchange Landscapes
January 27, 2005
Page 2 of 3
MOU 2:
Contract NO. C23350
Contract NO. C23360
Contract No. C23370
This MOU establishes the relationship between the Cities of Palm Desert and Rancho
Mirage for the distribution and payment of maintenance costs for the existing and future
median landscapes on Monterey Avenue and Dinah Shore Drive common to both cities
and the 1-10 and Monterey Avenue interchange.
MOU 3:
This MOU establishes the relationship between the Cities of Palm Desert, La Quinta and
Indian Wells for the distribution and payment of maintenance costs for the 1-10 and
Washington Street interchange landscape.
Discussion:
In early 2003 the County of Riverside presented preliminary construction plans for the
landscaping of the 1-10 interchanges at Monterey avenue and Washington Stree to the
Cities of Palm Desert, Rancho Mirage and La Quinta and requested participation from the
Cities for the long-term maintenance of the new landscaping. Shortly thereafter City of
Palm Desert staff brought the proposal to the Landscape Beautification Committee and
were directed to proceed with the negotiation process. Several meetings were held with
Riverside County, CalTrans and the various city staff members and a draft agreement
was worked out. County of Riverside and TEA grant funding are being used to install the
project and provide for the first year of maintenance at both interchanges.
MOU 1 requires that Riverside County maintain the landscapes at both interchanges for
the first year. MOU 2 requires the Cities of Palm Desert and Rancho Mirage to maintain
the Monterey Avenue interchange landscape for the following three (3) years. After this
time the interchange landscape maintenance will be transferred to CalTrans. MOU 3
requires that the Washington Street interchange be maintained for a period of nineteen
(19) years by the Cities of Palm Desert, La Quinta and Indian Wells after the first year.
The landscape maintenance will then be transferred to CalTrans.
The difference in maintenance periods between the two interchanges is due to a change
in CalTrans policy for the accepting of landscape maintenance responsibilities along
highways. The Monterey interchange has been in their files for a number of years and
falls under the older policy of a six -year maintenance period. Riverside County
successfully negotiated the maintenance period down to four years. The Washington
Street interchange is a new project and is covered under the new policy of a twenty-year
maintenance period. Riverside County was unsuccessful in negotiating down this time
period.
MOU 2 establishes that both cities will equally share the maintenance costs for median
and interchange landscapes. The estimated cost of maintenance for the Monterey
G:\PubWorks\Staff Reports\2005\January 27\Auth Mayor to execute MOU -1-10 Interchange Landscape with Riv Co & CalTrans.doc
MOU 1-10 & Monterey Ave. & Washington St. Interchange Landscapes
January 27, 2005
Page3of3
Avenue interchange is $ 24,000 per year. Estimated amounts for this interchange are as
follows:
Monterey Avenue:
Years 2-4 - Rancho Mirage = $ 12,000/yr.
- Palm desert = $ 12,000/yr.
The total cost to the City of Palm Desert is estimated at $ 36,000 for the three (3) year
maintenance period.
MOU 3 establishes that the cost for each city be based on population. The estimated cost
of maintenance for the Washington Street interchange is $ 36,000 per year. The
estimated amounts for the Washington Street interchange are as follows:
Washington Street:
Years 2-20 - Palm Desert (58.1%) = $ 20,916/yr.
- La Quinta (36.1%) = $ 12,996/yr.
- Indian Wells (5.8%) = $ 2,088/yr.
The total cost to the City of Palm Desert is estimated at $ 397,404 for the nineteen (19)
year maintenance period.
The City Attorney has reviewed MOU 1 and is has written MOU 2 and 3. Upon the Council's
approval, each MOU will be forwarded to the appropriate agencies for approval and/or
execution.
Therefore, staff recommends that the City Council, by minute motion, authorize the Mayor to
execute the subject Memorandums of Understanding.
Submitted By:
H. pen r Kni t
La dsca a Ma ger
Appr•v
A" M for lopment Services
City Manag
Reviewed and Concur:
i
rrante, P.E.
D ect•r •f Public Works
Director of Finance
G:\PubWorks\Staff Reports\2005Uanuary 271Auth Mayor to execute MOU - I-10 Interchange Landscape with Riv Co & CalTrans.doc
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Contract No. C23350
OS-Riv-10-KP 50.5/82.1
(PM 44.1/45.1)
Interchange Landscaping Design for
Monterey Ave and. Washington St
08340-437700-7EXO3NLF0321
Permit No. 08-03-N-LF-0321
District Agreement No. 08-1231
LANDSCAPE AGREEMENT
This AGREEMENT, entered into effective on , is between the STATE
OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as
STATE." and
(1)
COUNTY OF RIVERSIDE, a political subdivision of
the State of California, referred to herein as
"COUNTY."
and
CITY of PALM DESERT, a body politic and a
municipal corporation of the State of California,
referred to herein as "CITY."
RECITALS
STATE, CITY and COUNTY, pursuant to Streets and Highways Code Section 130, are
authorized to enter into a Cooperative Agreement for improvements to State highways
within the County of Riverside and the City of Palm Desert_
(2) Portions of the Freeway roadside through the City of Palm Desert and the County of
Riverside are not presently landscaped. which presents a negative visual impact on the
adjacent surrounding community.
In order to enhance the safety, welfare, convenience and enjoyment of the public using the
Freeway, it will be to STATE's benefit for a portion or the Freeway to be landscaped.
COUNTY desires State highway improvements consisting of landscaping, decorative slope
pavement and automatic irrigation system on Route 10 at the Monterey Avenue
Interchange and the Washington Street interchange, referred to herein as -PROJECT,"
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Contract No. C23350
District Agreement No. QS 1231
and is willing to fund one hundred percent (100%) of all design, capital outlay, and
staffing costs, construction and construction engineering, including all necessary water
service connections, water use and electrical service, except the costs of STATE's
oversight of preliminary engineering and construction activities which will be borne by
STATE.
(5) COUNTY desires to prepare the contract documents, advertise, award, and administer the
construction contract for PROTECT.
(6) STATE is agreeable to COUNTY's proposal to prepare the contract documents and
advertise, award, and to administer the construction contract for PROJECT_
(7) CITY desires to continue the maintenance of both Monterey Avenue and Washington
Street after the completion of a one (1) year plant establishment period by COUNTY.
(8) STATE is agreeable to CITY's proposal to maintain Monterey Avenue Interchange
Washington Street Interchange after the completion of the aforementioned plant
establishment for an additional three (3) years for the Monterey Avenue Interchange and
nineteen (19) years for the Washington Street Interchange.
(9) The parties hereto intend to define herein the terms and conditions under which PROJECT
is to be developed, designed, Maintained, and financed.
