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HomeMy WebLinkAboutC24650 Street and Signal Imrpv. Hovley and Washington CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Authorize the Mayor to Execute the Agreement with Desert Sands Unified School District (DSUSD) for Construction of Street and Traffic Signal Improvements at the intersection of Hovley Lane East nd / 42 Avenue and Washington Street SUBMITTED BY: Mark Greenwood, P.E., City Engineer DATE: December 8, 2005 CONTENTS: Agreement Vicinity Map Recommendation: Authorize the Mayor to execute the agreement with Desert Sands Unified School District (DSUSD) for construction of street and traffic signal nd improvements at the intersection of Hovley Lane East / 42 Avenue and Washington Street, and Appropriate $100,000 to account 400-4353-433-4001 from unobligated Fund 400. Discussion: Desert Sands Unified School District has plans to build a new middle school on Palm Royale Street in the City of La Quinta. As part of the project, DSUSD needs to make certain improvements to mitigate traffic issues as a result of the new school. DSUSD would like to share the cost of design and construction equally between DSUSD, the County of Riverside, and the City of Palm Desert. The City of La Quinta has declined to participate because the improvements are not within the City limits of La Quinta. An agreement has been drafted to allow the project to be constructed as a joint project. This agreement with DSUSD outlines the roles and responsibilities of each party for the construction of the street improvements. Contract No. C24650 Agreement with DSUSD — Hovley Lane East at Washington Street Page 2 of 2 December 8, 2005 A summary of the agreement is as follows: 1. DSUSD is the lead agency for the project. 2. The project will consist of the construction of a small median island on 42nd Avenue and traffic signal modifications at Hovley Lane East / 42nd Avenue and Washington Street. o •3. DSUSD, County of Riverside, and City of Palm Desert will share the cost t of design and construction of the improvements equally. 4 4. After the project is complete, DSUSD will invoice the Palm Desert for its - portion of the cost. o• o u Funding for the medians and the landscape installation will come from the Fund 400 .l o Capital Improvement Project Fund. The City of Palm Desert's portion is estimated to g a be $100,000.00. The attached agreement was reviewed and approved by our City a g Attorney. After execution, the agreement will be returned to DSUSD for their approval. t`" v' a � 4 N tt! Therefore, staff recommends that City Council, by minute motion, authorize the Mayor cd •F�,, © to execute the subject agreement, and appropriate $100,000 from Fund 400 to v N LAI account 400-4353-433-4001. to a • u 01. to bC td N 4 d 0 Submitted y: Department He d: tV ° I. 44jCa. o C //ff f° - 4-t : •W o to N o ao Mark Gre nw od, P.E. Mic ael Errante, P.E. A t City Engineer Director of Public Works C11u a E c0 • 0 o u C 4.1 tow 0 Approval: N 4 0 w o to D,b DI {- l 4 U al4&AL 4.1 c tU a1 •-1 4-1 tL 4 "d 0 H mer C o Paul Gibson N QJ o 0 ACM for elopment Services Director of Finance •; CO w c i TY COUNC T I ON, 0 to 0o -1 • 0w _iPPROVED „ DEN.E1:4'17_. • A CO EIVED . -• -- OTHER to 0 o -...-.. wAw .t Carlos Ortega -� = l- . ri f. 5 ,S_._.�., �r ° cd City Manager NOES: ' • lL�{, ► �� cxtzi tv 3 ai tin ABSENT . to aaLI en ) A^STAII. 