HomeMy WebLinkAboutC24570 - MOU w/City of Indian WellsContract No. C24570
REQUEST:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
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 California Avenue to Washington Street. Project No.
655-01
SUBMITTED BY: Mark Greenwood, P.E., City Engineer
DATE: November 10, 2005
CONTENTS: Memorandum of Understanding
Vicinity Map
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 California Avenue to
Washington Street.
Executive Summary:
On May 13, 2004, the City of Palm Desert entered into an MOU with the City of Indian Wells
that allowed them to act as lead agency in the construction of the Fred Waring Drive widening
from Deep Canyon Road to California Avenue. This MOU is a vehicle to allow Palm Desert to
act as lead agency in the construction of the final phase of the Fred Waring Drive widening
from California Avenue to Washington Street. Each City pays for the construction done within
the respective city limits. Also included are construction management services.
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.
Contract No. C24570
Memorandum of Understanding with Indian Wells — Fred Waring Widening Const. California Ave., to Washington Street
August 25, 2005
Page 2 of 2
This MOU will provide the City of Indian Wells with the same contractor to whom the City of
Palm Desert awards the winning bid 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. City of Palm Desert is the lead agency for the construction of the roadway
widening, and signal modifications.
2. City of Palm Desert will provide construction management services.
3. City of Palm Desert and City of Indian Wells shall each be responsible for 25% of
the work done in their respective cities. CVAG will reimburse the remaining 75%
on approved work.
4. City of Palm Desert will invoice City of Indian Wells a maximum of once a month
for reimbursement of expenditures.
The attached Memorandum of Understanding was reviewed and approved by our City
Attorney. If Council approves this MOU, it will be taken to the Indian Wells City Council for its
approval and execution.
Therefore, staff recommends that the City Council, by minute motion, authorize the Mayor to
execute the subject Memorandum of Understanding.
Submi
1
Mark Greenwood, P.E.
City Engineer
Approval:
Homroy
ACM for Deve
Carlos Ortega
City Manager
ent Services
Departm
Michael Erran(te, P.E.
Director of Public Works
Paul Gibson
Director of Finance
/at/dhl
G.1PubWorks1Staf Reports12005Wovember 1015 MOU Indian Wells Fred Waring WdennglAuth Mayor to execute MOU - FW const Indian Wells Phase fI 655-01.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 CALIFORNIA AVENUE TO WASHINGTON STREET
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this
__10th_day of __November__2005 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 California Avenue to Washington Street”
(“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:
Formatted
(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,
traffic signal installation, 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 have quantities that include
work in both Cities in order to avoid any unbalanced bids. The Cities shall
mutually agree on the actual quantities constructed in each city. For lump sum
bid items, the costs shall be 50/50 between the Cities. Each invoice from the
contractor shall be split between the Cities as described above.
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(3) Palm Desert shall serve as the lead agency for the Project. Upon acceptance of
the infrastructure improvements built within the jurisdiction of Indian Wells under
the agreement, Indian Wells shall assume all responsibilities for maintaining
those infrastructures.
(4) Palm Desert 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 Indian Wells’ jurisdiction, Indian Wells’ City Engineer shall
be notified of the change. Indian Wells’ City Engineer must consent to the
change prior to the Public Works Director for Palm Desert proceeding with any
change order affecting Indian Wells.
(5) Payments to Palm Desert shall be made upon presentation to Indian Wells of a
statement certifying Palm Desert’s 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 Palm Desert no more frequently
than monthly.
(6) Within thirty days of the receipt of the information provided pursuant to section
(5) above, Indian Wells shall pay to Palm Desert, Indian Wells’ portion of the
Project costs, in accordance with section (2).
(7) Palm Desert 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 Palm Desert
for the widening of Fred Waring Drive from California Avenue to Washington
Street. Palm Desert also agrees that all such files and records shall be made
available to Indian Wells 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 Indian Wells, Palm Desert, and
CVAG are cooperatively developing the Project. Prior to initiation of on-site
construction, Palm Desert agrees to provide at least two “Project Signs” to be
placed at each end of the project facing the direction of traffic 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) Palm Desert agrees to include in their contract specifications and bid documents
prepared under this agreement a requirement that all prime contractors shall
name Indian Wells as “additionally insured” on all liability insurance coverage
required by Palm Desert on each contract with an aggregate limit of no less than
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five million dollars ($5,000,000) and three million dollars ($3,000,000) per
occurrence. Palm Desert 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 telecopy 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
Attn.: Director of Public Works
Telephone: (760) 346-0611
FAX: (760) 341-7098
If to “Indian Wells”: 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 telecopy 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,
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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 each party
shall have signed a counterpart hereto, each shall be deemed an original, but all
of which constitute one and the same instrument.
(14) Palm Desert and Indian Wells do hereby mutually agree to indemnify, defend,
save, and hold harmless the other and their respective officials, 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding to be executed by their duly authorized representatives on this date:
ATTEST: CITY OF PALM DESERT
By:__________________________ By:__________________________
Rachelle D. Klassen, City Clerk Buford Crites, Mayor
ATTEST: CITY OF INDIAN WELLS
By:__________________________ By:__________________________
Anna Grandys, City Clerk Ed Monarch, Mayor
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FRED WARING DRIVE WIDENINGFROM CALIFORNIA AVE TO WASHINGTON ST