SECTION I
COUNTY AGREES:
(1) To fund one hundred percent (100%), using of TEA and COUNTY match funds, of all
preliminary and design engineering costs, including, but nor limited to, costs incurred for
the preparation of contract documents, advertising for bids, and for awarding the
construction contract for PROJECT.
(2) To have detailed Plans, Specifications, and Estimate (PS&E), and all necessary
environmental documentation (ED) prepared, at no cost to STATE, and to submit each to
STATE for STATE's concurrence at appropriate stages of development. The final plans
and specifications for PROJECT shall be signed by a Landscape Architect registered in the
State of California.
(3) To make written application to STATE for necessary encroachment permits authorizing
entry of COUNTY onto the State highway right of way to perform surveying and other
investigative activities required for preparation of the ED and/or PS&E.
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Contract No. C23350
District Agreement No. OS-I231
(4) To identify and locate all high and low risk underground facilities within the PROJECT
arca as part of its design responsibility and to protect or otherwise provide for such
facilities, all in accordance with STATE's "Policy on High and Low Risk Underground
Facilities Within Highway Rights of Way." COUNTY hereby acknowledges receipt of
STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights
of Way." All facilities not relocated or removed in advance of construction shall be
identified on the PROJECT plans and specifications.
(5) To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have
been made for the protection, relocation, or removal of all conflicting facilities within
ST.A.TE's right of way and that such work will be completed prior to the award of the
contract to construct PROJECT or as covered in the Special Provisions for said contract.
This evidence shall include a reference to all required State highway encroachment
permits.
(6) COUNTY shall require the utility owner and/or its contractors performing the relocation
work within STATE's right of way to obtain a STATE encroachment permit prior to the
performance of said relocation work.
(7) To advertise, award and administer the construction contract for PROJECT in accordance
with the requirements of the State Contract Act and the California Labor Code, including
its prevailing wage provisions_ Workers employed in the performance of work contracted
for by COUNTY, and/or performed under encroachment permit, are covered by
provisions of the Labor Code in the same manner as are workers employed by STATE's
Contractors. COUNTY shall obtain applicable wage rates from the State Department of
Industrial Relations and shall adhere to the applicable provision of the State Labor Code.
Violations shall be reported to the State Department of Industrial Relations.
(8) To apply for necessary encroachment permits for required work within State highway
rights of way, in accordance with STATE's standard permit procedures, as more
specifically defined in Article (2), (3), (4), (5) and (6) of Section IV of this Agreement.
(9) In recognition that PROJECT construction work done on STATE property will not be
directly funded and paid by STATE, for the purpose of protecting stop notice claimants
and the interests of STATE relative to ,uccessful PROJECT Completion, COUNTY agrees
to require the construction contractor furnish both a payment and performance bond in
COUNTY's name with both bonds complying with the requirements set forth in Section 3-
1.02 of STATE's current Standard Specifications prior to performing any PROJECT
construction work. COUNTY shall defend, indemnify and hold harmless STATE. its
officers and employees from all PROJECT construction -related claims by contractors and
all claimants.
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Contract NO. C23350
District Agreement No. 08-1231
(10) To consuuct PROJECT in accordance with COUNTY plans and specifications to the
satisfaction of and to the approval of STATE.
(11) Contxact Administration procedures shall conform to thr requirements set forth in
STATE's Construction Manual, Local Assistance Procedures Manual and the
Encroachment Permit Manual for construction of PROJECT.
(12) Construction within the existing or ultimate STATE right of way shall comply with the
requirements in STATE'S Standard Specifications and PROJECT Special Provisions, and
in conformance with methods and practices specified in STATE's Construction Manual.
(13) To furnish, at COUNTY expense and subject to approval of STATE, a field site
representative who is a licensed Civil Engineer or Landscape Architect in the State of
California, to perform the functions of a Resident Engineer. If the PROTECT plans and
specifications were prepared by a private landscape architecture company, the Resident
Engineer shall not be an employee of that company. The Resident Engineer shall also be
independent of the construction contractor. If a registered Civil Engineer is chosen in lieu
of a registered Landscape Architect to perform the function of a Resident Engineer,
COUNTY shall furnish at COUNTY's expense, and subject to approval of STATE. a
Landscape Architect to perform the ti edon of assistant "Resident Engineer" who is
responsible for both daily an -site inspections and final decisions including but not limited
to the highway planting and the irrigation systems portion of work. Final decisions shall
continue to be subject to the satisfaction and approval of STATE. If Federal funds are
involved. the employee responsible in charge of PROJECT shall be a public employee in
accordance with Chapter 16 of Local Assistance Procedure Manual.
(14) To pay one hundred percent (10O%) of the actual costs of construction required for
satisfactory completion of PROJECT, including changes pursuant to contract change
orders concurred with by the STATE representative.
(15) At COUNTY expense, to furnish qualified support staff, subject to approval of STATE, to
assist the Resident Engineer in, but not limited to, construction surveys, measurement and
computation of quantities, checking shop drawings, preparation of estimates and reports,
preparation of As -Built drawings and other inspection and staff services necessary to
assure that the construction is being performed in accordance with the plans and
specifications. Said qualified support staff shall be independent of the design engineering
company and construction contractor, except the PROJECT designer may check the shop
drawings and do construction surveys.
(16) To make progress payments to the contractor using COUNTY funds and pay all costs for
required staff services as described in Articles (13) and (15) of this Section I. The STATE
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Contract No. C23350
District Agreement No. 08-1231
representative shall review all contract progress pay schedules. STATE does not assume
responsibility for accuracy of itemization on progress pay schedules.
(17) Within sixty (60) days following the completion and acceptance of the PROJECT
construction. contract, to furnish STATE a complete set of acceptable electronic "As -Built"
plans, including all contract records and survey documents an Micro Station J format,
using standard CD Rom Format. One copy of the data on CU Rom, including the
engineer's electronic signature and seal, shall be provided to STATE upon completion of
PROJECT. If electronic procedures described above are not available to COUNTY, to
furnish STATE a complete set of acceptable full-sized film positive reproducible As -Built
plans and all contract records, including survey documents.
(1 S) Upon completion of work under this Agreement, COUNTY shall assume maintenance and
the expense thereof for PROJECT, including water and utility costs during the one (1)
year plant establishment period. If COUNTY does not maintain PROJECT at acceptable
standards, STATE may either remove the landscaping and/or slope pavement or maintain
the landscaping and/or slope pavement at COUNTY expense, and COUNTY agrees to pay
said STATE expenses within thirty (30) days of receipt of billing by STATE.
