HomeMy WebLinkAboutC25900 Street Imprvmnts from Gerald Ford to Country Club - City of Rancho MirageContract No. C25900
REQUEST:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Authorize the Mayor to Execute the Agreement with the City of Rancho
Mirage for Design and Construction of Street Improvements on Monterey
Avenue from Gerald Ford Drive to Country Club Drive, Project No. 631-07
SUBMITTED BY: Mark Greenwood, Director of Public Works
DATE: October 26, 2006
CONTENTS: Agreement
Vicinity Map
Recommendation:
Authorize the Mayor to execute the agreement with the City of Rancho Mirage for
design and construction of street improvements on Monterey Avenue from
Gerald Ford Drive to Country Club Drive, and appropriate $50,000.00 from
unobligated fund 400 to the project account.
Discussion:
The City of Rancho Mirage is currently designing street improvements on Monterey Avenue
from Gerald Ford Drive to Country Club Drive. The improvements will include street widening,
sidewalks, traffic signal improvements, a street overlay, raised concrete median islands, and
drainage improvements.
The City of Rancho Mirage has offered to construct the improvements as a joint project with
the City of Palm Desert. Monterey Avenue is designated as a six -lane arterial in Palm Desert's
General Plan. Constructing the improvements as a part of Rancho Mirage's project will widen
Monterey Avenue from four to six lanes for two miles, from Gerald Ford Drive to Country Club
Drive. It will also provide more competitive prices if Palm Desert's portion is done as a part of
a larger project.
On the Palm Desert side of Monterey Avenue, the street is already at its ultimate width for the
length of this project. Therefore, there will be no need for acquisition of right-of-way, street
widening, or installation of sidewalks. Palm Desert will only be paying for an asphalt overlay,
half of the raised median islands, and some minor drainage infrastructure.
Agreement with Rancho Mirage — Monterey Improvements — Gerald Ford to Country Club
October 26, 2006
Page 2 of 2
An agreement has been drafted to allow the project to be constructed as a joint project. This
agreement with Rancho Mirage defines the roles and funding responsibilities of each party for
design and construction of the improvements on Monterey Avenue.
A summary of the agreement is as follows:
1. Rancho Mirage will be the lead agency for the project.
2. The project will consist of the widening and construction of median islands on
Monterey Avenue from Gerald Ford Drive to Country Club Drive.
3. Palm Desert shall pay a deposit of $45,000.00 for the estimated design cost.
4. Palm Desert shall be responsible for the cost of the improvements physically
located within the City of Palm Desert.
5. After the project is complete, Rancho Mirage will invoice Palm Desert for its 0
portion of the cost.
The Riverside County Transportation Commission has approved this project for Measure "A" ,�
funding. Funding for the project is scheduled in future fiscal years, so some funding must be
advanced for the design. Funds for the City's share of the construction cost will be requested a
in next years budget. The attached agreement was reviewed and approved by our City
Attorney. After execution, the Agreement will be sent to the City of Rancho Mirage for their 4'
review and approval. 4▪ 4
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u ofTherefore, staff recommends that City Council, by minute motion, authorize the Mayor to
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execute the subject Agreement, and appropriate $50,000.00 to the project account.
Prep : • B
Ri' Gay
Project A. inistrator
Approval:
Homer Croy
ACM for Development Services
Carlos L. Orte
City Manager
Departme►t He
Mark Greenwood, P.E.
Director of Public Works
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Paul Gibso V
CIT'Pi�G �
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APPROVED It DENIED
RECEIVED OTHER
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JERIFIED BY: ;ri
'riginal on File wi City Clerk's Office
CITY OF PALM DESERT/CITY OF RANCHO MIRAGE
REIMBURSEMENT AGREEMENT
FOR DESIGN AND CONSTRUCTION OF
MONTEREY AVENUE STREET IMPROVEMENTS
FROM COUNTRY CLUB DRIVE TO GERALD FORD DRIVE
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 the
"Monterey Avenue Street Improvements from Country Club Drive to Gerald
Ford Drive" (the "Project"). The Project will provide street widening to
accommodate three through lanes in both directions, traffic signal modifications, and
raised median islands on Monterey Avenue along the subject portion of the roadway.
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 design and construction of street improvements
within existing Right of Way in the Cities of Palm Desert and Rancho Mirage.
Additional Right of Way will be required to accommodate the proposed
improvements in the City of Rancho Mirage. The City of Rancho Mirage will
pay for all expenses pertaining to acquisition of Right of Way in Rancho
Mirage.
(2) The estimated design and construction cost of the Project is $3,600,000.
Palm Desert's share of the Project's cost is estimated to be approximately
$500,000, or fourteen percent (14%) of the Project's estimated cost based on
the percentage of the work physically located in the City of Palm Desert.
(3) Rancho Mirage shall serve as the lead agency for the completion of the entire
project. Upon acceptance of the improvements built within the jurisdiction of
Palm Desert under the agreement, Palm Desert shall assume all
responsibilities for maintaining such improvements.
(4) Palm Desert shall pay to Rancho Mirage a deposit of $45,000 for Palm
Desert's estimated share of the design cost. At the completion of the Project,
the total design cost shall be divided between Palm Desert and Rancho
Mirage based on the percentage derived pursuant to section 5.
(5) Upon completion of the Project, the City of Rancho Mirage shall determine the
actual Palm Desert share of the Project Cost based on the percentage of the
work physically located in Palm Desert based on actual bid unit costs and field
measurements. Lump sum items, such as mobilization and traffic control,
shall be divided based on the aforementioned percentage. Any disputed items
shall be reimbursed using a method to be agreed upon by the Directors of
Public Works. 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.
(6) Within thirty days of the receipt of the information provided pursuant to section
5 above, Palm Desert shall pay to Rancho Mirage an amount equal to the
Palm Desert share of the Project construction costs.
(7) 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 widening and installation of raised medians on Monterey
Avenue. Rancho Mirage also agrees that all such files and records shall be
made available to Palm Desert upon its reasonable request.
(8) Rancho Mirage agrees to include in the contract specifications and bid
documents prepared under this agreement a requirement that all prime
contractors shall name Palm Desert as "also insured" on all liability insurance
coverage required, and any notice of cancellation. Rancho Mirage agrees to
provide a copy of the insurance certificate within 30 days of the signing of the
construction contract.
(9) 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 FedEx 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: Public Works Director
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: Public Works Director
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.
(10) 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.
(11) 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.
(12) This Agreement maybe 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.
(13) Palm Desert and Rancho Mirage do hereby mutually agree to indemnify,
defend, save, and hold harmless the other and their respective 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives on this date:
ATTEST: CITY OF PALM DESERT
By: By:
Rachelle D. Klassen, City Clerk Jim Ferguson, Mayor
APPROVED AS TO FORM:
By:
David J. Erwin, City Attorney
ATTEST: CITY OF RANCHO MIRAGE
By: By:
Elena Keeran, City Clerk Richard W. Kite, Mayor
APPROVED AS TO FORM:
By:
, City Attorney
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