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Home My WebLink AboutC38550 Washington Street Rewiring-Controller 551-17STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: May 9, 2019 PREPARED BY: Randy Bowman, Senior Engineer REQUEST: Approve Contract No. c38550 , a Reimbursement Agreement with the County of Riverside for Construction of Washington Street Intersection Re -Wiring and Controller Assembly Upgrades (Project No. 551-17). Recommendation By Minute Motion: 1. Subject to such minor technical changes as may be necessary, approve a Reimbursement Agreement with Riverside County for Construction of Washington Street Intersection Re -Wiring and Controller Assembly Upgrades (Project No. 551-17); and 2. Authorize the Mayor to execute the agreement. Strategic Plan The proposed action will further the goals of the strategic plan by providing a safe and efficient transportation system for both residents and visitors. Background Analvsis The City of Palm Desert and the County of Riverside desire to proceed with the Intersection Re -Wiring and Controller Assembly Upgrades on Washington Street (Project No. 551-17). The Project will include complete re -wiring of traffic signals and installation of new controller assemblies mounted on existing foundations at three (3) intersections along Washington Street; including Washington Street at Avenue of the States, Washington Street at Hovley Lane East/42nd Avenue, and Washington Street at Harris Lane. The City and County share ownership of each of these intersections and propose to split the Project cost equally. The total estimated construction cost of the Project is $150,000.00; therefore, the City's estimated share of the construction cost is $75,000, which is funded in the City's current budget. The City Attorney has reviewed and approved the agreement. May 9, 2019 - Staff Report Approve Reimbursement Agreement with County of Riverside for Project No. 551-17 Page 2of2 Fiscal Analvsis Funds are available in Measure A, Account No. 2134617-4400100. Therefore, there is no fiscal impact beyond the reimbursement amount. The City will front the entire cost of the project and receive reimbursement of half the final cost from the County following completion of construction as outlined in the agreement. LEGAL REVIEW N/A DEPT. REVIEW Robert W. Hargreaves Tom Garcia, P.E. City Attorney Director of Public Works FINANCIAL CITY MANAGER REVIEW Janet Moore Lauri Aylaian Director of Finance City Manager APPLICANT: County of Riverside Transportation Department 4080 Lemon Street, 8th Floor Riverside, California 92501 ATTACHMENTS: Agreement Vicinity Map CONTRACT NO. C38550 CITY OF PALM DESERT/COUNTY OF RIVERSIDE REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF WASHINGTON STREET INTERSECTION RE -WIRING AND CONTROLLER ASSEMBLY UPGRADES THIS AGREEMENT is made and entered into this day of 2019, by and between the City of Palm Desert (City), a municipal corporation and charter city organized under the laws of the State of California and County of Riverside (County), a political subdivision of the State of California. A. RECITALS (1) City and County desire to proceed with the Washington Street Intersection Re - Wiring and Controller Assembly Upgrades project (Project). (2) The Project will include complete re -wiring of traffic signals and installation of new controller assemblies mounted on existing foundations at three (3) intersections, Washington Street at Avenue of the States, Washington Street at Hovley Lane East/42"d Avenue, and Washington Street at Harris Lane (Improvements). The estimated cost of the Project is $150,000.00. (3) City and County share ownership of the three (3) intersections and desire to split the Project costs equally. NOW THEREFORE, in consideration of mutual covenants and subject to the conditions contained herein, the parties do agree as follows: B. TERMS AND CONDITIONS (1) City shall serve as the lead agency for the construction of the Project. City responsibilities include, but are not limited to, advertising for public bid, awarding and administering the construction contract, and managing completion of the Project. (2) City agrees to include in the contract documents prepared for the Project a requirement that contractor and any subcontractors name both City and County as "additional insured" on all liability insurance coverage required and any notice of cancellation. City agrees to provide a copy of the insurance certificate to County prior to or at the execution of the Project construction contract. (3) City shall require contractor and any subcontractors performing the Improvements to indemnify, defend, and hold