43).u2._ — _ /rg/dii api 0 o VERIFIED 21X I/j�s 1 y x 4' Orig • V G:\PubWorks\Staff Reports\2005\December 8\10 DSUSD Agreement Street and Signal Improvements Hovley at WashingtonWuth Mayor to execute agreement 42nd Ave as DI 00 cOZ improvements DSUSD.doc A Vicinity Map Hovley Lane East at Washington Street REi�BURSEMENT AGREEMENT THiS REItvIBtlRSEiI�iENT AGREEfviENT (ih� "Agreement"} is made and entered inta fhis day af , 2Q05, by and between the DESERT SANDS UNlFIED SCHdOL DISTRICT {`I?SUSD"}, a schaol dfstrict organized and existing underfhe laws of the State of Califomia, fhe CdUNTY OF RiVER9fDE ("Couniy"), and the C1TY OF PAL14 DESERT, CALIFORNIA, a municipal corporation (the "City"}. REClTALS: A. DSUSD inien�s io construct a new middle school located on Paim Royale Drive in the Cify of La Quinta (the "Develapmeni"). B. DSUBD conducted an environmental analysis of the Oevelopment pursuan# to fhe Ca(i£arnia Environmentai Quality Rcf ("GEQA"), Pubiic Resources Code Section 21400 et seq., in which it was determined that certain traffic impacts of fhe C7evelopmenf could be mitigated through DSUSd's paymanf of a share of the ensts fa consfruct cerfain sEreet and righf of way improvements, as described in Exhibit A hereto, which is hereby incorporateci by reference (the "Improvements"). C. Fhe County, City, and [3SUSD have agreed that �SUSd sfiall underfake the design and construction of the improvements, and thaf all three parties heretn shal! share equafly the cosis of such design aad consfruction. D. The pariies desire, by this Agreement, to set fiorth the obligaEions oF each of Ehe Ci#y, Caunty, and dSUSD with respect to the design and consfruction of, and payment for, the tmpravements. NOW, THEREFORE, it is agreed by and between #he parties hereto as fo[lows: l. Resoonsibilities of QSUS[�. DSUSD shall cause the design and construciion of the Impravements. DSUSD shall, in completing such design and constructian: (a} On or befare , 2605, award a conirect (the "Design Contract"} for fhe desiga of the lmprovements in acco�dance wiih City, County, and DSIJSD standards and agreed-upon design fee (the "€7esign Fee"}. (b) Pracess and pay aU invoices received for work performed pursuant to the Design Con#tact. (c} Review and obtain appraval from City and Counfy oi any change arders ar invoices in excess of the agreed-upon Design Fee performed uncier the Llesign Contract. {d} dn or 6efore ninety {90} days aFter award of the Design Contract, cause the development of construction plans, specifications and estimates ("PS&E"} for the improvemenfs in accordance with City and County standards, and submit such PS&E to the llOL'SOC;'t Nid�}_3cA.i}��q,q_�NN�.1 Gity Put�lic Works [7e�artment and Caunty Pub[ic Warics Deparfinenf fior re�iew and approva{. (el Within thirty {30} days after the receipt of ap�roval of tha PS&E by City and County, requesk bids #ar construction of the proposed Improvemenfs in a manner consistent w€fh ali applicab[e Iaws, incluciing stafe and Iocal public works bidding statutes, regulations, and ordinances. {f� Review hids received for canstruciion of the Impravemerts and obtain Ciry and County approvai oF ti�e proposed construction budgef submitted by the lowest responsitale bidder (the "Consfrucfion Budget"). {�) Avrard kire contract for construcfion of the tmprov�rrzents (the "Consf�uction Gonfrac#') fa ihe tawesf responsibie bidder for an amounf not to exceed the Construction Budget. The contractor awarded the Consfrucfion Canfract shall be required ta obtain encroachment permits from Caunfy and City, and #a pay any required permit and inspectian fees, and the Construction Contract shall indude such a provision. (h} Cause the oonstruction of the improvements in accordance with the approved PS&E and in accordance with the schedule