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Home My WebLink AboutC23900A Repair Monterey Ave. Bridge 643-05Contract No. C23900A CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Authorize the Mayor to Execute the Reimbursement Agreement with the City of Rancho Mirage for the Repair of Expansion Joints at the Monterey Avenue Bridge over the Whitewater Channel, and Appropriate $100,000.00 from Unobligated Fund 400 (Project 643-05) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: February 23, 2006 CONTENTS: Agreement Vicinity Map Recommendation: Authorize the Mayor to Execute the Reimbursement Agreement with the City of Rancho Mirage for the repair of expansion joints at the Monterey Avenue Bridge over the Whitewater Channel, and appropriate $100,000.00 from unobligated Fund 400 to a project account. Discussion: On the June 23, 2005 City Council approved a contract with Moffatt & Nichol, engineers, for the design of expansion joint repairs on the Monterey Avenue Bridge at the Whitewater Channel. The expansion joints on the bridge are excessively wide where the deck of the bridge interfaces with the street surface, possibly due to expansion caused by extreme temperature fluctuations. Because the City Limit line between the City of Palm Desert and the City of Rancho Mirage bisects the bridge on Monterey Avenue, we have requested that the City of Rancho Mirage participate in the funding of the repairs to the expansion joints. The total cost of the project is estimated at $100,000.00. Each city will fund 50% of the actual cost of the design and construction of the repairs. The City of Palm Desert will be the lead agency for the project. Agreement with Rancho Mirage — Monterey Avenue Bridge Joints Page 2 of 2 February 23, 2006 Therefore, staff recommends that City Council authorize the Mayor to execute the reimbursement agreement with the City of Rancho Mirage for the design and construction of improved expansion joints at the Monterey Avenue Bridge over the Whitewater Channel, and appropriate $100,000.00 from unobligated Fund 400 to a project account. Submitted By: fi ecGA`clyhYnistrator Approval: Homer Croy ACM for Dev pment Services Carlos Ortega City Manager /rg/dhl Department Hed: r Mark Greenwood, P.E. Director of Public Works Paul Gibson Director of Finance G:\PubWorks\Staff Reports\2006\February 23\4 Reimbursement Agreement City Rancho Mirage Monterey Bridge Expansion Joints 643-05\Authorize Mayor to Execute Agmt.doc CITY OF PALM DESERT/CITY OF RANCHO MIRAGE REIMBURSEMENT AGREEMENT FOR DESIGN AND CONSTRUCTION OF THE EXPANSION JOINTS FOR THE MONTEREY AVENUE BRIDGE OVER THE WHITEWATER CHANNEL THIS AGREEMENT is made and entered into this day of 2006, 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 "Remove and Replace the Expansion Joints for the Monterev Avenue Bridge Over the Whitewater Channel (the "Project"). The Project shall remove and replace the expansion joints at both bridge abutments. 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 designing and constructing the bridge's expansion joints. (2) Rancho Mirage's share of the Project's cost is to be fifty percent (50%) of the actual Project design and construction cost. The estimated project cost is $100,000. (3) Palm Desert shall serve as the lead agency for the Project. Upon acceptance of the infrastructure improvements built within the jurisdiction of Rancho Mirage under the agreement, Rancho Mirage shall assume all responsibilities for maintaining those infrastructure improvements. (4) Upon completion of the Project, the City of Palm Desert shall present to Rancho Mirage 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, Rancho Mirage shall pay to Palm Desert an amount equal to fifty percent (50%) of the Project design and construction costs. (6) 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 Project. Palm Desert also agrees that all such files and records shall be made available to Rancho Mirage upon its reasonable request. (7) Palm Desert agrees to include in their contract specifications and bid documents prepared under this agreement a requirement that all prime contractors shall name Rancho Mirage as "additionally insured" on all general liability and automobile insurance coverage required. Palm Desert agrees to provide a copy of the insurance certificate within 30 days of the signing of the construction contract. (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 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) Palm Desert and Rancho Mirage, 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. 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: CITY OF PALM DESERT By: Jim Ferguson, Mayor ATTEST: CITY OF RANCHO MIRAGE By: By: By: Rachelle D. Klassen, City Clerk Alan Seman, Mayor ATTEST: Elena Keeran, City Clerk