(19) if COUNTY terminates PROJECT prior to completion of the construction contract for
PROJECT, STATE may require COUNTY, at COUNTY's expense, to return rigxit of
way to its original condition or to an acceptable permanent condition. If COUNTY fails to
do so, STATE reserves the right to finish PROJECT or place PROJECT in satisfactory
permanent condition. STATE will bill COUNTY for all actual expenses incurred and
COUNTY agrees to pay said expenses within Thirty (30) days or STATE, acting through
the State Controller, may withhold an equal amount from future apportionments due
COUNTY from the Highway User Tax Fund or any other sources.
(20) As part of COUNTY's maintenance responsibilities, during construction and one (1) year
plant establishment period of PROJECT following construction, COUNTY shall make all
necessary arrangements with the local utility companies for payment and billing of
electricity and water supplied for PROJECT.
(21) To provide. install, replace in accordance with State policy, any disturbed monuments,
and/or protect in place monuments to delineate STATE's existing land net and
alignment/right of way prior to and during construction.
(22) To provide STATE's Survey Records Departments a copy of all Records of Survey, filed
Corner Records and field notes required for the preparation of "As -Built" plans.
(23) That COUNTY's contractor shall conform to all Federal, State and Regional water
pollution control requirements as required in Section 7-1.01G,. 'Water Pollution," of the
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Contract No. C23350
District Agreement No. 08-1231
Standard Specifications. Water pollution control work shall also conform to the
requirements of the Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution
Control Program (WPC?) Preparation Manual and Construction Site Best Management
Practices (BMP's) Manual, Moth dated November, 2000, and addenda thereto issued up to
and including the date and advertisement of PROJECT.
(24) Personnel who prepare the PS&.E shall be made available to STATE. at no cost to
STATE, through completion of construction of PROJECT to discuss problems, which may
arise during construction, and/or to make design revisions for contract change orders.
(25) To not use funds from STATE for any capital and support costs for PROJECT.
SECTION II
CITY AGREES;
(1) To apply for necessary encroachment permits for required work within State highway
rights of way, in accordance with STATE's standard permit procedures, as more
specifically defined in Article (7) of Section IV of this Agreement.
(2) Upon completion of work under this Agreement including the one (1) year plant
establishment period by COUNTY, CITY shall assume maintenance and the expense
thereof for PROJECT, including water and utility costs for the Monterey Avenue
Interchange for a three-year maintenance period and for the Washington Street Interchange
for a 19 year maintenance period. CITY will maintain at its own expense, in perpetuity
the slope pavement installed with PROJECT. If CITY does not maintain PROJECT at
acceptable standards approved by STATE, STATE may either remove the landscaping ant
or slope pavement or maintain the landscaping and or slope pavement at CITY expense,
and CITY agrees to pay said STATE expenses within thiny (30) days of receipt of billing
by STATE.
(3) To make all necessary arrangements with the local utility companies to transfer all utility
billing to STATE thirty (30) days prior to the acceptance of the three-year maintenance
period for Monterey Avenue Interchange and 19 year period for the Washington Street
Interchange.
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Contract NO. C23350
STATE AGREES:
To issue. at no cost to COUNTY and COUNTY's contractor, the necessary encroachment
permits for required work within State highway right of way, as more specifically defined
in Articles (2), (3), (4), (5) and (6) of Section IV of this Agreement.
(2) To provide, a qualified STATE representative who shall have authority to accept or reject
work and material or to order any action needed for public safety or the preservation of
property and to assure compliance with all provisions of the encroachment permit(s) issued
to COUNTY and COUNTY's contractor.
(3) To issue, at no cost to CITY and or CITY's contractor, the necessary encroachment
permits for required work within State highway right of way. as more specifically defined
in Articles (7) of Section III of this Agreement.
(1)
District Agreement No. 08-1231
SECTION III
SECTION IV
IT IS MUTUALLY AGREED:
(1) All obligations of STATE under the terms of this Agreement are subject to Inc
appropriation of resources by the Legislature to STATE for the purposes of fulfilling
STATE' s obligations herein.
(2) Construction by COUNTY of improvements referred to herein which lie within STATE
highway rights of way or affect STATE facilities, shall .not be commenced until
COUNTY's original contract plans involving such work and plan. for utility relocations
have been reviewed and approved by signature of the STATE's District 8 Director of
Transportation or the District Director's delegated agent, and until an encroachment
permit to COUNTY and COUNTY's contractor authorizing such work has been issued by
STATE.
(3)
COUNTY shall obtain aforesaid encroachment permit through. The office of the State
District Pertsut Engineer and COUNTY's application shall be accompanied by five (5) sets
of reduced construction plans of aforesaid STATE approved contract plants. Receipt by
COUNTY of the approved encroachment permit shall constitute COUNTY's authorization
from STATE to proceed with wort to be performed by COUNTY or COUNTY's
contractor within proposed STATE rights of way or which affects STATE facilities,
pursuant to work covered by this Agreement. COUNTY's authorization to proceed with
said work shall be contingent upon COUNTY's compliance with all provisions set forth in
this Agreement and said encroachment permit.
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Contract No. C23350
District Agreement No. 08-1231
(4) COUNTY's construction. contractor shall also be required TO obtain an encroachment
permit from STATE prior to commencing any work within STATE rights of way or which
affects STATE facilities. The application. by COUNTY's contractor for said
encroachment permit shall be made through the of'Ice of State District Permit Engineer
and shall include proof said contractor has payment and performance surety bonds
covering construction of PROJECT.
(5) COUNTY shall not advertise for bids to construct PROJECT until after an encroachment
permit has been issued to COUNTY by STATE.
(6) COUNTY's construction contractor shall maintain in force, until completion and
acceptance of the PROJECT construction contract. a policy of Contractual Liability
Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in
accordance with Section 7-1.12 of State SrAnciard Specifications. Such policy shall contain
an additional insured endorsement naming STATE, its officer, agents and employees as
additional insured. Coverage shall be evidenced by a Certificate of Insurance in a form
satisfactory to STATE, which shall be delivered to STATE before the issuance of an
Encroachment Permit to COUNTY contractor.
CITY shall obtain aforesaid Landscape Maintenance (LM) encroachment permit through
the office of the District 8 Permit Fngineer for: maintenance of landscaping and slope
paving on Monterey Avenue, maintenance of slope paving on the Washington Street
interchange, and maintenance of landscaping on the Washington Street interchange.
(8) Prior to award of a construction contract for PROJECT, COUNTY may terminate this
Agreement by written notice.
(9) in construction of said PROJECT, representatives of COUNTY and STATE will
cooperate and consult, and all work pursuant to PROJECT shall be accomplished
according to the approved plans, specifications and applicable STATE standards.