set forth in tha Constructian Cantract. (i) Revie4v and obtain approvai irom Giiy and Couniy af any change orders ar invoices in excess of ihe agreed-upon Construction Budget pertormed under the Gonsfsuction Confract. (j) Pracess and pay aiE invoices received for work performed pursuant to ihe Canstruct[on Coniract. (k} Upon complekion o€ the tmprovements, caiculate aH costs incurred therefor, aod submit #o County and City a finai statemeni of said costs wfiich sfatement shall cieady set forth the Counfy's and City's share af such costs as setfarth herein, not to exceed, Por each of City and Gounty, an amaunt equaE to one-third of the Design Fes, plus one-third af the Construcfion 6udget, plus any additionai costs agreed to by Counky or City, as applicable. '�. Resoonsibilities of Citv. City shall cooperate tivith DSUSLt to iacilitate the constructfon of th� Emr�rovements. SpecificaAy, City shall: (a} Participate with DSUSD in the evaluation of proposals for design of the Improvements and af bids for construction oF the Improvements and reasonably approve the Des'sgn Fee and ihe Construction Buu�get therefar. (h) Within thirty (30j days after receipt of the PS&E from DSUSD, approve or disapprov� in writing, the PS&E forthe Improvemen�s submifted fo the City by DSUSD. {c} Within thiriy {3Q} days after �eceipt of a final biil t�y DSUSD pursuant to subsection (k} oi Section 9, remit full payment of such biil to aSUSD, not io exceed one- ihird of fhe agrsed upon Design Fee, plus one-third of the agreed upon Gonstruction Budget, plus any ather costs approved by fhe City pursuant hereta. 2 U�GSCt{:'S 7u-432-Fc-i�t���t39-fi!)1:4 �. Resuonsibifities of Countv. County shali caoperate with DSUSD to faci[itate tha constructian Qf the tmprovements. S}�ecificaliy, County shafl: {a1 Participate with DSUSD in the eveluation of proposals for design of the improvemenis and of bids for canstruction of the Improvements anc3 reasonably approve the Design Fee and the Canstructian Budge# therefor. (b} Vi�ithin thirly (30) days afker receipt oi the PS&E from DfiUSD, apprave or disapprove in writing, the PS&E for the Improvements submitted to the County by DSUSD. (c} Witnin thirty {30) days after receipt of a finai 6ill by DSUSD pursuani ta subsection (k) of Secfion 1 wifh respect ta ihe Design Cantract or Construction Confract, remit fuEl payment of such b€ll to DSUSD, not to exceed ons-third of the agreed upon �esign Fee, plus one-third oi the agreed upon Construction $udget, pius any ofi�er casts approved by the Gify pursuant hereto.. 4. Cost in Excess of Construction Budqet. Notwithstanding anything contained herein ta the contrary, in the eveni the iowest responsible bid for tl�e Gonstruction Cantract is priced at an amount exceeding the agreed upon Construction Budget by no more than fwenty five percent {25°la), the Director of Facififies of DBUSD, the Director of TransporEation of the County, and the Ciiy Engineer oP City shall be fuily authorized by tf�is Agre�ment to meet and confer and deterznine whefher such Iowesk respansib(e bid shalf be accepfecf by DSUSD or whefher a(I bids shall be rejeckecf and #he Cflnstruction Con#ract sha(1 be re-bid. in the evenE the partfes to this Agreemenf cannot agree ta accept ihe tawest respansible bid, DSUSD shail be relieved of alI fiability fo any party for failing to accept such tov,rest rasponsible bid, and DSUSD strall re-bid iha Canstnaction Cor�fract. In the event the IowesE responsibie bid shali come in a second time af an amount higher than the agreed upon Consiruction Budget, fhe same procedure shall 6e foliowed; however, in