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Home My WebLink AboutC23660 City of Rancho Mirage Reimbursement Agreement - Slurry Seal and Striping on MontereyCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Authorize the Mayor to Execute the Agreement with the City of Rancho Mirage for Slurry Seal and Striping on Monterey Avenue from Gran Via to 100 Feet South of Sagewood Drive SUBMITTED BY: Mark Greenwood, City Engineer DATE: April 14, 2005 CONTENTS: Agreement Vicinity Map Recommendation: By minute motion, authorize the Mayor to execute the agreement with the City of Rancho Mirage for slurry seal and striping on Monterey Avenue from Gran Via to 100 feet south of Sagewood Drive. Executive Summary: Monterey Avenue is in poor condition from Gran Via to 100 feet south of Sagewood Drive. Entering into this agreement will provide a slurry coat to renew the surface and prolong the life of the road until such time as the street can be widened and resurfaced. Discussion: In the general plan for the City of Palm Desert, Monterey Avenue is shown as a six -lane facility. The City of Rancho Mirage is currently updating its general plan. The City of Palm Desert is waiting for Rancho Mirage Council to determine if they want Monterey Avenue to remain a four -lane facility within their city. Staff at Rancho Mirage is pushing for the road to be widened to six lanes. If Rancho Mirage decides to widen the road, we would like to construct the widening as a joint project. After design and utility construction and relocation, we anticipate that the road construction will begin two years from now. In the meantime, Monterey Avenue needs some maintenance. This agreement will allow the City to use the same contractor used by Rancho Mirage for the slurry seal and striping. Rancho Mirage will manage the project and Palm Desert will pay them back on a reimbursement basis. Agreement with Rancho Mirage — Monterey Avenue Slurry April 14, 2005 Page 2 of 2 This agreement with Rancho Mirage simply outlines what is expected of each party with regard to the financial responsibility for the construction activity on Dinah Shore Drive. A summary of the agreement is as follows: 1. Rancho Mirage is the lead agency for the project. 2. The project will consist of slurry seal and striping. 3. Palm Desert will be responsible for the cost of the slurry seal and the striping actually done within Palm Desert city limits. 4. After the project is complete, Rancho Mirage will invoice Palm Desert for its portion of the cost. The attached agreement was reviewed and approved by our City Attorney. After Council approval, the agreement will be sent to Rancho Mirage City Council for their approval and execution. Funding for our portion is available in the Street Resurfacing account: 110-4311- 433-3320. Therefore, staff recommends that the City Council, by minute motion, authorize the Mayor to execute the subject Agreement. Submitted y: Mark Grednwood, P.E. City Engineer Approval: Services City Manager Department Head: Michael Erranle, P.E. Director of Public Works Director of Finance G:\PubWorks\Ryan Gayler\Word Files\Staff Reports\Auth Mayor to execute agmt - Monterey slurry RM.doc Contract No. C23660 CITY OF PALM DESERT/CITY OF RANCHO MIRAGE REIMBURSEMENT AGREEMENT SLURRY SEAL AND STRIPING OF MONTEREY AVENUE FROM GRAN VIA TO ONE HUNDRED FEET SOUTH OF SAGEWOOD DRIVE THIS AGREEMENT is made and entered into this day of 2005, by and between the City of Palm Desert ("Palm Desert") and the City of Rancho Mirage ("Rancho Mirage"), and is made with reference to the following background facts and circumstances: RECITALS The City of Palm Desert and the City of Rancho Mirage desire to proceed with improvements to Monterey Avenue. For the purposes of this agreement, the project shall be defined as the portion of Monterey Avenue within the City Limits of the City of Palm Desert, namely "Northbound Monterey Avenue from Gran Via to 100 Feet South of Sauewood Drive" (the "Proiect"). The Project shall apply a rubberized sealer to Monterey Avenue to extend the life of the road. The new surface will be striped according to plans provided by City of Palm Desert. NOW THEREFORE, in consideration of mutual covenants and subject to the conditions contained herein, the parties do agree as follows: (1) The project shall consist of the application of rubberized emulsion asphalt slurry, and the appropriate striping of the new surface. (2) Palm Desert's share of the slurry seal cost is to be calculated based on the percentage of gallons of product used within the City of Palm Desert versus the total gallons used under the construction contract. Palm Desert's striping cost is to be separated from Rancho Mirage's striping. cost on the contractors invoice. (3) Rancho Mirage shall serve as the lead agency for the Project. Upon acceptance of the infrastructure improvements built within the jurisdiction of Palm Desert under the agreement, Palm Desert shall assume all responsibilities for maintaining those infrastructure improvements. Contract No. C23660 (4) Upon completion of the Project, the City of Rancho Mirage shall present to Palm Desert a statement certifying its 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. (5) Within thirty days of the receipt of the information provided pursuant to section 4 above, Palm Desert shall pay to Rancho Mirage an amount equal to Palm Desert's percentage of the Project construction costs. (6) Rancho Mirage 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 Rancho Mirage for the Project. Rancho Mirage also agrees that all such files and records shall be made available to Palm Desert upon its reasonable request. (7) Rancho Mirage agrees to include in its 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 Rancho Mirage on each contract, with an aggregate limit of no less than two million dollars ($2,000,000). Rancho Mirage agrees to provide to Palm Desert a copy of the insurance certificate within 10 days of the signing of the contract with the prime contractor. (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 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": City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attention: Director of Public Works Telephone: (760) 346-0611 FAX: (760) 341-7098 If to "Rancho Mirage": City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, CA 92270 Attention: Director of Public Works Telephone: (760) 770-3224 FAX: (760) 770-3261 Contract No. C23660 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. (9) This Agreement contains the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this agreement, is null and void. (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 party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. (12) Rancho Mirage and Palm Desert, do hereby mutually agree to indemnify, defend, save, and hold harmless the other and their respective officers, officials, 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. Contract No. C23660 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by their duly authorized representatives as of the date first set forth hereinabove: ATTEST: CITY OF PALM DESERT By: By: Rachelle D. Klassen, City Clerk Buford A. Crites, Mayor ATTEST: CITY OF RANCHO MIRAGE By: BY: Elena Keeran, City Clerk Ron Meepos, Mayor Contract No. C23660