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Home My WebLink AboutC28080 Maintenance of Shared Traffic Signals w-Rancho MirageAPPROVED 4/- DENIED RECEIVED OTHER MEETING DATE AYES: NOES: -y{` 4,c, ABSENT: `-nem. ABSTAIN:-7101-e- VERIFIED BY: O* ginal on File i hCity CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Contract No. C28080 REQUEST: Authorize the Mayor to Execute the Agreement with the City of Rancho Mirage for the Maintenance of Traffic Signals on Monterey Avenue and Dinah Shore Drive SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: August 28, 2008 CONTENTS: Agreement Exhibit A (Traffic Signal Locations and Ownership) Exhibit B (Traffic Signal Maintenance Labor Billing Rates) Recommendation: By Minute Motion, authorize the Mayor to execute the agreement with the City of Rancho Mirage for the maintenance of shared traffic signals on Monterey Avenue and Dinah Shore Drive. Discussion: 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. There are 13 traffic signals that are shared by both Cities. The City of Palm Desert maintains nine of the signals and the City of Rancho Mirage maintains four. An agreement currently exists (approved by Council March 22, 2001) whereby the City of Palm Desert is reimbursed by the City of Rancho Mirage for the maintenance of seven traffic signals on Monterey Avenue and Dinah Shore Drive. Since that time, six more traffic signals have been installed. Rancho Mirage has been maintaining four of the new traffic signals and Palm Desert has been maintaining the other two new signals. However, there is no formal agreement for the reimbursement of expenditures related to the six new traffic signals. Therefore, a new agreement has been drafted that addresses these issues. The new agreement outlines the minimum maintenance requirements, establishes the operating procedures, identifies the agency responsible for signal maintenance at each intersection, and delineates the ownership percentage for each intersection. This agreement will supersede the prior agreement (C18600) related to traffic signal maintenance. The agreement has been reviewed and approved by the City Attorney. Agreement with Rancho Mirage — Traffic Signal Maintenance Page 2 of 2 August 28, 2008 Fiscal Impact: It is estimated that Palm Desert will reimburse to Rancho Mirage $2,200.00 on an annual basis for the traffic signals they maintain on our behalf. Rancho Mirage will reimburse to Palm Desert approximately $5,000.00 on an annual basis for the traffic signals we maintain on their behalf. Funds are available for the expenditures in the traffic signal maintenance accounts. Therefore, staff recommends that City Council authorize the Mayor to execute the subject agreement. Prep 1 Rya ► ` ayler / Pro -ctAdmiri trator Appro Horner Croy ACM for Dev o{�ment Services L. Ortega anager Departme Mark Greenwood, P.E. Director of Public Works Paul Gibson Director of Finance G:\PubWorks\Staff Reports\2008\August 28\01 Auth agreement with Rancho Mirage for signals on Monterey and Dinah\Auth Mayor to execute agmt - RM signal maintenance.doc Contract No. C28080 AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY LIGHTING ON MONTEREY AVENUE AND DINAH SHORE DRIVE THIS AGREEMENT is entered into as of this day of , 2008, by and between the City of Palm Desert, a California municipal corporation ("Palm Desert'), and the City of Rancho Mirage, a California municipal corporation ("Rancho Mirage"). RECITALS This agreement is made with reference to the following facts: A. Rancho Mirage and Palm Desert jointly own certain traffic signal and highway safety lighting insta�lations located partly within the boundaries of each City, as shown by Exhibit "A", attached hereto and incorporated herein by this reference (the "Installations"), which Installations are owned in the proportions shown by Exhibit "A". B. Palm Desert and Rancho Mirage desire to arrange for the maintenance of the Installations and sharing the cost therefor. This agreement shall supersede all prior agreements regarding traffic signal maintenance. C. Palm Desert desires to maintain certain of the Installations, and Rancho Mirage desires to maintain certain of the Installations, each for the benefit of both cities, in accordance with and according to the proportions shown in Exhibit "A". AGREEMENT NOW, THEREFORE, in considerations of the facts set forth above and the mutual covenants, promises, and agreements set forth herein, the Parties hereto to do hereby mutually agree as follows: 1. Maintenance. 