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Home My WebLink AboutC29950C Reimbursement Agreement for the Monterey Avenue Traffic Signals - 555-10CONTRACT NO. C29950C CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AUTHORIZE THE MAYOR TO EXECUTE TH AGREEMENT WITH THE CITY OF RANCHO MONTEREY AVENUE TRAFFIC SIGNAL PROJECT (PROJECT NO. 555-10) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: January 13, 2011 CONTENTS: Agreement Vicinity Map Recommendation E REIMBURSEMENT MIRAGE FOR THE SYNCHRONIZATION By Minute Motion, authorize the Mayor to execute the Reimbursement Agreement, Contract No. C29950C, with the City of Rancho Mirage for the Monterey Avenue Traffic Signal Synchronization Project (Project No. 555-10). Background In March 2009, an application was submitted on behalf of the cities of Palm Desert and Rancho Mirage for the MSRC Clean Transportation Funding FY '08/'09 Local Government Match Program. The project proposed in the application included developing, implementing, fine- tuning, and maintaining traffic signal coordination plans at 14 signalized intersections on Monterey Avenue and Dinah Shore Drive. In October 2009, staff received notification that the AQMD Governing Board had approved our applications and awarded funding for the project. Council authorized staff to issue a Request for Proposals (RFP) from traffic engineering firms to provide traffic signal synchronization timing services in an amount not to exceed $78,900. A Notice Inviting Proposals was advertised and staff received nine proposals. A proposal review committee comprised of staff from both Palm Desert and Rancho Mirage evaluated the proposals and recommended award of a contract to the top ranked firm, Fehr and Peers. At the October 28, 2010, Council meeting, Council approved the contract with Fehr and Peers in the amount of $76,497.74. Because portions of Monterey Avenue and Dinah Shore Drive are bisected by the city boundary between the City of Palm Desert and the City of Rancho Mirage, the cost of synchronization will be divided between the Cities proportionately. Of the 14 traffic signals to be synchronized, 12 are shared between the two cities, and 2 are fully within the City of Palm Desert. Therefore, the project costs are split with 50 percent ($38,248.87) of the funds coming from the MSRC grant, 30 percent ($22,949.32) provided by Palm Desert and 20 percent Staff Report CONTRACT NO. C29950C Approve Reimbursement Agreement with Rancho Mirage January 13, 2010 Page 2of2 ($15,299.55) from Rancho Mirage. The full cost of the project will initially be paid by the City of Palm Desert and, at the conclusion of the project, the City will be reimbursed by MSRC and Rancho Mirage for their portions of the cost. An agreement has been drafted to allow the project to be conducted as a joint project. This agreement with Rancho Mirage simply outlines what is expected of each party with regard to the financial responsibility for the synchronization activity on Monterey Avenue and Dinah Shore Drive. A summary of the agreement is as follows: 1. Palm Desert is the lead agency for the project. 2. The project will consist of the synchronization and fine-tuning of the subject traffic signals on Monterey Avenue and Dinah Shore Drive. 3. Rancho Mirage is responsible for 20 percent of the project cost. 4. After the project is complete, Palm Desert will invoice Rancho Mirage for its portion of the cost. 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 review and approval. Fiscal Analysis Approval of this agreement will allow the City to recoup approximately $15,299.55 from the City of Rancho Mirage for the Monterey Avenue synchronization project. Prepa ect Administrator I� Paul S. Gibson, Director of Finance o /Oo n M. Wohlmuth, City Manager Department Head: Mark Greenwood, P.E. Director of Public Works CITY COUNCILAf� ON APPROVED DENIED RECEIVED OTHER MEETI G DA' AYES: W(1 NOES: ABSENT: ABSTAIN: VERIFIED BY: IU ► K4U) Original on File with City , erk's Office MONTEREY AVENUE SIGNAL SYNCHRONIZATION PROJECT REIMBURSEMENT AGREEMENT BY AND BETWEEN CITY OF PALM DESERT AND CITY OF RANCHO MIRAGE THIS AGREEMENT is made and entered into this day of 2010, by and between the City of Palm Desert ("Palm Desert") Rancho Mirage ("Rancho Mirage"), and is made with reference background facts and circumstances: RECITALS and the City of to the following The City of Palm Desert and the City of Rancho Mirage desire to proceed with the "Monterey Avenue Signal Synchronization Proiect" (the "Project'). The Project will synchronize and fine-tune the traffic signals on Monterey Avenue and Dinah Shore Drive along the portions of the roadways detailed in Exhibit "A." 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 synchronization and fine-tuning of fourteen traffic signals on Monterey Avenue and Dinah Shore Drive within the Cities of Palm Desert and Rancho Mirage. (2) The estimated cost of the Project is $76,500. Rancho Mirage's share of the Project's cost is estimated to be approximately $15,300, or twenty percent (20%) of the Project's cost. Notwithstanding the estimate, Rancho Mirage shall pay to Palm Desert twenty percent (20%) of the total Project cost. (3) Palm Desert shall serve as the lead agency for the completion of the entire project. (4) Upon completion of the Project, Palm Desert shall determine Rancho Mirage's share of the Project Cost based upon twenty percent (20%) of the total project cost. Palm Desert shall present to Rancho Mirage a statement certifying its costs incurred in completing the work, and shall include copies of the consultant'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 the Rancho Mirage share of the Project costs. (6) Palm Desert agrees to keep all project contracts and records for a period of not less than three (3) 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 the contract specifications and bid documents prepared under this agreement a requirement that all prime contractors shall name Rancho Mirage as an "additional insured" on all liability insurance coverage required, and any notice of cancellation. 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 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. (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, 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. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 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: Cynthia Scott, City Clerk APPROVED AS TO FORM: By: Steven B. Quintanilla, City Attorney By: By: CITY OF PALM DESERT Jean M. Benson, Mayor CITY OF RANCHO MIRAGE Richard W. Kite, Mayor _ _. JDINAH SHORE DR. 7Fl91 IoWZ11,,.2 w Q cn cif w ZD O O Z � 0 Q 3& w z 0 GERALD FORD DRIVE 0 allw m �n V PARK VIEW DRJ FRED v FRANK SINATRA DRIVE COUNTRY CLUB DRIVE HOVLEY LANE W WARING DR W O w CL 0- OWO c N W L LQ Lo OZ U = Z Z z� W UQ�Q: LL- LL. s w I Z Q 0 o I� a o� any M W L4 l_ j IIGG77 fCJ