harmless both City and County for work performed on the Project. PAGE 1 OF 5 CONTRACT NO. C38550 (4) Upon acceptance of the Improvements built within the jurisdiction of County, City shall assume responsibility for maintaining such Improvements per the current maintenance agreement, dated May 2, 2001 (C19190) and amended May 16, 2011, by Letter of Understanding and Mutual Agreement, Amending Exhibit "A". (5) Upon completion of the Project, City shall present to County an invoice with a statement certifying its costs incurred in completing the Project and shall include copies of the contractor's invoices, evidence of payment, and such other information and records necessary to verify the costs of the Project. The total cost to County shall not exceed $75,000 unless authorized by County. (6) Within sixty (60) days of the receipt of the invoice, County shall pay to City its share of the Project construction costs. (7) City agrees to keep all Project contracts and records for a period of not less than three (3) years from the date of the completion of the Project. City also agrees that all such files and records shall be made available to County upon its reasonable request. (8) All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing (such as Fed Ex or UPS)), sent by telecopier or facsimile machine capable of confirming transmission and receipt, or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City: Tom Garcia, PE Public Works Director City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-0611 FAX: (760) 341-7098 If to County: Ms. Patricia Romo Director of Transportation Riverside County Transportation Department 4080 Lemon Street, 8th Floor Riverside, California 92501 Telephone: (951) 955-6740 FAX: (951) 955-3198 PAGE 2OF5 CONTRACT NO. C38550 (9) Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (1) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier services); (2) the date of the actual receipt (if personally delivered by other means); (3) date of transmission (if sent by telecopier or facsimile machine); or (4) the date of delivery as indicated on the return receipt (if sent by certified or registered mail, return receipt requested). Notice of change of address shall be given by written notice in the manner detailed in this paragraph. (10) If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition, or covenant to persons or circumstances other than those as to whom it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (11) This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each parry hereto, each shall be deemed an original, but all of which constitute one and the same instrument. (12) To the maximum extent allowed by law, County and City hereby agree to indemnify, defend, assume all liability for and hold harmless the other party and their officers, employees, agents and representatives from all actions, claims, suits, penalties, obligations, liabilities, damages to property, costs and expenses (including without limitation any fines, penalties, judgments, actual litigation expenses and attorneys' fees), and/or personal injuries or death to any persons (collectively, "Claims"), arising out of or in any way connected to the negligence or willful misconduct of that party, its officers, agents or employees in connection with or arising from any activities under this Agreement. (13) This Agreement maybe amended at anytime in writing by mutual agreement of the parties. (14) This Agreement constitutes the entire agreement between the parties relating to the subject of this Agreement and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the parties with respect to the subject matter hereof. PAGE 3OF5 CONTRACT NO. C38550 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on this date: COUNTY Approvals RECOMMENDED FOR APPROVAL: Dated: PATRICIA ROMO Director of Transportation APPROVED AS TO FORM: GREGORY P. PRIAMOS County Counsel Dated: Deputy APPROVALS APPROVAL BY THE BOARD OF SUPERVISORS: Dated: CHUCK WASHINGTON Chairman, Riverside County Board of Supervisors ATTEST: Dated: KECIA HARPER-IHEM Clerk of the Board of Supervisors (SEAL) PAGE 4OF5 CONTRACT NO. C38550 CITY Approvals APPROVED AS TO FORM: Dated: ROBERT W. HARGREAVES City Attorney APPROVED BY: Dated: SUSAN MARIE WEBER Mayor ATTEST: Dated: RACHELLE D. KLASSEN City Clerk PAGE 5OF5 Project No. 551 -17 Washington Street Intersection Re -Wiring and Controller Assembly Upgrades Project Locations: Harris Lane Hovely Lane East Avenue of the States f N LJ 42M0-AVI J FRED-WAMING-OM Traffic Signals Legend — Circulation Network 1:42,439 1 11. AlCityaoundary Notes -*RED-WARING-OR— MILES-AVE- 111IM-1111— a Printed 4119/2019