1.1 Scope of Services. Palm Desert and Rancho Mirage each shall provide routine maintenance work and emergency call-out service on traffic signals, highway safety lighting, flashing beacons, and other electrically operated traffic control or warning devices associated with the Installations. The City responsible for maintaining the Installation at a specific location ("Maintaining City") shall take full responsibility for the regular maintenance of the Installation. The other party hereto ("Reimbursing City") shall reimburse to the Maintaining City according to Section 2 below. Routine maintenance services hereunder shall include the following work: inspect the signal system and clean the control cabinet, at minimum, every three (3) months; re-lamp and clean signal Contrac� No. C28080 heads and internally illuminated street name signs as required; re-lamp and clean luminaries as required. Emergency call-out services shall include all repair and maintenance of the subject traffic control and warning devices or reasonable temporary measures necessary to preserve the public safety in the event of an Installation failure. Palm Desert and Rancho Mirage shall also each arrange for delivery of electrical power to the applicable Installations. 1.2 Extra Work. If Palm Desert or Rancho Mirage is required to perform work beyond the scope of services described in Section 1.1 above ("Extra Work"), the City maintaining the Installation shall notify the reimbursing City before performing such Extra Work. If the reimbursing City authorizes the maintaining City, in writing, to perform the Extra Work, the reimbursing City shall provide extra compensation to the maintaining City upon a fair and equitable basis. The Maintaining City's charge for performing such Extra Work shall be billed in accordance with its standard billing rates. The initial standard billing rates are shown in Exhibit "B", attached hereto and incorporated herein by this reference, and future rates shall be reviewed annually and revised as the parties may agree upon such review. 1.3 Custom Materials. If the Reimbursing City desires to utilize materials which are customized by color or logo ("Custom Materials"), such materials shall be provided by the Reimbursing City to the Maintaining City for installation. If the Custom Materials are not provided to the Maintaining City, Caltrans standard materials shall be used. If the Maintaining City desires to use Custom Materials, such materials shall not be deemed as reimbursable. 2 Compensation. 2.1 Current Confiquration. The total cost of the work and services to be provided by the Maintaining City under this agreement (the "Cost of Services"), not including Extra Work, shall be allocated between Rancho Mirage and Palm Desert in proportion to the ownership of the Installations. The Reimbursing City shall pay to the Maintaining City that percentage of the Cost of Services represented by the percentage ownership of the Installations shown by Exhibit "A". The Maintaining City shall be responsible for that percentage of the Cost of Services represented by its percentage ownership of the Installations shown by Exhibit "A". The Maintaining City shall charge for the Cost of Services in accordance with its standard billing rates. The initial standard billing rates are shown in Exhibit "B" and future billing rates shall be reviewed annually and revised as the parties may agree upon such review. - 2 - Contract No. C28080 2.2 Ultimate Configuration. As streets are added and new signals installed on Monterey Avenue or Dinah Shore Drive, this agreement may be updated by submitting a revised Exhibit "A". The governing bodies of both Cities must approve the revised exhibit prior to the revision taking effect. 3. Pavment. Billing by the Maintaining City shall be made no more frequently than semi-annually and shall include an itemized accounting of all costs and services rendered during the period. The Reimbursing City shall pay the billed amount within thirty (30) calendar days after receipt of billing from the Maintaining City. In the event of a dispute, the Reimbursing City shall submit any such dispute in writing to the Maintaining City. The parties shall endeavor to resolve any such dispute and pay the balance due, if any, within a reasonable period of time. 4. Records. Records for the work provided under this Agreement shall be kept by the Maintaining City and shall include the cost of all services performed. Such records shall be maintained for at least two (2) years and, upon reasonable notice, shall be made available for inspection by the Reimbursing City. 5. Term and Termination. This Agreement shall commence on July 1, 2008 and shall remain in force until terminated in accordance with this section. This Agreement may be terminated by any party hereto upon thirty (30) days' written notice to the other parties of such termination. Any payment obligations outstanding and the indemnity provisions hereinbelow shall survive any such termination. 