HomeMy WebLinkAboutC26741 Extension Traffic Sgnl Supprt Svcs CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Approve Extension of Contract No. C26740 and Award
C26741 to Republic ITS for On-Call Citywide Traffic Signal
Support Services
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Republic ITS
1266 N. La Loma Circle
Anaheim, CA 92806
DATE: July 10, 2007
CONTENTS: Contract Renewal Letter from Republic ITS
Agreement
Recommendation:
By Minute Motion, approve the extension of Contract No. C26740
by awarding C26741 to Republic ITS of Anaheim, California for on-
call traffic signal support services for fiscal year 2008-09, in an
amount not to exceed $100,000.00, and authorize the City Manager
to execute the same.
Discussion:
The use of outside consultants to supplement City staff in completing routine
and/or specialized tasks is necessary for the smooth and efficient functioning of
the City's traffic signal systems. On July 12, 2007 City Council awarded Contract
No. 26740 to Republic ITS for on-call citywide traffic signal support services, in
an amount not to exceed $100,000.00 and for the term of July 12, 2007 to June
30, 2008.
By way of that same staff report, City Council authorized the City Manager to
extend the agreement for up to one year. The Public Works Department has
contacted Republic ITS regarding an extension; both parties are in agreement to
extend the contract, granting a 3.9% increase in monthly maintenance fee, labor
rates and equipment rates per the annual CPI adjustment.
Approve Extension Contract No. 26740 Republic ITS
Page 2 of 2
July 10, 2008
Funds are available for this contract in account number 110-4250-433-3325.
Therefore, staff recommends that City Council approve the extension of Contract
No. C26740 by awarding Contract No. C26741 to Republic ITS for fiscal year
2008-09, in an amount not to exceed $100,000.00, and authorize the City
Manager to execute the same.
Fiscal Impact: There is no financial impact beyond the funds allocated for
this maintenance support activity.
Prepared By: Department Head:
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ark Diercks, P.E. Mark Gree wood, P.E.
Transportation Engineer Director of Public Works
Approval:
Ho r Croy Paul S. Gibson
ACM for Devel ent Services Finance Director
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Republic
ITS
Intelligent
Transportation
Services
June 23,2008
City of Palm Desert
Attri:Mark S.Diercks,P.E.
73-510 Fred Waring Drive
Palm Desert,Ca. 92260-2578
Re: Contract Renewal 08-09
Dear Mr. Diercks,
At tlus time Republic ITS is requesting a one-year extension to the current contract a�reement. We
agree to the terms and condidons of the existing agreement with the exceptions of the price increases
as indicated on the attached spread sheet with the annual CPI increase of 3.9%.
lf accepted the new contract extension will begin July 1, 2008 and expire June 30, 2009. Our
insurance certificates are already on file with the City. We hope you find these terms fair and
agreeable. We are looking forward to providing your City with another yeaz of service.
If we can be of any fiuther assistance,please feel free to call.
Sincerel
Jill Petrie
Project Manager
RepublicElectric
2240 Business Way
Riverside, Ca. 92501
(951)784-6600 Office
(951)784-6700 fax
(951) 784-6600 • (95]) 784-6700 Eax • 2240 BusthLss WnY • RIV�RSIDE, Cn. 92�0]
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Contract No. C26741
AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on this 10cn
day of Julyl 2008, by and between THE CITY OF PALM DESERT, a municipal
corporation, hereinafter referred to as "CITY", and Republic Intelligent
Transportation Services (Republic ITS), referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS, on July 10, 2008, the CITY approved Contract No. C26741 for traffic
signal maintenance services for City
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal,
which was accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
(1) TERM. The term of this Agreement shall be from July 1, 2008 through
June 30, 2009 or to such later date as may be agreed in writing between
parties.
(2) CITY'S OBLIGATIONS. For furnishing services, as specified in this
Agreement, CITY will pay and CONTRACTOR shall receive an amount
not to exceed the total sum of one hundred thousand dollars
($100,000.00) as set forth in the Contract Documents and adopted by the
CITY. Method of payment shall be as agreed upon per the submitted
proposal as incorporated by this reference.
