HomeMy WebLinkAboutR22820 - MOU - City of Indian Wells - Storm Drain InstallationPALM DESERT REDEVELOPMENT AGENCY
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: APPROVE MEMORANDUM OF UNDERSTANDING WITH THE
CITY OF INDIAN WELLS FOR INSTALLATION OF STORM
DRAIN INFRASTRUCTURE FROM PALM DESERT COUNTRY
CLUB NEIGHBORHOOD AREA TO THE WHITEWATER
CHANNEL
SUBMITTED BY: RYAN GAYLER, MANAGEMENT ANALYST
DATE: MAY 27, 2004
CONTENTS: VICINITY MAP
MEMORANDUM OF UNDERSTANDING
Recommendation:
By Minute Motion, that the Agency Board:
Authorize the Chairman to execute the Memorandum of
Understanding (MOU) with the City of Indian Wells for installation of
storm drain infrastructure in Elkhorn Trail from Fred Waring Drive to
Indiana Avenue, in Fred Waring Drive from Elkhorn Trail to Warner
Trail, and in Warner Trail from Delaware Place to the Whitewater
Channel.
Executive Summarv:
This MOU allows Indian Wells to act as lead agency in the installation of storm drain
infrastructure in the above -mentioned streets. It includes construction management
services which will be invoiced separately to the Palm Desert RDA and Indian Wells.
The cost of the installation of the infrastructure will be shared based on a ratio
calculated from water volume to be transported through the pipes. Since
Redevelopment Project Area #4's runoff will account for approximately 85% of the total
water transported through the storm drains, Agency will pay for 85% of the construction
costs. The total cost of the project is expected to be approximately $3,500,000 of which
Palm Desert RDA's portion would be $2,975,000.
Staff Report
Memorandum of Understanding with Indian Wells — Warner Trail Storm Drain
May 27, 2004
Page 2 of 3
Discussion:
The Palm Desert Country Club neighborhood has been identified as needing storm
drain improvements in the Master Drainage Plan. The Palm Desert Redevelopment
Project Area #4 Advisory Committee has identified storm drainage as their top priority
capital expenditure. The best way to dispose of the storm water is to divert it to the
Whitewater Channel. Indian Wells is currently in the process of widening Warner Trail
from Fred Waring Drive to Miles Avenue. In order to take advantage of the planned
road construction, the City of Palm Desert would like to install drainage pipes from Fred
Waring Drive through Indian Wells into the Whitewater Channel.
Indian Wells will benefit from the access to Storm Water disposal infrastructure. The
neighborhoods on either side of Warner Trail south of Fred Waring will connect to the
storm drain system. It is estimated that 15% of the water to be carried by the storm
drains will come from Indian Wells. The other 85% will come from Project Area #4.
Therefore, the City of Indian Wells will be responsible for 15% (up to a maximum
contribution of $525,000) of the project cost, and the Agency will be responsible for the
remaining cost. The estimated project cost is $3,500,000, so Palm Desert RDA's
portion would be approximately $2,975,000. The reimbursement ratio was determined
based upon the projected volume of water from each City to be conveyed through the
storm drains.
A summary of the MOU is as follows:
1. Indian Wells is the lead agency for the construction of the
project.
2. Indian Wells will provide construction management services.
3. Palm Desert RDA and Indian Wells shall be responsible for
85% and 15%, respectively, of the cost of the project. Indian
Wells will not pay more than $525,000. Palm Desert City
Engineer must approve any changes that increase the
project cost for Palm Desert.
4. Construction Management will be split out based on the work
done for each entity (Palm Desert RDA and Indian Wells)
and it will be paid for accordingly.
5. Indian Wells will invoice Palm Desert a maximum of once a
month for its cost.
The attached Memorandum of Understanding was reviewed and approved by Agency
Counsel. If the Agency Board approves this MOU, it will be taken to the Indian Wells
City Council for its approval and execution.
G:TubWorkslStaff Reports120041May 271Auth Mayor to execute MOU- Warner Trl const Indian Wells.doc
Staff Report
Memorandum of Understanding with Indian Wells — Warner Trail Storm Drain
May 27, 2004
Page 3 of 3
Therefore, staff recommends that the Agency Board, by minute motion, authorize the
Chairman to execute the subject Memorandum of Understanding.
Submitted By:
Ry4h Gayler 0
Management Analyst
Department Head:
Michael Errante, P.E.