Satisfaction of these requirements shall be verified by STATE's representative. The
STATE representative is authorized to enter COUNTY's and CITY's properties during
construction for the purpose of monitoring and coordinating construction activities.
(10) Changes to PROJECT plans and specification shall be implemented by contract change
orders concurred with by the STATE representative. All changes affecting public safety
or public convenience, all de3ign and specification changes, and all major changes as
defined in STAT's Construction Manual shall be approved by STATE m advance of
performing the work. Unless otherwise directed by the STATE representative, changes
authorized as provided herein will not require an encroachment permit rider. All changes
shall be shown on the `As -Built" plans referred to in Section I. Article (17) of this
Agreement.
(7)
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Contract No. C23350
District Agreement No. O8-1231
(11) Should any portion of PROJECT be financed with Federal funds or STATE gas tax funds,
all applicable laws, regulations and policies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
(12) COUNTY shall provide a claims process acceptable to STATE and shall process any and
all claims through COUNTY's claim process. The STATE representative wl i be made
available to COUNTY to provide advice anti technical input in any claim process.
(13) COUNTY shall not release The performance bond required in Section I, Article (9) until
the "As -Built" plans and contract records required in Section I, Article (17) and (22) have
been furnished to the STATE representative and the STATE representative has determined
them to be complete.
(14) If any existing public and/or private utility facilities conflict with PROJECT construction
or violate STATE's encroachment policy, COUNTY shall make all necessary
arrangements with the owners of such facilities for their protection, relocation or removal
uz accordance with STATE policy and procedure for those facilities located within the
limits of work providing for the improvement of the State highway and in accordance with
COUNTY policy for those facilities located outside of the limits of work for the State
highway. Total costs of such protection, relocation or removal shall be determined in
accordance with STATE policy and procedure. COUNTY shall require any utility owner
and/or its contractors performing relocation work in STATE's right of way to obtain a
STATE encroachment permit prior to the performance of said relocation work. Any
relocated or new facilities shall be correctly shown and identified on the -As -Built" plans
referred to in Section 1, Article (17) of this Agreement.
(15) Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has
determined that within such areas as are within the limits of PROJECT and are open to
public traffic, COUNTY shall comply with all the requirements set forth in Divisions 11,
12, 13, 14, and 15 of the Vehicle Code. COUNTY shall rake all necessary precautions for
safe operation of COUNTY's vehicles, the construction contractor's equipment and
vehicles of personnel retained. by COUNTY and for the protection of the traveling public
from injury and damage from such vehicles or equipment.
(16) Upon completion of all work under this Agreement, ownership and title to material,
equipment and appurtenances installed within STATE's right of way will automatically be
vested in STATE. No further agreement will be necessary to transfer ownership as
hereinabove stated.
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Contract No. C23350
District Agreement No. 08-1231
(17) Nothing in the provisions of this Agreement is intended to create duties or obligations to
or rights in third parties not parties to this Agreement or affect the legal liability of either
parry to the Agreement by imposing any standard of care with respect to the maintenance
of State highways different from the standard of care imposed by law.
(18) Neither STATE nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by COUNTY or
CITY under or in connection with any work, authority or jurisdiction delegated to
COUNTY or CITY under this Agreement. It is understood and agreed that, pursuant to
Government Code Section 895.4, COUNTY and CITY shall fully defend, indemnify and
save harmless the State of California, all officers and employees from all claims, suits or
actions of every name, kind and description brought for or on account of injury (as defined
in Government Code Section 810.8) occurring by reason of anything done or omitted to be
done by COUNTY or CITY under or in connection with any work, authority or
jurisdiction delegated to COUNTY or CITY under this Agreement.
(19) Neither COUNTY nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by STATE under or
in connection with any work, authority or jurisdiction delegated to STATE under this
Agreement. It is understood and agreed that, pursuant to Government Code Section
895.4, STATE shall fully defend, indemnify and save harmless COUNTY from all claims,
suits or actions of every name, kind and description brought for or on account of injury (as
defined in Government Code Section 810.8) occurring by reason of anything clone or
omitted to be done by STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement.
(20) Neither CITY or any officer or employee thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction delegated to STATE under this
Agreement. It is understood and agreed that, pursuant to Government Code Section
895.4, STATE shall fully defend, indemnify and save harmless CITY from all claims,
suits or actions of every name, kind and description brought for or an account of injury (as
defined in Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any wort, authority or
jurisdiction delegated to STATE under this Agreement.
(21) No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
10
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Contract NO. C23350
District Agreement No. 08-1231
(22) Except as otherwise provided in Articles 8 and 21, this Agreement shall terminate upon
completion and acceptance of the construction contracs for PROJECT, completion of a
plant establishment period after construction, completionof a three-year landscape
maintenance period after the pima establishment period at Monterey Avenue Interchange,
upon completion of a nineteen -year landscape maintenance period after the plant
establishment period at Washington Street Interchange, or on December 31, 2025,
whichever is earlier in time; however, the ownership_ maintenance, liability and claims
clauses shah remain in effect until terminated or modified in writing by mutual agreement.
Signatures are on the following page.
11
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To -PALM DESERT PUBLIC W Page 012
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7003417039
T-415 P.013/013 F-319
Contract No. C23350
STATE OF CALIFORNIA
OF TRANSPORTATION
JEFF MORALES
Director of Transportation
By:
ANNE MAYER
District Director
APPROVED AS TO FORM AND
PROCEDURE:
Attorney
Deparunent of Transportation
CERTIFIED AS TO FUNDS:
District Budget Manager
CERTIFIED AS TO FINANCIAL
TERMS AND POLICIES:
Accounting Administrator
12
District Agreement No. 08-1231
COUNTY of RIVERSIDE
By:
Chairman
Board of Supervisors
Attest:
Clerk of the Board of
Supervisors
APPROVED AS TO FORM AND
PROCEDURE:
By:
Counsel
CITY OF PALM DESERT
By:
Mayor
Attest:
City Clerk
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Contract No. C23360
AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE CITY OF
RANCHO MIRAGE FOR OPERATION AND MAINTENANCE OF COMMON
LANDSCAPE MEDIANS AT DINAH SHORE DRIVE AND MONTEREY AVENUE
THIS AGREEMENT is entered into as of this day of , 2005, by and
between the City of Palm Desert, a municipal corporation ("Palm Desert') and the City of
Rancho Mirage, a municipal corporation ("Rancho Mirage"). Palm Desert and Rancho Mirage
are sometimes hereinafter individually referred to as a "Party" and/or collectively referred to as
the "Parties."
