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Home My WebLink AboutC23870 Desert Sands Unified (DSUSD) Landscaped Medians on Portola - Washington Charter SchoolREQUEST: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Authorize the Mayor to Execute the Agreement with Desert Sands Unified School District (DSUSD) for Construction of Landscaped Medians on Portola Avenue along the frontage of Washington Charter School. SUBMITTED BY: Mark Greenwood, City Engineer DATE: June 9, 2005 CONTENTS: Agreement Vicinity Map Recommendation: Authorize the Mayor to Execute the Agreement with Desert Sands Unified School District (DSUSD) for Construction of Landscaped Medians on Portola Avenue along the frontage of Washington Charter School. Discussion: DSUSD is in the process of constructing a new campus including all new buildings at Washington Charter School at 45-768 Portola Avenue. Along with a new school facility, DSUSD has indicated that they would like to construct landscaped medians along the frontage of the school to mitigate traffic impacts, as a joint project with City of Palm Desert. An agreement has been drafted to allow the project to be constructed as a joint project. This agreement with DSUSD simply outlines what is expected of each party with regard to the financial responsibility for the construction of the medians on Portola Avenue. 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 raised, landscaped, fourteen foot wide median island on Portola Avenue along the school frontage. 3. DSUSD will be responsible for the Design and Administration of the project, and City of Palm Desert will be responsible for the cost of construction, landscaping, and irrigation improvements. 4. After the project is complete, DSUSD will invoice Palm Desert for its portion of the cost. Agreement with DSUSD — Portola Avenue Medians June 9, 2005 Page 2 of 2 Funding for the medians and the landscape installation will come from the Fund 400 Major Street Landscaping account. Palm Desert's portion is estimated to be $72,000. The attached agreement was reviewed and approved by our City Attorney. After execution, the Agreement will be returned to DSUSD for their approval. Therefore, staff recommends that the City Council, by minute motion, authorize the Mayor to execute the subject Agreement. Submitted Cy: OA1, Mark Green "•od, P.E. City Engineer Approval: or Develont Services City Manager Department Head: Michael Errante, P.E. Director of Public Works ' ector of Finance G:1PubWorks\Ryan Gayler\Word Files\Staff Reports\Auth Mayor to execute agmt • Portola medians DSUSD.doc CONTRACT N0. G23870 REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this - day of , 2005, by and between the DESERT SANDS UNIFIED SCHOOL DISTRICT ("DSUSD"), a school district organized and existing under the laws of the State of California and the CITY OF PALM DESERT, a California municipal corporation (the "City"). RECITALS: A. DSUSD intends site located in ("Development"). to construct a new Washington Charter School on the existing at 45768 Partola Avenue in the City of Palm Desert B. DSUSD intends to construct certain street and right of way improvements, as described herein below. C. In addition to DSUSD's share of the costs to construct the aforementioned street improvements, the City has agreed to pay a portion of such costs, as described hereinbelow. D. The parties desire, by this Agreement, to set farth the obligations of the City and DSUSD with respect to the payment for and construction of the improvements described hereinbelow. . NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Responsibilities of DSUSD. DSUSD shall cause the design and construction of a 14-foot wide landscaped median in Portola Avenue afong the entire frantage of the Development as described on Exhibit "A" attached hereto (the "Improvements"). DSUSD shall, in comp{eting such design and construction: a. prepare the plans and specifications for the Improvements in accordance with City standards and submit such plans and specifications to the City Public Works Department for review and approval; b. cause the construction of the Improvements; and c. not exceed the project budget described an Exhibit "A" without the written permission of the City. d. pay 100% of the project soft costs associated with the lmprovements, including design, administration, inspection, testing, and survey. DOCSOC/ 109755 8v2/22929-0000 CONTRACT N0. C23870 2. Responsibilities of Citv. City shall reimburse DSUSD for the following costs of the Improvements in accordance with the project budget described on Exhibit "A": a. 100% of the cost to install median island and median island landscape and irrigation improvements. City agrees to review the estimated costs for the project foUowing the preparation of the engineer's estimate and following the receipt of construction bids. The eligible costs outlined within Exhibit "A" may be adjusted by the City if necessary. 3. Reimbursement to DSUSD. Reimbursement for work perFormed shall be made within thirty (30) days after presentation to City of statements from DSUSD certifying project costs, and enclosing therewith copies of contractor's invoices, evidence of payment, and other such information and records as may be required by City to verify costs, provided however, that such payments shall be made to DSUSD no more frequent{y than monthly. 4. Proiect Completion Report. Prior to any final payment to DSUSD by City, a final report shall be submitted to City by DSUSD containing a record of all payments made for said project, together with a record of all change orders, cost over-runs, and other expenses incurred, and final payment thereafter will be paid by City in accordance with the provisions of this Agreement. 