HomeMy WebLinkAboutC27870 Bus Shelter MaintenanceREQUEST:
SUBMITTED BY:
DATE:
CONTENT:
Contract No. C27870 iigk
CITY OF PALM DESERT
Special Programs Department
Staff Report
APPROVAL OF THE SUNLINE TRANSIT AGENCY BUS
SHELTER MAINTENANCE AGREEMENT
Frankie Riddle, Director of Special Programs
July 10, 2008
1. BUS SHELTER MAINTENANCE AGREEMENT
RECOMMENDATION:
By Minute Motion,
1. Approve Bus Shelter Maintenance Agreement between the City and SunLine
Transit Agency
2. Appropriate FY 2007/08 funds in the amount of $45,930.42 from Acct. No. 110-
4132-411-3090.
DISCUSSION:
At its meeting of September 27, 2007, City Council approved the removal of all
advertisements located on bus shelters within the City limits, actively moving forward
with the City's Bus Shelter Improvement Program, and contracting with SunLine for bus
shelter maintenance service.
Since Council action, staff has been negotiating a new Bus Shelter Maintenance
Agreement between the City and SunLine Transit Agency. Per the new Agreement,
which specifically covers shelter maintenance and has removed all references to bus
shelter advertising, the City will now pay $137.93 per shelter per month for active bus
shelters and $68.96 for inactive bus shelters. As SunLine has been servicing both the
City's active and inactive bus shelters since the removal of advertising in October 2007,
staff is requesting appropriation for the following maintenance costs from October 1,
2007 to June 30, 2008:
34 active bus shelters x 9 months x $137.93 = $42,206.58
6 inactive bus shelters x 9 months x $68.96 = $ 3,723.84
Total: $45,930.42
City Council Staff Report
July 10, 2008
Funding for the Bus Shelter Maintenance Agreement was included as part of the Fiscal
Year 2008/2009 Budget proposal that was approved at the City Council meeting of June
24, 2008.
Staff requests that City Council approve the Bus Shelter Maintenance Agreement and
appropriate funds in the amount of $45,930.42.
Submitted By:
Franke Riddle
Director of Special Programs
Concur:
'170 L
Sheila R. Gilman
ACM of Community Servi
Approval:
Carlos L. Ortega(/
City Manager
Paul S.
Directo
CITY COUNCIL
iiPPROVED
aECE IVED
i4SEETIDATE
AYES: ea - c
NOES :... �..
ABSENT
ABSTAIN : Q �p t �
VERIFIED BY: �J)ICi
7riginal on File with City Clerk's OffirE
CTION:
DENIED
OTHER,
Contract No. C27870
CITY OF PALM DESERT AND
SUNLINE TRANSIT AGENCY
BUS SHELTER MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2008, between
SUNLINE TRANSIT AGENCY ("SunLine) and the CITY OF PALM DESERT, a municipal corporation
("City")and is made with reference to the following facts:
RECITALS
On or about November 8, 1990 SunLine and the City entered into an agreement concerning bus
shelter advertisement within the City, which related to the placement of shelters, the maintenance of
shelters and advertising requirements pertaining to bus shelters within the City.
The City desired to remove bus shelter advertising from shelters located within the City limits.
SunLine has increased costs associated with the maintenance of the shelters to be consistent with
increasing costs of maintenance.
The parties wish to modify the agreement to reflect the removal of bus shelter advertising and the
increased maintenance costs.
AGREEMENT
NOW,THEREFORE,the parties hereto agree as follows:
GENERAL TERMS:
1.0 Pursuant to the initial City Agreement there are presently 37 bus stops with bus
shelters and 15 stops without bus shelters. SunLine shall continue to provide bus shelter maintenance
services to all SunLine owned shelters and Ciry owned shelters and stops as provided under section ll of
this Agreement.
1.l SunLine shall provide maintenance of all City Shelters as outlined in section II on
Compensation, below. Maintenance shall be provided according to the Maintenance Guidelines (Exhibit
«A,>
)•
12 SunLine is aware of the City's Bus Shelter Improvement Program, which includes
the construction and installation of City owned bus shelters designed without advertisement panels and
intended to supplement and/or replace SunLine bus shelters. If SunLine wishes to relocate any of its bus
shelters and/or the City bus shelters,the agencies shall work together to implement the relocation process.