ihe event the perties cannat agree to accept the iowest responsi6le Bid, DSUSD may eifher re-bid the Construction Contract ar may acc�pi the lowes# respansibfe bid and, in such event, the Caunty and Ciiy shall each be liab[e for payment of one-third of the Construcfion Budget, as sef %rth in Section 1(k), and i�SUSD shali pay any additional cosis of construction of the lmprovements. >. Proieci ComnEetian Reqorf. Prior #o making final paymant to the contractor under ihe Construction Contract, a final report shafl be suhmitted ta Giky and Cou�ty by qSUSD cantaining a record of all payments made under the Consfruction Confract, t�gether with a record of a[I change orders, cost overnans, and oiher expense� incurred, and, upon approval by #F�e City and County of the finai report, final payment wi[l be paid by DSUSD in accotdance with the provisians of this Agreement. G. Warran . The canfractor constructing fhe Improvements shall warrant the Improvemenfs for a pariad of ane year following completion and acceptance by the Ci#y and/or the County, as appropriate. 7. be�aul#s. Failure by any party herelo to perform any action or adhere tp any covenant required by ihis Agreement inciuding in any of the aitachments hereto vaiihin #he fime periods provided herein foflowing �otice and failure to cure as c3escribed hereafter, ; €�ocscx+i �c�a,a e�avz��-rr.,oa constitutes a"DefaulY' under this Agreemeni. A parly claiming a Defaulk shall give written notice oi Default to the Defaulting party specifying the Deiault complained of. Except as ofhervvise expressly provided in ihis Agreement, the claimant shail not instituie any proceeaing against any oiher parfy, and the other par[y shaB nof be in Defauit as to non- mOneE2ry Def2Ults if such party within thirty {3d} days irom receipi of such notice promp#ly, and vrith due difigence, cammences to cure, correct or remedy such failure or deiay and therea€ter compleEes such cure, correction or remedy with due diligence. As to monetary Defauits, a cure period af ten (10} days upon wriften natice shall apply. Upon expiration of such cure perior�, any non-def�uiting party may institute an action at law or equity to seek speciFic performance of the terms pf this Agreement, or to cure, correct or remedy any Default, to recover damages for any Defauit, or to obtain any other remedy consistent wilh the purposes of this AgreemenE, including termination hereof. Specific periormance shall be avaifabfe as a remedy to the greatesf eatenf 1egally allov�ab€e. Such lega3 actions must be insiituted in the Superior Gaurt of the Coun#y of Riverside, State of California. S. Atiornev s Fees, If any party commences an actian against the other arising ouf of or in connection with this Agreement, including the filing of a lien or other legal action to campei payment of fhe Reimbursement, the prevailing party shail be entitled ta recover reasonabls attorneys' fees and legal costs from th� losing party. 9, Indemni�cation. Each party hereto agrees to indemnify, defend and hold the other parties and their respective afficers, employees, agents, representatives, and assigns ("Indemnitees") harml�ss from and againsf any losses, cfaims, demands, actions, or causes af action, of any nature whatsoever, arising aut of or in any way connected wiih fhe indemnifying �arty or its oificers, empioyees, agenks, or €epresentaiives under ihis Agreemen#, incfuding cosis of suit and reasonabie aftomeys' fees. tn the eve�t any of the Indemnitees are made a party fa any acfion, Iavlsuit, or ather adversariaf proceeding in any v✓ay invoiving such losses, claims, demands, actions, ar causes of aciion, the indemnifying party shail provide a defense to such tndemnitees, incfuding reasanatale attorneys' fees, incnrred in defense of such claim. t 0. OEficers and Emqiovees. t�o officer ar empioyee oE any party shali be p�rsonally iiable fo any other parfy or any successors in interest in the event af any Defauft or brsach or for any amount which may becnme due #o any party ar its successors in i�ieresi or #or breach of any obiigafion of the terms of this Agreemen#. 