5. Warrantv. DSUSD shalf warrant the Improvements for a period of one year following their campletion and acceptance by the City. 6. Disputes. In the event of any dispute arising under this Agreement, the defaulting party shall notify the non-defaulting party of� its contentions by submitting a claim therefor. The injured party shall continue performing its obligations incurred herein so long as the injuring party commences to cure such injuring action within ten (10) business days of service of such notice and completes the cure within forty-fiive (45) calendar days after the notification, or such longer period as may be agreed upon by the parties. 7. Attornev's Fees. Ifi any party commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing party shall be entitled to recover reasonable attorneys' fees and legal costs from the losing party. 8. Indemnification. DSUSD agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns ("City Indemnitees") harmless from and against any losses, claims, demands, actions, or causes of action, of any nature whatsoever, arising out of or in any way connected with the perFormance of DSUSD, its officers, employees, agents, or representatives under this Agreement, including costs of suit and reasonable attorneys' fees. {n the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such losses, claims, demands, actions, or causes of action, DSUSD shall provide a defense to the City 2 DOC S�C/ 10975 5 8v2122929-0000 CONTRACT NO. C2387U Indemnitees, including reasonable attorneys' fees, incurred in defense of such claim. ln addition, DSUSD shall be obligated to promptly pay any final judgment or portion thereof rendered against the City Indemnitees. City agrees to indemnify, defend and hold DSUSD and its officers, employees, agents, representatives, and assigns ("DSUSD {ndemnitees") harmless from and against any Iosses, claims, demands, actions, or causes of action, of any nature whatsoever, arising out of or in any way connected with the performance of City, its officers, employees, agents, or representatives under this Agreement, including costs of suit and reasonable attorneys' fees. In the event the DSUSD Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such losses, claims, demands, actions, or causes of action, City shall provide a defense to the DSUSD Indemnitees, including reasonable attorneys' fees, incurred in defense of such claim. In addition, City shall be obligated to promptfy pay any final judgment or portion thereof rendered against the DSUSD Indemnitees. 9. Citv Officers and Emqlovees. No officer or employee of City shall be personalfy liabfe to DSUSD or any successors in interest in the event of any default or breach by City or for any amount which may become due to DSUSD or their successors in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of DSUSD shall be personally liable to City or any successors in interest in the event of any default or breach by DSUSD or for any amount which may become due to City or their successors in interest or for breach of any obligation of the terms of this Agreement. 10. Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Michael Errante, Director of Public Warks To DSUSD: Desert Sands Unified Schoo{ District 47-950 Dune Palms Road La Quinta, CA 92253 Attn: Peggy Reyes, Director of Facility Services 11. Assiqnment of Aqreement. The parties hereto may not assign their obligations hereunder to any assignee without the knowledge and consent of the other party hereto which other party shall not unreasonably withhold consent. Assignment may be made only to an assignee willing, financially capable and competent to carry out the assignor's obligations. DOCSOC/ 10975 5 8v2/22929-0000 CONTRACT NO. C23870 12. General Provisions. A. Except as otherwise provided herein, the terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. B. The parties to this Agreement do not rely upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. D. Any failure or delay by any party in asserking any of its rights and remedies as to any defauft shall not operate as a waiver of any default or of any rights or remedies provided for herein. E. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by the parties. 13. Severabilitv. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 14. Authoritv of Siqnatories. The persons executing this Agreement on behalf of the parties hereto warrant that they are dufy authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties are formally bound to the provisions of this Agreement. 4 DOCSOC/ 109755 8v2/22929-0000 CONTRACT NO. C2387Q IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: CITY OF PALM DESERT, a California municipal corporation By: �ts: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney DOCSOC! 109755 8v2/22929-0000 5 DISTRICT: DESERT SANDS UNIFfED SCHOOL DfSTRICT, a school district organized and existing under the laws of the State of California By: its: ATTEST: School District Secretary APPROVED AS TO FORM: Stradling Yocca Carlson & Rauth, School District Special Counsel CONTRACT N0. C23870 EXHIBIT "A" "� . �'`�'��ir�gt�� h�rt�r E1��t�ry �c�c�a� P�rkc�l� ��t�� - ��' �ick� ��da�n ��rr�� t�sr, � Not� � �e�crapl.;�, ?.�`t S��u€ �v�;n �r�t 2.C�°? �a �:�sd G�a^�i �.�:�tiry ,�.G ?_03 3° �•��l.i 2.G� �S' �cxx'ataur G�r.�'�i� �,tcip �.C�� ]r�i�,l'�,��t�r5�rxric� 2.Ck� L�f;tl:�^v3;�iPl� Z.ii7 f 9i..�. w "r�t:� �r� �ign�� 2.��5 �ulafi��l 2.Q�+ ��r„ir�n�r�� - 1�`6 ;.ti� �'t�tatCtss#s DOCSOC! 109755 8v2/22929-0000 �u�ntib� '.:nit �2i� L~ �2� ..e°7F 4�D �.r 13�Li �� F ��T �t44U �F ' L� �o�v`�;��it T�a= ��t �A.iCa ��.t�C] �<.��L ,'�'d.�,�i.�Q Si�.OL� �1'�,3��:.�ti a�_t�3 $'�,10�.Ct� J��i1i;�.1Fti 'y�RratJi.71:.S3L{ �.�-`3.�i �� .�.�i� S9�,C�v�Y.t7" �1i3,Q4i,.Qff �bc, 3 T°�.�Q �.�',� � t.2� $7'��6�.2.E3 CONTRACT NO. C23870 VICINITY MAP