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HomeMy WebLinkAboutC22680 MOU - City of Indian Wells - Fred Waring Widening From Deep Canyon Road to California AvenueCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Authorize the Mayor to Execute the Memorandum of Understanding with the City of Indian Wells for Widening and Related Construction for Fred Waring Drive from Deep Canyon Road to California Avenue SUBMITTED BY: Ryan Gayler, Management Analyst DATE: May 13, 2004 CONTENTS: Vicinity Map Memorandum of Understanding Recommendation: Staff recommends that Council, by Minute Motion; Authorize the Mayor to execute the Memorandum of Understanding (MOU) with the City of Indian Wells for Widening and Related Construction for Fred Waring Drive from Deep Canyon Road to California Avenue. Executive Summary: This MOU is a vehicle to allow Indian Wells to act as lead agency in the construction of the Fred Waring Drive widening from Deep Canyon Road to California Avenue. Each City pays for the construction done within the respective city limits. Also included are construction management services, and sound wall construction as required for mitigation. Discussion: The City of Palm Desert entered into an agreement with the Coachella Valley Association of Governments (CVAG) January 2003. The agreement provided that CVAG would reimburse to the City seventy-five percent (75%) of the cost of widening Fred Waring Drive within the City limits of Palm Desert. A large portion of Fred Waring Drive is effectively the dividing line between Palm Desert and Indian Wells. Both cities equally share the responsibility of maintaining the sections that divide the cities. The stretch of Fred Waring between Deep Canyon Road and Washington Street is split just about evenly between Palm Desert and Indian Wells with Palm Desert maintaining approximately fifty percent (50%), and Indian Wells likewise. Memorandum of Understanding with Indian Wells — Fred Waring Widening Const. May 13, 2004 Page2of3 The City of Palm Desert has already entered into an MOU with City of Indian Wells for the design of the Fred Waring Drive widening. Palm Desert has reimbursed to Indian Wells that which was due under the first MOU, and now both cities are prepared to commence with the construction phase. Indian Wells has already started the construction of their sound walls. They bid out and awarded the sound wall contract to Cora Constructors. This MOU will provide the mechanism for the City of Indian Wells to allow the construction of Palm Desert's mitigating sound walls to be added as a change order to Indian Wells' current contract with Cora Constructors. The cost estimate for Palm Desert's portion of the sound walls including construction management and a 10% contingency is $1,700,000, prior to CVAG's contribution. This MOU also provides Palm Desert with the same contractor that Indian Wells awards the winning bid to for median installation, drainage improvements, and the widening to six lanes. With regard to time and costs, it is more beneficial for both Cities to hire the same contractors to construct the improvements related to the widening. In order to hire one contractor for both cities, it is first necessary to enter into an agreement with the City of Indian Wells, outlining what is expected of each party with regard to the construction of the widening of Fred Waring. A summary of the MOU is as follows: 1. Indian Wells is the lead agency for the construction of the roadway widening, signal modifications, and sound walls. 2. Indian Wells will provide construction management services. 3. Theconstruction includes mitigation measures be respas onsible ons blend forv25%o of the work 4. Palm Desert and Indian Wells shalleach p done in their respective cities. CVAG will reimburse the remaining 75% on approved work. 5. Indian Wells will invoice Palm Desert a maximum of once a month for reimbursement of expenditures. As currently designed, the project provides a free right -turn lane from southbound Cook Street onto westbound Fred Waring Drive. This will require an easement and/or right-of-way dedication from Valley Palms Home Owners Association (HOA). Staff has met with the Valley Palms HOA and residents on two occasions. They are concerned that the free right -turn could reduce their safety and access, and they have not indicated a willingness to provide the required right-of-way. If staff is unable to successfully negotiate for the right-of-way, the free right -turn lane and widening in front of Valley Palms will be deleted from this phase of the project while right-of-way is acquired through the appropriate process. This would still allow for three through lanes at this time. We anticipate that the right -turn lane could then be constructed along with the section from California Drive to Washington Street in Summer 2005. is Construction from Deep Canyon Road to the The segment e of WaringPlace, Via from Via Dell Christo, to expected to conclude around the end of November. California will take until March 2005 to complete. G:\PubWorks\Staff Reports120041May 131Auth Mayor to execute MOU - FW const Indian Wells.doc Memorandum of Understanding with Indian Wells — Fred Waring Widening May 13, 2004 Const. Page 3 of 3 The attached Memorandum of Understanding was reviewed and approved Attorney. If Council approves this MOU, it will be taken to the Indian Wells Cit oy. our City approval and execution. y by for its Therefore, staff recommends that the City Council, by minute motion, authorize th execute the subject Memorandum of Understanding. e Mayor to Submitted By: Rye Gayle M agement�Analyst Department Head: Michael Errante P.E. .E. Director of Public Works Approval: v_L � ACM for De pment Services City anager Reviewed and Concur: Mark Greenwood City Engineer Director of Finance e G:IPubWorks\Staff Reports120041May 131Auth Mayor to execute MOU - FW const Indian Wells.doc CITY OF PALM DESERT/CITY OF INDIAN WELLS MEMORANDUM OF UNDERSTANDING FOR CONSTRUCTION AND CONSTRUCTION MANAGEMENT SERVICES FOR WIDENING OF FRED WARING DRIVE FROM DEEP CANYON ROAD TO CALIFORNIA AVENUE THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this day of 2004, by and between the City of Palm Desert ("Palm Desert") and the City of Indian Wells ("Indian Wells"), hereinafter collectively called "Cities", and is made with reference to the following background facts and circumstances: RECITALS WHEREAS, the Cities desire to proceed