1.3 In the event that any of SunLine bus shelter is relocated, prior City approval shall
be obtained. SunLine shall use its best efforts to ensure illumination is provided to the bus shelter at its
new Iocation..SunLine may also elect to provide solar illumination regardless of the availability of an
electrical source with prior approval by the City. Illumination shall comply with the guidelines in Exhibit
A.
Contract No. C27870
Bus Shelter Maintenance Agreement
[I. COMPENSATION:
2.0 The City shall pay SunLine Transit Agency One Hundred Thirty-seven Dollars
and Ninety-three Cents ($137.93) per shelter, per month for maintenance services of all active bus stops
with shelters. SunLine will provide maintenance to inactive bus stops with bus shelters every other week
(or as needed)at a reduced cost of$68.96.
2.1 The City shall be invoiced quarterly for any maintenance charges by SunLine as
of July l, 2008. However, SunLine shall bill for the billing period of October l, 2007, through June 30,
2008, upon City Council approval of Agreement in the amount of $45,930.42. The breakdown for
maintenance charges for active and inactive bus shelters are provided below:
Maintenance of active bus shelters(34 shelters)x$137.93 x 9 months=$42,206.58
Maintenance of inactive bus shelters(6 shelters)x$68.96 x 9 months= $ 3,723.84
Total: $45,930.42
The City and SunLine shall revisit the issue of bus shelter maintenance each year.
The process shall commence in March of each year to coincide with the City's Fiscal Year Budget
process.
2.2 SunLine will inform the City when inactive bus stops with bus shelters are
activated for service and shall bill the City using the approved rate of One Hundred Thirty-seven Dollars
and Ninety-three cents($137.93).
SunLine will infor►n the City when new bus stops with bus shelters are activated
for services and shall bill the City using the approved rate of One Hundred Thirty-seven Dollars and
Ninety-three cents($137.93).
III. DURATION:
3.0 The term of this Agreement shall commence as of the date of its execution by the
City and SunLine and shall automatically be renewed unless written notice to terminate Agreement within
60 days is served by either party or the Agreement requires amendment relative to fees, services, or other
reasons. The Agreement shall have an expiration date of June 30`h of each year commencing June 30,
2009,with the approval of this Agreement.
IV. INSURANCE
4.0 SunLine shall cause the City to be named as an additional co-insured on SunLine
policies.
Contract No. C27870
Bus Shelter Maintenance Agreement
V. MISCELLANEOUS PROV[SIONS:
5.0 In the event a party to this Agreement incurs attorneys' fees in connection with a
legal action, administrative or other proceeding which becomes necessary on account of the breach or
default in performance by a party to this Agreement or on account of the necessity that this Agreement be
interpreted or construed or that there be a declaration of rights under it, the party prevailing in such
litigation shall be entitled to an award of his or its reasonable attorneys' fees.
5.1 1'his Agreement, together with Exhibit "A" contain the entire Agreement of the
parties relating to the rights granted and the obligations assumed herein. Any oral representations or
modifications concerning this instrument shall be of no force or effect unless contained in a subsequent
written modification signed by SunLine and the City.
5.2 SunLine shall indemnify, defend and hold City, its officers, agents and employees,
harmless from any and all claims, demands, loss or liability of any kind, nature or type, arising from
negligence, reckless or willful misconduct or failure to perform its obligations under this Agreement.
5.3 This Agreement may be executed in several counterparts and all counterparts so
executed shall constitute one Agreement, binding on the parties hereto notwithstanding that all of the
parties are not signatory to the original or the same counterpart.