RECITALS
WHEREAS, Monterey Avenue is a major roadway bisected by the boundary lines between Palm
Desert and Rancho Mirage, and
WHEREAS, Dinah Shore Drive is a major roadway bisected by the boundary lines between
Palm Desert and Rancho Mirage, and
WHEREAS, said major roadways have landscape medians that are common to both Palm Desert
and Rancho Mirage, and
WHEREAS, Palm Desert and Rancho Mirage anticipate constructing additional landscape
mediums on Dinah Shore Drive and Monterey Avenue that will be common to both cities, and
WHEREAS, said current and future landscape medians will enhance the safety, welfare,
convenience and enjoyment of the public using Dinah Shore Drive and Monterey Avenue, and
WHEREAS, said current and future landscape medians will require regular operation and
maintenance, and
WHEREAS, Palm Desert has the capability to provide for operation and maintenance of current
and future landscape medians on Dinah Shore Drive and Monterey Avenue that are common to
both cities, and
WHEREAS, Palm Desert and Rancho Mirage find it desirable to jointly finance the cost of
operating and maintaining the current and future landscape medians since both cities will benefit
from the landscape medians, and
WHEREAS, Palm Desert and Rancho Mirage will benefit from the maintenance of current and
future landscape medians,
NOW, THEREFORE, the Parties mutually agree as follows:
1. General
a The foregoing recitals are true and correct.
RMLIT/CZC/246056
Contract No. C23360
b All exhibits referred to hereinafter are hereby incorporated into and made
a part of this Agreement.
Location
The landscape medians to be operated and maintained under the terms of this
Agreement are common to Palm Desert and Rancho Mirage and are located on
Dinah Shore Drive and Monterey Avenue, as shown on attached Exhibit "A."
Future common landscape medians will also be located on Dinah Shore Drive and
Monterey Drive.
3. Operation and Maintenance
a. Utilities
Palm Desert shall provide water service for irrigation to current and future
common landscape medians and electrical service as may be required by
landscape medians.
b. Maintenance
Palm Desert shall provide for maintenance to current and future common
landscape medians through contract services in accordance with its
Specifications for Landscape Maintenance Services for Consolidated
Maintenance Area Number , as may be amended thereafter, attached
hereto as Exhibit "B." Palm Desert will arrange with the Contractor's
insurance company to include Rancho Mirage as an additional insured for
the portion of work on the common landscape medians located on Dinah
Shore Drive and Monterey Avenue called for under this Agreement.
c. Immediate Repair or Replacement
When the immediate repair or replacement of a current or future common
landscape median is necessary to ensure the public safety and welfare,
such circumstances will be deemed an operational emergency. In the
event of such an operational emergency, Palm Desert shall have 24 hours
to initiate repairs following discovery thereof or upon notice from Ranch
Mirage. If Palm Desert fails to initiate and diligently complete such
repairs in a timely manner, Rancho Mirage may direct its forces to
perform such work as necessary to correct the problem and to immediately
place the common landscape median back in operational condition. If
such procedure is implemented, Rancho Mirage will deduct all expenses
incurred for such repairs from its share of all costs incurred by Palm
Desert for the operation and maintenance of said common landscape
median.
4. Maintenance Cost Sharing
RMLIT/CZC/246056 2
Contract No. C23360
Except as hereinafter provided, Rancho Mirage shall reimburse Palm Desert for
fifty percent (50%) of all costs incurred by Palm Desert for the operation and
maintenance of current and future common landscape medians pursuant to and in
accordance with terms of this Agreement. These costs include, but are not limited
to, the following:
water
landscape maintenance contract
irrigation system repair/modifications
shrub and tree pruning
shrub replacement
tree staking and replacement
pest control
fertilization
decomposed granite — raking, replacement and renovation
boulder and cobble repair/replacement
hardscape repair/replacement
trash and sand removal
signage repair/replacement
5. Submission of Bills for Operation and Maintenance
Palm Desert will submit reimbursement bills to Rancho Mirage quarterly or in
such other periodic sequence as may be agreed to in advance by the Finance
Directors of Palm Desert and Rancho Mirage. Bills for less than Five Hundred
Dollars ($500.00) shall not be submitted more than once each quarter. Bills must
be submitted promptly following the close of the corresponding billing period and
shall be promptly paid by Rancho Mirage. Palm Desert shall maintain, on a
generally accepted accounting basis, complete and accurate records that support
all billings. These records shall be made available to Rancho Mirage at
reasonable times for review and shall be retained for a period of three (3) years
after payment of said billings.
6. NOTICES. Any and all notice, reimbursement bills and payments sent or
required to be sent to the Parties to this Agreement will be mailed to the following
addresses:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn:
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92270
Attn:
RMLIT/CZC/246056
-3
Contract No. C23360
7. Legal Relations and Responsibilities
Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties to this Agreement.
Each Party hereto shall indemnify, defend and hold the other Party and its
officers, agents, servants and employees harmless from any and all liabilities,
claims, demands, debts, suits, actions and causes of actions, including but not
limited to, property damage, personal injury or wrongful death, arising out of or in
any manner connected with any act or omission of such indemnifying Party
hereunder, or its officers, agents, servants or employees, done or performed
pursuant to the terms and provisions of this Agreement.
8. Termination
With the mutual consent of all Parties, this Agreement may be terminated with a
30-day written notification.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the
date first written above.
[Signatures on Following Page]
RMLIT/CZC/246056 - 4
Contract No. C23360
CITY OF PALM DESERT ATTEST:
By: By:
BUFORD A. CRITES, Mayor RACHELLE KLASSEN, City
APPROVES AS TO CONTENT: APPROVES AS TO FORM:
By: By:
CARLOS L. ORTEGA DAVID J. ERWIN
City Manager City Attorney
CITY OF RANCHO MIRAGE ATTEST:
By: By:
RON MEEPOS ELENA KEERAN
Mayor City Clerk
APPROVES AS TO CONTENT APPROVED AS TO FORM:
By: By:
PATRICK M. PRATT STEVEN B. QUINTANILLA
City Manager City Attorney
RMLIT/CZC/246056 5
Contract No. C23360 - A
AGREEMENT BETWEEN THE CITY OF PALM DESERT,
THE CITY OF RANCHO MIRAGE AND THE COUNTY OF RIVERSIDE
FOR OPERATION AND MAINTENANCE OF LANDSCAPING AT THE
MONTEREY AVENUE AND INTERSTATE 10 INTERCHANGE
THIS AGREEMENT is entered into as of this day of , 2005, by and
between the City of Palm Desert, a municipal corporation ("Palm Desert'), the City of Rancho
Mirage, a municipal corporation ("Rancho Mirage") and the County of Riverside, a political
subdivision of the State of California ("County"). Palm Desert, Rancho Mirage and County are
sometimes hereinafter individually referred to as a "Party" and/or collectively referred to as the
"Parties."