with the "Construction for the widening of Fred Waring Drive to six lanes from Deep Canyon Road to California Avenue" ("Project"), and WHEREAS, the Coachella Valley Association of Governments ("CVAG") has agreed to contribute seventy-five percent (75%) of the total cost of the Project, and WHEREAS, the Cities will benefit from the construction and have agreed to fund a portion of the cost. NOW THEREFORE, in consideration of mutual covenants and subject to the conditions contained herein, the Cities do agree as follows: (1) The project shall consist of miscellaneous demolition and removal of debris, the construction necessary to accommodate six through lanes of traffic, installation of raised concrete median island, curb and gutter, striping, drainage improvements, mitigating measures deemed necessary such as sound walls, and other improvements as outlined in the plans and specifications. (2) The Cities, and each separately, shall be financially responsible for the work done in their own jurisdiction. The construction shall be bid such that quantities on the bid sheet will be split between the Cities to reflect the actual quantities per City. Each invoice from the contractor will split out Palm Desert's and Indian Wells' portions separately. (3) Indian Wells shall serve as the lead agency and provide construction management services for the Project. Each invoice from the construction management firm shall detail management services provided for the Cities individually, and provide a sub -total amount for each city. Indian Wells, through its Director of Public Works, shall award and supervise all the construction service agreements to carry out the Project. (4) Indian Wells shall schedule mandatory bi-weekly progress meetings to be attended by representatives of Indian Wells and Palm Desert, the Contractor, the Project Manager, and the Construction Manager to discuss progress and potential or actual problems. Should the need arise for change orders during the construction phase in Palm Desert's jurisdiction, Palm Desert's City Engineer shall be notified of the change. Palm Desert's City Engineer must consent to the change prior to the City Engineer for Indian Wells proceeding with any change order affecting Palm Desert. Payments to Indian Wells shall be made upon presentation to Palm Desert of a statement certifying Indian Wells' costs incurred in completing the work, and shall include copies of the contractor's invoices, evidence of payment, and such other information and records necessary to verify the cost of the work, provided however, that such payments shall be made to Indian Wells no more frequently than monthly. (5) (6) Within thirty days of the receipt of the information provided pursuant to section 5 above, Palm Desert shall pay to Indian Wells Palm Desert's portion of the Project costs, in accordance with section 2. (7) Indian Wells agrees to keep all project contracts and records for a period of not less than three years from the date notice of completion is filed by Indian Wells for the widening of Fred Waring Drive from Deep Canyon Road to California Avenue. Indian Wells also agrees that all such files and records shall be made available to Palm Desert upon its reasonable request. (8) It is the intent of Palm Desert that the Project be represented as being jointly funded by Palm Desert, Indian Wells, and CVAG. All project public notices, news releases, and documents should indicate that the Project is being cooperatively developed by Indian Wells, Palm Desert, and CVAG. Prior to initiation of on -site construction, Indian Wells agrees to provide at least one "Project Sign" to be placed in a safe and visible location near the site of construction so that all travelers passing the location have the opportunity to observe who the agencies are that are providing funds for the construction of the Project. (9) Indian Wells agrees to include in their contract specifications and bid documents prepared under this agreement a requirement that all prime contractors shall name Palm Desert as "additionally insured" on all liability insurance coverage required by Indian Wells on each contract with an aggregate limit of no less than two million dollars ($2,000,000). Indian Wells agrees to provide a copy of the insurance certificate within 10 days of the signing of the contract with the prime contractor. (10) 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 Federal Express or UPS)), sent by telecopier or facsimile ("FAX") 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 "Palm Desert": If to "Indian Wells": City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn.: Director of Public Works Telephone: (760) 346-0611 FAX: (760) 341-7098 City of Indian Wells 44950 Eldorado Drive Indian Wells, CA 92210 Attn.: Director of Public Works Telephone: (760) 776-0237 FAX: (760) 346-0407 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier services); (ii) the date of the actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or FAX machine), or; (iv) 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. (11) This MOU contains the entire agreement between the Cities, and is intended by the Cities to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of either City in relation thereto, not expressly set forth in this MOU, is null and void. (12) 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. (13) This MOU may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. (14) Cities, and each of them, do hereby mutually agree to indemnify, defend, save, and hold harmless the other and their respective officers, agents, servants, and employees, of and from any and all liabilities, claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature, or sort, including, but not by way of limitation, for wrongful death, and for the expenses of the defense of said parties, and each of them, and the payment of attorneys fees in any such action, arising out of, or in any manner connected with any act or omission of such indemnifying party, done or performed in connection with such parties duties and obligations hereunder. have IN WITNESS WHEREOF, the parties heretocaused nt veson th s date: ndum of Understanding to be executed by their duly author zedrepresentatives ATTEST: CITY OF PALM DESERT By: By: Robert A. Spiegel, Mayor Rachelle D. Klassen, City Clerk ATTEST: By: CITY OF INDIAN WELLS By: Linda Furbee, City Clerk Mary T. 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