5.4 Agreement is entered into at Riverside County, California.
5.5 Any notices under this Agreement shall be in writing and shall be served either
personally or delivered by U.S. mail, postage prepaid, registered or certified mail, return receipt
requested. Notices shall be deemed received at the earlier of actual receipt or three days following
deposit in U.S. mail, postage prepaid. Notices shall be directed to the following respective addresses:
SunLine Transit Agency
32-505 Harry Oliver Trail
Thousand Palms, CA 92276
Attn: General Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert,CA 92260
Attn: City Manager
Either party may change its address for notice purposes by giving written notice
to the other, provided that the address change will not be effective until ten (10) days after the mailing of
notice of the change.
5.6 Neither SunLine nor the City shall assign or otherwise transfer their rights and
obligations under this Agreement without prior written consent of the other. Any such assignment
without such consent shall be void.
Contract No. C27870
Bus Shelter Maintenance Agreement
5.7 The titles and headings of the various sections of this Agreement are intended
solely for convenience of reference and are not intended to explain, modify or alter the terms of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above
written.
SUNLINE TRANSIT AGENCY CITY OF PALM DESERT
C. Mikel Oglesby Jean M. Benson, Mayor
General Manager
Date Date
ATTEST:
Rachelle D. Klassen, City Clerk
City of Palm Desert
Approved as to Form: Approved as to Form:
Lisa A. Copeland, Attorney for David J. Erwin, City Attorney
SunLine Transit Agency For the City of Palm Desert
Contract No. C27870
Bus Shelter Maintenance Agreement
EXHIBIT"A"
The following are intended as guidelines to implementation of the Agreement between SunLine Transit
Agency and the City of Palm Desert concerning maintenance of bus shelters located in the City of Palm
DeseR.
SunLine guarantees to provide maintenance for bus shelters located within the City of Palm Desert
including but not limited to the removal of graffiti, trash collection, lighting repair or replacement, and
any other damage repair required to maintain the shelters in "like new"condition.
SunLine shall provide its bus riders with illuminated bus shelters in the evening. The City of Palm Desert
recognizes that SunLine will need to use more than 430 milliamps to provide illumination and will allow
SunLine to do so. SunLine may not use more than 35 amps at any bus shelter or an approved alternative
source of illumination.
SUNLINE MAINTENANCE SERVICES PROVIDED:
A. Maintenance of Active Bus Stops with Bus Shelters: Active bus stops/bus shelters are serviced
and maintained 6 times a week.
1. Activate warning lights and place safety cones behind vehicles
2. Check posted public schedules, bus stop signage, riders alerts and any other information
to notify public of changes to service
3. Clean and wash bench and seating area, in addition to surrounding areas around the bus
stops and in the bus shelter.
4. Remove and empty trash from waste containers, clean and wash waste container if
needed.
5. Dry bench or seating
6. Check for and remove any graffiti
7. Check and report any light needing repair or replacement
8. SunLine shall maintain lighting as stipulated by City requirements.
9. Wash any liquid spills on the ground and bus stop area, as well as rinse any soap residue.
10. Spray insecticide and weed killer if needed after washing is completed.
11. Retrieve safety cones and deactivate hazard lights
12. Maintenance and service of bus stop amenities (i.e., vending machines) or work with
third party vendor to maintain and/or service.
13. SunLine to maintain and repair bus shelter misting system or work with third party
vendor to perform needed repairs at SunLine expense.
Contract No. C27870
Bus Shelter Maintenance Agreement
B. Maintenance of Inactive Bus Stops: Inactive bus stops with bus shelters will be serviced and
maintained every other week or as needed.
1. Activate warning lights and place safety cones behind vehicles
2. Check posted public schedules, bus stop signage, riders alerts and any other information
to notify public of changes to service
3. Clean and wash bench and seating area, in addition to surrounding areas around the bus
stops and in the bus shelter.
4. Remove and empty trash from waste containers, clean and wash waste container if
needed.
5. Dry bench or seating
6. Check for and remove any graffiti
7. Check and report any light needing repair or replacement
8. SunLIne shall maintain lighting as stipulated by City requirements.
9. Wash any liquid spills on the ground and bus stop area, as well as rinse any soap residue.
10. Spray insecticide and weed killer if needed after washing is completed.
11. Retrieve safery cones and deactivate hazard lights