RECITALS
WHEREAS, Monterey Avenue is a major roadway bisected by the boundary lines between Palm
Desert, Rancho Mirage and the County, and
WHEREAS, U.S. Interstate 10 is a major roadway bisecting Palm Desert, Rancho Mirage and
the County, and
WHEREAS, the Monterey Avenue and U.S. Interstate 10 interchange is not presently
landscaped, which presents a negative visual impact on the adjacent surrounding community, and
WHEREAS, said landscaping improvements will generally consist of landscaping, decorative
slope pavement and an automatic irrigation system, and
WHEREAS, said landscape improvements will enhance the safety, welfare, convenience and
enjoyment of the public using the Monterey Avenue and U.S. Interstate 10 interchange, and
WHEREAS, said landscape improvements will require regular operation and maintenance, and
WHEREAS, the County will be installing and funding the landscape improvements, and
WHEREAS, the County has the capability to provide for operation and maintenance of said
landscape improvements for the first year of maintenance, and
WHEREAS, Palm Desert has the capability to provide for operation and maintenance of said
landscape improvements for the second through fourth year of maintenance, and
WHEREAS, Palm Desert, Rancho Mirage and County find it desirable to jointly finance the cost
of operating and maintaining said landscape improvements, and
WHEREAS, Palm Desert, Rancho Mirage and County will benefit from the landscape
improvements,
NOW, THEREFORE, the Parties mutually agree as follows:
1. General
RMPUB/CZC/246167
Contract No. C23360 — A
a The foregoing recitals are true and correct.
b All exhibits referred to hereinafter are hereby incorporated into and made
a part of this Agreement.
2. Location
The landscape improvements that will generally consist of landscaping,
decorative slope pavement and automatic irrigation system ("Landscape
Improvements") to be operated and maintained under the terms of this Agreement
are located at the interchange of Monterey Avenue and U.S. Interstate 10, as
shown on attached Exhibit "A."
3. Installation of Landscape Improvements
County will install the Landscape Improvements pursuant to the Landscape
Agreement dated , 2005, by and between Palm Desert, County
and the State of California, attached hereto as Exhibit "B", hereinafter referenced
as the "Landscape Agreement."
4. Operation and Maintenance
a. County
i. Term of Maintenance
Upon installation and completion of the Landscape Improvements
as set forth in Paragraph 3, County shall assume maintenance and
expense thereof for the Landscape Improvements, including water
and utility costs for a one (1) year period thereafter, as set forth in
the Landscape Agreement.
County shall provide for maintenance to the Landscape
Improvements through contract services in accordance with the
approved landscape specifications and installation plans.
ii. Additional Insured
County will arrange with the Contractor's insurance company to
include Palm Desert and Rancho Mirage as an additional insured
for the portion of work on Monterey Avenue called for under this
Agreement.
iii. Immediate Repair or Replacement
When the immediate repair or replacement of any of the Landscape
Improvements is necessary to ensure the public safety and welfare,
such circumstances will be deemed an operational emergency. In
RMPUB/CZC/246167 2
Contract No. C23360 — A
the event of such an operational emergency, County shall have
twenty-four (24) hours to initiate repairs following discovery
thereof or upon notice from Palm Desert or Ranch Mirage. If
County fails to initiate and diligently complete such repairs in a
timely manner, Palm Desert or Rancho Mirage may direct its
forces to perform such work as necessary to correct the problem
and to immediately place the Landscape Improvements back in
operational condition. If such procedure is implemented, Palm
Desert or Rancho Mirage shall submit a reimbursement bill to the
County for all expenses incurred for such repairs. The
reimbursement bill shall be promptly paid by the County.
b. Palm Desert
Term of Maintenance
Upon completion of County's responsibility to maintain the
Landscape Improvements for a period of one (1) year as set forth
in Paragraph 4(a)(i), Palm Desert shall assume maintenance and
expense thereof for the Landscape Improvements, including water
and utility costs for a period of three (3) years thereafter, as set
forth in the Landscape Agreement.
Palm Desert shall provide for maintenance to the Landscape
Improvements through contract services in accordance with its
specifications for Landscape Maintenance Services for
Consolidated Maintenance Area Number , as may be amended
thereafter, attached hereto as Exhibit
ii. Additional Insured
Palm Desert will arrange with the Contractor's insurance company
to include Rancho Mirage and the County as an additional insured
for the portion of work on Monterey Avenue called for under this
Agreement.
ii. Immediate Repair or Replacement
When the immediate repair or replacement of any of the landscape
improvements is necessary to ensure the public safety and welfare,
such circumstances will be deemed an operational emergency. In
the event of such an operational emergency, Palm Desert shall
have twenty-four (24) hours to initiate repairs following discovery
thereof or upon notice from Ranch Mirage or County. If Palm
Desert fails to initiate and diligently complete such repairs in a
timely manner, Rancho Mirage or County may direct its forces to
perform such work as necessary to correct the problem and to
RMPUB/CZC/246167
Contract No. C23360 — A
immediately place the Landscape Improvements back in
operational condition.
If such procedure is implemented by Rancho Mirage, then Rancho
Mirage will deduct all expenses incurred for such repairs from its
share of all costs incurred by Palm Desert for the operation and
maintenance of said Landscape Improvements as set forth in
Paragraph 5.
If such procedure is implemented by County, then County shall
submit a reimbursement bill to Palm Desert for all expenses
incurred for such repairs. The reimbursement bill shall be
promptly paid by Palm Desert.
5. Maintenance Cost Sharing
a. County
County will be responsible for all costs incurred by County for the
operation and maintenance of the said Landscape Improvements pursuant
to and in accordance with the terms of this Agreement.
b. Palm Desert
Except as hereinafter provided, Rancho Mirage shall reimburse Palm
Desert for fifty percent (50%) of all costs incurred by Palm Desert for the
operation and maintenance of said Landscape Improvements pursuant to
and in accordance with terms of this Agreement. These costs include, but
are not limited to, the following:
water
landscape maintenance contract
irrigation system repair/modifications
shrub and tree pruning
shrub replacement
tree staking and replacement
pest control
fertilization
decomposed granite — raking, replacement and renovation
boulder and cobble repair/replacement
hardscape repair/replacement
trash and sand removal
signage repair/replacement
6. Submission of Bills for Operation and Maintenance
Palm Desert will submit reimbursement bills to Rancho Mirage quarterly or in
such other periodic sequence as may be agreed to in advance by the Finance
RMPUB/CZC/246167
Contract No. C23360 — A
Directors of Palm Desert and Rancho Mirage. Bills for less than Five Hundred
Dollars ($500.00) shall not be submitted more than once each quarter. Bills must
be submitted promptly following the close of the corresponding billing period and
shall be promptly paid by Rancho Mirage. Palm Desert shall maintain, on a
generally accepted accounting basis, complete and accurate records that support
all billings. These records shall be made available to Rancho Mirage at
reasonable times for review and shall be retained for a period of three (3) years
after payment of said billings.