6. Indemnity. Rancho Mirage shall indemnify, defend, save and hold harmless Palm Desert, its officers, agents, servants and employees of and from any and all liability, claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, personal injury or damage to property, the expenses of the defense of said parties and the payment of the attorneys' fees in any such claim or action arising out of or in any manner connected with activities of Rancho Mirage or employees of Rancho Mirage under this Agreement. Palm Desert shall indemnify, defend, save and hold harmless Rancho Mirage, its officers, agents, servants and employees of and from any and all liability, claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, personal injury or damage to property, the expenses of the defense of said parties and the payment of the attorneys' fees in any such claim or action arising out of or in any manner connected with activities of Palm Desert or employees of Palm Desert under this Agreement. - 3 - Contract No. C28080 7. Insurance. Rancho Mirage shall procure and maintain for the duration of this Agreement liability insurance against claims for injuries to persons or damages to property in an amount not less than One Million Dollars ($1,000,000.00) which may arise from or in connection with the activities of Rancho Mirage or employees of Rancho Mirage under this Agreement by including Palm Desert as a "Protected Party" within the insurance program maintained by Rancho Mirage with the PERMA. Palm Desert shall procure and maintain for the duration of this Agreement liability insurance against claims for injuries to persons or damages to property in an amount not less than One Million Dollars ($1,000,000.00) which may arise from or in connection with the activities of Palm Desert or employees of Palm Desert under this Agreement by including Rancho Mirage as a "Protected Party" within the insurance program maintained by Palm Desert with the CJPIA. 8. Notice. 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. - 4 - Contract No. C28080 9. General Provisions. 9.1 Entire Aqreement. This Agreement constitutes the entire agreement between the parties hereto, and contains all of the agreements between the parties with respect to the subject matter hereof. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof. 9.2 Amendment and Waiver. This Agreement may be amended or revoked at any time by a written agreement executed by Palm Desert and Rancho Mirage. No change or modification of this Agreement shall be valid unless the same be in writing and signed by all the parties. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the party granting such waiver, and in no event shall any such waiver be deemed to be a waiver of any other term, covenant or condition of this Agreement. 9.3 Invalid Provision. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 9.4 Headinqs. The headings of the articles, sections, subsections or paragraphs of this Agreement are inserted solely for convenience of reference, and shall not be deemed to govern, limit or aid in the construction or interpretation of any term of this Agreement. 9.5 Independent Counsel. Each party has had the opportunity to consult with its own attorney with respect to this Agreement, and in the event that any language contained herein is construed to be vague or ambiguous, this Agreement shall not be strictly construed against any party. 9.6 Bindinq Effect. This Agreement shall be binding upon and inure to the benefit of Palm Desert and Rancho Mirage. 9.7 Other pocuments. The parties hereto agree that each shall, concurrently herewith, or at any time hereafter, on the demand of the other, execute any other documents or instruments or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this Agreement. 9.8 Counterparts. This Agreement may be executed in any one or more counterparts, and all so executed shall constitute one and the same instrument. Any signature page on any counterpart hereof may be detached from and added to any other counterpart identical in form hereto. - 5 - Contract No. C28080 9.9 AttorneYs' Fees. In the event that any party to this Agreement shall bring an action to enforce the provisions of this Agreement or as a result of any default in the performance of any of the provisions of this Agreement, the prevailing party in such action shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, incurred by such party in connection with such action. 9.10 Governinq Law. This Agreement shall be construed and governed by the laws of the State of California. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] - 6 - Contract No. C7_8080 IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the date first written above. CITY OF PALM DESERT CITY OF RANCHO MIRAGE By: BY� JEAN M. BENSON RON MEEPOS Mayor Mayor ATTEST: : ATTEST: By: By: RACHELLE D. KLASSEN ELENA KEERAN City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: BY: DAVID J. ERWIN STEVEN B. QUINTANILLA City Attorney City Attorney APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: By: By: MARK GREENWOOD, P.E. BRUCE B. HARRY, JR. 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L L L L v, V J v, � N � � N � N � N N L L L C C C C C C C C C C f6 (� (a O O O O O O O O O O � C � � � � � � � � � � � � � � � � � � ++ � Z � L L L � L � L � L L L � } � N N N � � � N � � N � � Z (� � � � 0 L � � 0 � 0 0 � L a � � � � � � � � � � � � � � N (6 (0 N N (p (0 (p N (0 N fB N � a a � � a � a � � � a � EXHIBIT "B" Traffic Signal Maintenance Labor Billing Rates Re ular Rate Overtime Rate $134.00 er hour $161.00 per hour Traffic Signal Maintenance Equipment Billing Rates Bucket Truck Hourly Rate: $27.00 Service Truck Hourly Rate: $15.00 Rates to be reviewed annually and revised as the parties agree