11. Notice. Any notice, clemand, request, consent, approval, or communication either party desires ar is required to give #o the other Rarty or any person shali be in vlriting and either served personalfy, delivered by coniirmed facsimile, or sent by prepaid, first-cEass maiE to the address set forih betow, tJoiiee shell be cfeemed cammunicated forty-eight (a.8) hours from the time of mailing if mailed as provided in this Section. To City: City af Palm €7esert Paim Desart Civic Genter 73-510 Fred Waring Drive Paim Deserf, CA 92260 At#ention: Michael Errante, i�.E. Dors�c�: ia�taata:o�7�,�.a,�o-t To County: County oi Riverside iransUor�ation Deparfinent P.O. Box 1090 Rlvetside, CA °2502-1090 Afteniion: George Johnson, Director of Transgortatior� To DSUSD: Desert Sands Unified School District 47-95Q Oune Palms Road La Quinta, CA 92253 Attn: Peggy Davis, Director of Faciliiy 8erviees 12. Assianrnent of Aqreement. The parties hereto may not assign their rights or obligations hereunder fo any assignee iviihout fhe knowledge and consent of the other parties hereto which o€her par#ies shall nQt unreasonably withhaid or condition consent. Assignment may be made on(y to an assianee willing, financiaily capable and competent #o oarry auf the assignor's ob[igaiions. 13. Genera[ Provisions. (a) Excepf as �therwise provided herein, the terms, conditions, covenants, and agreements sei %rth herein shall apply to and bind the heirs, executars, administraiars, assigns, and successors of the parties hereta. {b) The parties to tiris Agreement do not rely upon any warranty or repres�nYation not contained in this Agreement. (�) This Agreement shall be governed by and interprefed Rursuant ta th� faws of the State af Cafifornia. (d� Any failure or deiay by any party in asserting any of its righ#s and remedies as to any aefault shali nat oparale as a o•,raiver of any Defaulf or at any rights or reme�ies provided for herein. AII waiuers must be in wnting, and executed by the party deemed fo have waived such Default or rlghts and remedies. (ej 7his �greement may be amended at any time by the mutua[ consent of the parfies by an instrumenf in wri#ing signed by the parties. L4. Severabilifv. In the euent that any provision of Ehis Agreement is heid unenforceable, ai[ provisions not so held shal( remain in fult foree and effect. 15. Aufharitu of Siqnatories. The persons executing this Agreement on behalf of tiie parties hereto warrant that they are dufy autharized ta execute this Agreement on behalf of said parties and #hat 6y so executing this Agreement ihe parties are formaliy bound to fhe provisions oP this Agreement. Ck:SOi'. f Fii�4'.it.f t�?�l?9-+i�aa 1N W4Tf3ES$ WHFFt�QF, the parties hereto have sxecuied #his Agreemenf as oi the day and yea� first 4vritten above. � ATTEST: DISTRICT SEGRETARY APpROVEd AS TO FORM: S'F€2AC}LFNG YDCCA CARLSOt�I & FtAUTH C11STRtCT C(7UNSEL ����-f`n�'"r r BY: t� �g`% `�' -'i .i MeManie Houk ATTEST: CITY CLERK DSUSD: DESE42T SANDS Ut31FtED SCHOOL DISTftICT, a California schoof district Dated: S��perinfenden# CITY: CETY OF PALM DESERT, a California municipal corporation �ated: By: Ciry Manager (Signafures confinued on nexf page) � oocsoC?ttU;-�za, :?oz�a�R•t�UC�� (Signafures continued from previous pagej CKil�l��i'� •_�� • :_ : � Dated: � ATTEBT: Nency Romera CLERK dF THE BOAfZi7 OF SUPERVlSORS �3'f, Deputy APPROVED AS TO PORM: William C. Katzenstein, Gounty Counsei L'-�ii Deputy Ghairman. Board af Superoisars Dc7C�nc?I t(�a3a<4i02?92?