7. Notices
Any and all notice, reimbursement bills and payments sent or required to be sent
to the parties to this Agreement will be mailed to the following addresses:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn:
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92270
Attn:
County of Riverside
County Administrative Center
4080 Lemon Street, 8th Floor, P.O. Box 1090
Riverside, CA 90502-1090
Attn:
8. Legal Relations and Responsibilities
Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties to this Agreement.
Each Party hereto shall indemnify, defend and hold the other Party and its
officers, agents, servants and employees harmless from any and all liabilities,
claims, demands, debts, suits, actions and causes of actions, including but not
limited to, property damage, personal injury or wrongful death, arising out of or in
any manner connected with any act or omission of such indemnifying Party
hereunder, or its officers, agents, servants or employees, done or performed
pursuant to the terms and provisions of this Agreement.
9. Termination
With the mutual consent of all Parties, this Agreement may be terminated with a
30-day written notification.
RMPUB/CZC/246167 5
Contract No. C23360— A
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the
date first written above.
CITY OF PALM DESERT ATTEST:
By: By:
BUFORD A. CRITES RACHELLE KLASSEN
Mayor City Clerk
APPROVES AS TO CONTENT: APPROVES AS TO FORM:
By: By:
CARLOS L. ORTEGA DAVID J. ERWIN
City Manager City Attorney
CITY OF RANCHO MIRAGE ATTEST:
By: By:
RON MEEPOS ELENA KEERAN
Mayor City Clerk
APPROVES AS TO CONTENT APPROVED AS TO FORM:
By: By:
PATRICK M. PRATT STEVEN B. QUINTANILLA
City Manager City Attorney
[Signatures Continued on Following Page]
RMPUB/CZC/246167
-6
Contract No. C23360 - A
COUNTY OF RIVERSIDE
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
By: By:
GEORGE A. JOHNSON, P.E. WILLIAM C. KATZENSTEIN
Director of Transportation County Council
Dated: Dated:
APPROVAL BY THE BOARD ATTEST:
OF SUPERVISORS:
By: By:
MARION ASHLEY GLORIA PERI-SMITH
Chaiiuian, Board of Supervisors Clerk of the Board
Dated: Dated:
RMPUB/CZC/246167 7
Contract No. C23370
AGREEMENT BETWEEN THE CITY OF PALM DESERT,
THE CITY OF LA QUINTA, THE CITY OF INDIAN WELLS AND THE COUNTY
OF RIVERSIDE FOR OPERATION AND MAINTENANCE OF LANDSCAPING AT THE
WASHINGTON STREET AND INTERSTATE 10 INTERCHANGE
THIS AGREEMENT is entered into as of this day of , 2005, by and
between the City of Palm Desert, a municipal corporation ("Palm Desert'), the City of La Quinta,
a municipal corporation ("La Quinta"), the City of Indian Wells, a municipal corporation
("Indian Wells"), and the County of Riverside, a political subdivision of the State of California
("County"). Palm Desert, La Quinta, Indian Wells and County are sometimes hereinafter
individually referred to as a "Party" and/or collectively referred to as the "Parties."
RECITALS
WHEREAS, Washington Street is a major roadway bisected by the boundary lines between Palm
Desert, La Quinta, Indian Wells and the County, and
WHEREAS, U.S. Interstate 10 is a major roadway bisecting Palm Desert, La Quinta, Indian
Wells and the County, and
WHEREAS, the Washington Street and U.S. Interstate 10 interchange is not presently
landscaped, which presents a negative visual impact on the adjacent surrounding community, and
WHEREAS, said landscaping improvements will generally consist of landscaping, decorative
slope pavement and an automatic irrigation system, and
WHEREAS, said landscape improvements will enhance the safety, welfare, convenience and
enjoyment of the public using the Washington Street and U.S. Interstate 10 interchange, and
WHEREAS, said landscape improvements will require regular operation and maintenance, and
WHEREAS, the County will be installing and funding the landscape improvements, and
WHEREAS, the County has the capability to provide for operation and maintenance of said
landscape improvements for the first year of maintenance, and
WHEREAS, Palm Desert has the capability to provide for operation and maintenance of said
landscape improvements for the second through twentieth year of maintenance, and
WHEREAS, Palm Desert, La Quinta, Indian Wells and County find it desirable to jointly finance
the cost of operating and maintaining said landscape improvements, and
WHEREAS, Palm Desert, La Quinta, Indian Wells and County will benefit from the landscape
improvements,
NOW, THEREFORE, the Parties mutually agree as follows:
1. General
RMLIT/CZC/246481
Contract No. C23370
The foregoing recitals are true and correct.
b All exhibits referred to hereinafter are hereby incorporated into and made
a part of this Agreement.
2. Location
The landscape improvements that will generally consist of landscaping,
decorative slope pavement and automatic irrigation system ("Landscape
Improvements") to be operated and maintained under the teinis of this Agreement
are located at the interchange of Washington Street and U.S. Interstate 10, as
shown on attached Exhibit "A."
3. Installation of Landscape Improvements
County will install the Landscape Improvements pursuant to the Landscape
Agreement dated , 2005, by and between Palm Desert, County and
the State of California, attached hereto as Exhibit "B", hereinafter referenced as
the "Landscape Agreement."
4. Operation and Maintenance
a. County
i. Term of Maintenance
Upon installation and completion of the Landscape Improvements
as set forth in Paragraph 3, County shall assume maintenance and
expense thereof for the Landscape Improvements, including water
and utility costs for a one (1) year period thereafter, as set forth in
the Landscape Agreement.