Director of Public Works
Approval:
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PALM DESERT REDEVELOPMENT AGENCY/CITY OF INDIAN WELLS
MEMORANDUM OF UNDERSTANDING
FOR CONSTRUCTION AND CONSTRUCTION MANAGEMENT SERVICES
FOR INSTALLATION OF STORM DRAIN IMPROVEMENTS IN
ELKHORN TRAIL FROM FRED WARING DRIVE TO INDIANA DRIVE, IN
FRED WARING DRIVE FROM ELKHORN TRAIL TO WARNER TRAIL, AND IN
WARNER TRAIL FROM DELAWARE PLACE TO THE WHITEWATER CHANNEL
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this
day of 2004, by and between the Palm Desert
Redevelopment Agency ("PDRDA') and the City of Indian Wells ("Indian Wells"),
hereinafter collectively called "Agencies", and is made with reference to the following
background facts and circumstances:
RECITALS
WHEREAS, the Agencies.desire to proceed with the "Installation of Storm Drain
Improvements in Elkhorn Trail from Fred Warinq Drive to Indiana Drive, in Fred
Waring Drive from Elkhorn Trail to Warner Trail, and in Warner -Trail from
Delaware Place to the Whitewater Channel", hereinafter called ("Project"), and
WHEREAS, the City of Palm Desert Master Drainage Plan has identified the Palm
Desert Country Club neighborhood as an area in need of storm drain improvements,
and the neighborhoods south of Fred Waring Drive adjacent to Warner Trail on the east
and west have no drainage infrastructure, and
WHEREAS, the most logical route to an existing storm water outlet runs through Indian
Wells, and
WHEREAS, both Agencies will benefit from the availability of storm water disposal
infrastructure and have agreed to jointly fund the Project.
NOW THEREFORE, in consideration of mutual covenants and subject to the conditions
contained herein, the Agencies do agree as follows:
(1) The Project shall consist of miscellaneous demolition and removal of debris, the
construction necessary to install storm drain infrastructure, backfill, and other
miscellaneous improvements as outlined in the plans and specifications.
(2) PDRDA shall be responsible for eighty-five percent (85%) of the Project cost, and
Indian Wells shall be responsible for fifteen percent (15%) of the Project cost.
The Indian Wells portion of the Project costs shall not exceed $525,000.00. The
Palm Desert City Engineer shall review all potential Project encumbrances that
would increase the total Project cost beyond $3,500,000.00 and has the right to
withhold approval of any such proposed expenditures.
(3) Indian Wells shall serve as the lead agency and provide construction
management services for the Project. Each invoice from the construction
management firm shall detail management services provided for the Agencies
individually, and provide a sub -total amount for each Agency. Indian Wells,
through its Director of Public Works, shall award and supervise all the
construction service agreements to carry out the Project.
(4) Indian Wells shall schedule mandatory bi-weekly progress meetings to be
attended by representatives of Indian Wells and Palm Desert public works
departments, 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 within the jurisdiction of the
City of Palm Desert, the Palm Desert City Engineer shall be notified of the
change. The Palm Desert City Engineer must consent to the change prior to the
City Engineer for Indian Wells proceeding with any change order affecting
PDRDA.
(5) Payments to Indian Wells shall be made upon presentation to PDRDA of a
statement certifying Indian Wells' costs incurred in completing the work, and shall
include copies of the contractor's invoices, evidence of payment, and such other
information and records reasonably necessary to verify the cost of the work,
provided however, that such payments shall be made to Indian Wells no more
frequently than monthly. Palm Desert City Engineer shall review and approve
the payment requests.
(6) Within thirty days of the receipt of the information provided pursuant to section 5
above, PDRDA shall pay to Indian Wells Palm Desert's portion of the Project
costs, in accordance with sections 2 and 3.
(7) Indian Wells 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 Indian Wells
for the Installation of Storm Drain Improvements. Indian Wells also agrees that
all such files and records shall be made available to PDRDA upon its reasonable
request.
(8) Indian Wells agrees to include in its contract specifications and bid documents
prepared under this agreement a requirement that all prime contractors shall
name City of Palm Desert and PDRDA as "additionally insured" on all
liability insurance coverage required by Indian Wells on each contract, with an
aggregate limit of no less than two million dollars ($2,000,000). Indian Wells
agrees to provide to PDRDA a copy of the insurance certificate within 10 days of
the signing of the contract with the prime contractor.
(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 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
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 telecopier 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.
(10) This MOU contains the entire agreement between the Agencies, and is intended
by the Agencies to completely state the agreement in full. Any agreement or
representation respecting the matters dealt with herein or the duties of either
Agency in relation thereto, not expressly set forth in this MOU, 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 MOU 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) PDRDA 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 party's 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:
ATTEST: PALM DESERT REDEVELOPMENT AGENCY
By: By:
Rachelle D. Klassen, Secretary Robert A. Spiegel, Chairman
APPROVED AS TO FORM:
By:
William L. Strausz, Agency Counsel
ATTEST: CITY OF INDIAN WELLS
By: By:
Linda Furbee, City Clerk Mary T. Roche, Mayor
APPROVED AS TO FORM
By:
Steven P Deitsch, City Attorney