-Out�� EXHIBIT "A" DEFtNI7iON OF iMPROVEMENTS Addition oF signaf equipment necessary to provide dual feft turn lanes on westbound and eastbaund approach af 42nd Avenue at Washington Street installation of ner.v detecior loops on both approaches of 42nd Avenue at the iniersection wikh Washington Sfreet. Addition of raised medians beiwean 2 feet ta 12 feet wide at 42nd Avenue east of the intersection with Washingion Street. Enstailing signs, marKings and striping on 42nd Avenue east and west sides of the infersec#ion with Washingfon 5treet for a distance necessary to provide proper channelization for dual left furn lan�s. E}:[IIk�IT A-i DOCSUG: 7 z��4v2»v�t,'i��a�t,��-r:nqd l i ��i , � I � ' `'' I �_ ;�: � � ''r r�- - J� ` ,�j �'�'' � � , � � , �� , < __-_ YG'JLLY LM1NS % 1 _ —__—' �.% t . _ .-. _ r ..' / . _..—'----- � �A (,�..���' _ ._,._.._.. — — — � ..__ -- . -------- � . .. ----------�-r � � ---- - ' -- - -. �...---- - - - - _ _ _ "'-- ,. �,:',;: /j �, - -. _ - - - - - .! J s'j- 1,r� �_i�__ z__i-r € _.. _, �.r..._.. '� -'_ � ` _' �= �.R' > -.�—...',i'T"" Y _ F ___ ,.t` �` n r-�—�..""�--_-'=r.-- a F_= .� _ _ _ _ _ _ .. � " ' _. - .� - _ _ _ � . _—" ...._ � . , " � �� _ '^.....� f o v "-. �--"__._""' _ "'_: i ' � fi q:`j! � ... f ... _.�. __._.___.,_ ..._._ - _....,.a._._ \ ..._'._______ �� � �jylyf� __'—�r�Y /_.'__.__fJNf AtTMUE ..� —' _ , f —�� e .', i �. ��'�j,�•��' � (1 14J � i ��. �t I� 1 ("''��I:( ;! � ? ��; i € . � li ( i � ��I �., ` � _.' -,� � axris�nra t �'�w,.y.- "'�'-- �." � - _ _ �.,__.._ i, ,.,.�:. �^�`� v.�-"'" � tw.tEncs�cucxon�nunavvus � �,-1 � DOCSf_7C; ! 104d23cdi022964-Oilh# E�HiBIT A-2 Intersection Modifieatian at 42"d Avenue and Washington Street €temn Descr�ption 1 General Project Cosi 1.01 Prqvide Street Traffic Controi 1.02 Savicut Existi�g AC Pavemen� 1.03 AG,`AB Removal & Dis,�osaE 1.04 ACI�B Replacement 1.05 AC CoCd Plane Grind 1 A6 AC Overlay 1.07 Sar.dblasi ExisFirtg Stri�ing i.08 Ex'ss€ing Traffic S€gnal Loop ftemoval Re-Phasing/Con€Yol Cabinet 1.09 Adjustmen# 2.10 New Traffic Signal Loaps 3.11 Lead-in Cab[e 3.12 4" PCG (median) 9.13 Str�et Signs 1.14 Street S#riping 1.15 6" Curb Only t2eplace Existing Mast Arm wEth a 45' 1.16 hrtast Arm and Remount Heac's 1.17 Instail loops �nd Moeiify Controller SUBTOiAL 15°fn Contingency Engineering Streef fmprovemen± Plans Traffic Signaf P€ans Inspection Test�nc� Unit LS lF SF SF SF SF LF EA LS EA EA CY EA �S LF CosUUnit $S,OOO.OD $1.5D �a1.50 $2.00 $1.00 SQ..riO $0.75 s�ao.aa S5,OOO.QO 525Q.00 �2,50Q.fl0 5120.00 $500_UO sso,00a.00 sa.00 Total Cosk SS,d00.00 5 i,125.00 S2,250.00 S4,S00.00 Si,500.00 �75p.00 53,75d.40 st,toc�.a� 55,OOD.46 �6,�OO.OD �5,000.00 5600.00 $3,004.00 S10,OOO.OQ �s,00a.00 2 EA $3,50Q.Q0 $7,000.00 1 LS S20,OOO.dO S20,OOD.04 TOTAL ESiIMRTED PROJECT COST Notes: 1. 2. 3f3 Share DSUSD, Riverside Gounty, Palm Desert S79,575.Od $1 t.936.25 $6,700.00 54,70�.00 52,560.00 SS,OOO.OD u�110,41125 $36, 863.75 7his estimate is for in%rmational purposes only arad is not intended for use in bidding purposes. The u�it pricas on #his estimafe are subject to revision. Quantiiy 1 750 15p0 750 t500 t�oa 5D00 11 1 24 2 5 6 3 ��o L';{IIiI3i'1' A-3 �OCSQCtt Ht;d2ds:i02,9''9-qiliN