County shall provide for maintenance to the Landscape
Improvements through contract services in accordance with the
approved landscape specifications and installation plans.
ii. Additional Insured
County will arrange with the Contractor's insurance company to
include Palm Desert, La Quinta and Indian Wells as an additional
insured for the portion of work on Washington Street called for
under this Agreement.
iii. Immediate Repair or Replacement
When the immediate repair or replacement of any of the Landscape
Improvements is necessary to ensure the public safety and welfare,
such circumstances will be deemed an operational emergency. In
RMLIT/CZC/246481 2
Contract No. C23370
the event of such an operational emergency, County shall have
twenty-four (24) hours to initiate repairs following discovery
thereof or upon notice from Palm Desert, La Quinta or Indian
Wells. If County fails to initiate and diligently complete such
repairs in a timely manner, Palm Desert, La Quinta or Indian Wells
may direct its forces to perfoiiu such work as necessary to correct
the problem and to immediately place the Landscape
Improvements back in operational condition. If such procedure is
implemented, Palm Desert, La Quinta or Indian Wells shall submit
a reimbursement bill to the County for all expenses incurred for
such repairs. The reimbursement bill shall be promptly paid by the
County.
b. Palm Desert
Term of Maintenance
Upon completion of County's responsibility to maintain the
Landscape Improvements for a period of one (1) year as set forth
in Paragraph 4(a)(i), Palm Desert shall assume maintenance and
expense thereof for the Landscape Improvements, including water
and utility costs for a period of nineteen (19) years thereafter, as
set forth in the Landscape Agreement.
Palm Desert shall provide for maintenance to the Landscape
Improvements through contract services in accordance with its
specifications for Landscape Maintenance Services for
Consolidated Maintenance Area Number , as may be amended
thereafter, attached hereto as Exhibit
ii. Additional Insured
Palm Desert shall arrange with the Contractor's insurance
company to include La Quinta, Indian Wells and the County as an
additional insured for the portion of work on Washington Street
called for under this Agreement.
ii. Immediate Repair or Replacement
When the immediate repair or replacement of any of the landscape
improvements is necessary to ensure the public safety and welfare,
such circumstances will be deemed an operational emergency. In
the event of such an operational emergency, Palm Desert shall
have twenty-four (24) hours to initiate repairs following discovery
thereof or upon notice from Ranch Mirage or County. If Palm
Desert fails to initiate and diligently complete such repairs in a
timely manner, La Quinta, Indian Wells or County may direct its
forces to perform such work as necessary to correct the problem
RMLIT/CZC/246481 3
Contract No. C23370
and to immediately place the Landscape Improvements back in
operational condition.
If such procedure is implemented by La Quinta or Indian Wells,
then La Quinta or Indian Wells will deduct all expenses incurred
for such repairs from its share of all costs incurred by Palm Desert
for the operation and maintenance of said Landscape
Improvements as set forth in Paragraph 5.
If such procedure is implemented by County, then County shall
submit a reimbursement bill to Palm Desert for all expenses
incurred for such repairs. The reimbursement bill shall be
promptly paid by Palm Desert.
5. Maintenance Cost Sharing
a. County
County will be responsible for all costs incurred by County for the
operation and maintenance of the said Landscape Improvements pursuant
to and in accordance with the terms of this Agreement.
b. Palm Desert
Except as hereinafter provided, La Quinta shall reimburse Palm Desert
for thirty-six and one tenth percent (36.1%) and Indian Wells shall
reimburse Palm Desert for five and eight tenths percent (5.8%), of all
costs incurred by Palm Desert for the operation and maintenance of said
Landscape Improvements pursuant to and in accordance with terms of
this Agreement. These costs include, but are not limited to, the
following:
water
landscape maintenance contract
irrigation system repair/modifications
shrub and tree pruning
shrub replacement
tree staking and replacement
pest control
fertilization
decomposed granite — raking, replacement and renovation
boulder and cobble repair/replacement
hardscape repair/replacement
trash and sand removal
signage repair/replacement
6. Submission of Bills for Operation and Maintenance
RMLIT/CZC/246481 4
Contract No. C23370
Palm Desert will submit reimbursement bills to La Quinta and Indian Wells
quarterly or in such other periodic sequence as may be agreed to in advance by
the Finance Directors of Palm Desert and Rancho Mirage. Bills for less than Five
Hundred Dollars ($500.00) shall not be submitted more than once each quarter.
Bills must be submitted promptly following the close of the corresponding billing
period and shall be promptly paid by La Quinta and Indian Wells. Palm Desert
shall maintain, on a generally accepted accounting basis, complete and accurate
records that support all billings. These records shall be made available to La
Quinta and Indian Wells at reasonable times for review and shall be retained for a
period of three (3) years after payment of said billings.
7. Notices
Any and all notice, reimbursement bills and payments sent or required to be sent
to the parties to this Agreement will be mailed to the following addresses:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn:
City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210-7497
Attn:
County of Riverside
County Administrative Center
4080 Lemon Street, 8th Floor, P.O. Box 1090
Riverside, CA 90502-1090
Attn:
8. Legal Relations and Responsibilities
Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties to this Agreement.
Each Party hereto shall indemnify, defend and hold the other Party and its
officers, agents, servants and employees harmless from any and all liabilities,
claims, demands, debts, suits, actions and causes of actions, including but not
limited to, property damage, personal injury or wrongful death, arising out of or in
RMLIT/CZC/246481
-5
Contract No. C23370
any manner connected with any act or omission of such indemnifying Party
hereunder, or its officers, agents, servants or employees, done or performed
pursuant to the terms and provisions of this Agreement.
9. Termination
With the mutual consent of all Parties, this Agreement may be teiiuinated with a
30-day written notification.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the
date first written above.
CITY OF PALM DESERT ATTEST:
By: By:
BUFORD A. CRITES RACHELLE KLASSEN
Mayor City Clerk
APPROVES AS TO CONTENT: APPROVES AS TO FORM:
By: By:
CARLOS L. ORTEGA DAVID J. ERWIN
City Manager City Attorney
CITY OF LA QUINTA ATTEST:
By: By:
DONALD ADOLPH JUNE S. GREEK
Mayor City Clerk
APPROVES AS TO CONTENT APPROVED AS TO FORM:
By: By:
THOMAS P. GENOVESE . M. KATHERINE JENSON
City Manager City Attorney
[Signatures Continued on Following Page]
RMLIT/CZC/246481 6
Contract No. C23370
CITY OF INDIAN WELLS ATTEST:
By: By:
PERCY L. BYRD ANNA GRANDYS
Mayor City Clerk
APPROVES AS TO CONTENT APPROVED AS TO FORM:
By: Bv:
GREG JOHNSON STEVEN P. DEITSCH
City Manager City Attorney
COUNTY OF RIVERSIDE
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
By: By:
GEORGE A. JOHNSON, P.E. WILLIAM C. KATZENSTEIN
Director of Transportation County Council
Dated: Dated:
APPROVAL BY THE BOARD ATTEST:
OF SUPERVISORS:
By: By:
MARION ASHLEY GLORIA PERI-SMITH
Chairman, Board of Supervisors Clerk of the
Dated: Dated:
RMLIT/CZC/246481 7