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Home My WebLink AboutC26520 - J.W. Design & Const., Inc.CITY OF PALM DESERT/J.W. DESIGN AND CONSTRUCTION, INC. REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON GERALD FORD DRIVE AND UNIVERSITY CENTER PROFESSIONAL PARK THIS AGREEMENT is made and entered into this day of 2006, by and between the City of Palm Desert ("Palm Desert") and J.W. Design and Construction, Inc. ("JWDC"), and is made with reference to the following background facts and circumstances: RECITALS Palm Desert and JWDC desire to proceed with the Drainaqe Improvements on Gerald Ford Drive, throuqh the Universitv Center Professional Park, and in the Mid-Vallev Channel ("Proiect"). The "Project" will provide inlet structures on Gerald Ford Drive and within University Center Professional Park, reinforced concrete pipe storm drain, flap gate and outlet structures, grading within the mid- valley channel, and installation of hardened weirs within the mid-valley channel. 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 construction of drainage improvements as described above. (2) The estimated cost of the "Project" is $340,480.00 (See Exhibit 1). Palm Desert's share of the ProjecYs cost is estimated to be $262,810.00 based on the percentage of the work physically located within Palm Desert's area of responsibility. (3) JWDC shall serve as the lead agency for the construction of the "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) Upon completion of the "Project", JWDC 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 payment for the work. (5) Within thirty days of the receipt of the information provided pursuant to section (4) above, Palm Desert shall pay to JWDC Palm Desert's share of the "Project" construction costs. (6) JWDC agrees to keep all project contracts and records for a period of not less than three years from the date of the completion of the "Project". JWDC also agrees that all such files and records shall be made available to Palm Desert upon its reasonable request. (7) JWDC 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. JWDC 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 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": Public Works Director City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-0611 FAX: (760) 341-7098 If to "JWDC": Jerry Williams J.W. Design and Construction, Inc. P.O. Box 1154 San Luis Obispo, CA 93406 Telephone: (805) 544-3130 FAX: (805) 781-3970 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 JWDC 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: By: Rachelle D. Klassen, City Clerk APPROVED AS TO FORM: By: David J. Erwin, City Attorney ATTEST: By: Secretary APPROVED AS TO FORM: By: PALM DESERT By: Richard S. Kelley, Mayor JWDC By: Jerry Williams, President EXHIBIT 1 CITY OF PALM DESERT PARTICIPATION IN STORM DRAIN @ UCPP ITEM QUANTITY NOMENCLATURE UNIT VALUE COPD participation % $ 1. 510 If 36" RCP CI 1500 D 178.00/If $90,780.00 1�� $9�,780.00 2. 1 ea 7' x 4' x 9' junction structure I. s. $18,000.00 50 $9,000.00 3. 140 If 24" RCP CI 1500 D 100.00/If $14,000.00 100 $14,000.00 4. 1 ea combination catch-basin underwalk drain I. s. $45,000.00 100 $45,000.00 5. 1 ea H.S. flapped hydro- I. s. gate assembly $33,360.00 100 $33,360.00 6. 1 ea conc. structure $42,000.00 50 $21,000.00 w. end ret. basin I. s. 7. 1 ea re-size -reconfigure North retention basin I. s. $33,600.00 50 $16,800.00 8. 1 ea Additional weir @ east property line I. s. $5,000.00 JWD g 50 $2,500.00 9. 1 ea Gunnite @ weirs 10. 1 ea grade next easterly weir to CVE supplied new elevation Sub Total I. s. $56,740.00 I. s. $2,000.00 JWD g $340,480.00 50 $28,370.00 100 $2,000.00 $262,810.00 Difference COPD/Development costs �$77,670.00 � Vicinity Map Gerald Ford Drainage and Mid-Valley Channel The mid-valley channel travels adjacent to the southern boundary of the Union Pacific Railroad