(3) CONTRACTOR'S OBLIGATION For, and in consideration of the
payments and agreements hereinbefore mentioned to be made and
performed by CITY, CONTRACTOR agrees with CITY to furnish the
services and to do everything required by this Agreement and the Specific
Terms and Conditions.
(4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to
defend, indemnify, and hold harmless The City of Palm Desert, its officials,
officers, employees, representatives, and agents from and against all
claims lawsuits, liabilities or damages of whatsoever nature arising out of
our connection with, or relating in any manner to, any act or omission of
CONTRACTOR, his agents, employees, and subcontractors and
employees thereof in connection with, the performance or non-
performance of this Agreement. The CONTRACTOR shall thoroughly
investigate any and all claims and indemnify the CITY and do whatever is
necessary to protect the City of Palm Desert, its official, officers,
Page 1 of 6
Contract No. C26741
employees, agents, and representatives as to any such claims, lawsuits,
liabilities or damages.
(5) AMENDMENTS. Any amendment, modification, or variation from the
terms of this Agreement shall be in writing, signed by the CONTRACTOR
and approved by the City Council of the CITY.
(6) TERMINATION. If, during the term of this Agreement, CITY determines
that CONTRACTOR is not faithfully abiding by any term or condition
contained herein, CITY may notify CONTRACTOR in writing of such
defect or failure to perform; which notice must give CONTRACTOR a
three-day notice of time thereafter in which to perform said work or cure
the deficiency. If CONTRACTOR fails to perform said work or cure the
deficiency within the three (3) days specified in the notice, such shall
constitute a breach of this Agreement and CITY may terminate this
Agreement immediately by written notice to CONTRACTOR to said effect.
Thereafter, except as otherwise set forth herein, neither party shall have
any further duties, obligations, responsibilities, or rights under this
Agreement except, however, any and all obligation of CONTRACTOR'S
surety shall remain in full force and effect, and shall not be extinguished,
reduced, or in any manner waived by the termination hereof. In said event,
CONTRACTOR shall be entitled to the reasonable value of its services
performed from the beginning of the period in which the breach occurs up
to the day it received CITY'S Notice of Termination, minus any offset from
such payment representing the CITY'S damages from such breach. CITY
reserves the right to delay any such payment until completion of confirmed
abandonment of the project, as may be determined in the CITY'S sole
discretion, so as to permit a full and complete accounting of costs. In no
event, however, shall CONTRACTOR be entitled to receive in excess of
the compensation quoted in its bid.
The City Council may terminate the contract with 30 days written notice for
any reason.
(7) INCORPORATED BY REFERENCE. The Request for Proposal, dated
May 22, 2007 and the Response to Request for Proposals, Traffic Signal
Maintenance Support, dated June 20, 2007, prepared by James A.
Wagner, P.E., on behalf of Republic ITS, is attached as Appendix A and is
hereby incorporated in and made a part of this Agreement. The Letter
"Contract Renewal 2008-09" dated June 23, 2008 prepared by Republic
ITS is hereby incorporated in and made a part of this Agreement.
(8) COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by this reference, shall constitute the
complete agreement between the parties hereto. No oral agreement,
understanding, or representation not reduced to writing and specifically
Page 2 of 6
Contract No. C26741
incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding, or representation be binding upon the parties
hereto.
(9) ANTI-DISCRIMINATION. In the performance of the terms of this
Agreement, CONTRACTOR agrees that it will not engage in, nor permit
such subcontractors as it may employ, to engage in discrimination in
employment of any person because of the age, race, color, sex, national
origin or ancestry, or religion of such persons. Violation of this provision
may result in the imposition of penalties referred to in Labor Code Section
1735.
(10) AUDIT. CITY shall have the option of inspecting and/or auditing all
records and other written material used by CONTRACTOR in preparing its
statements to CITY as a condition precedent to any payment to
CONTRACTOR.
(11) NOTICE. All written notices to the parties hereto shall be sent by United
States mail, postage prepaid by registered or certified mail, return receipt
requested, addressed as follows:
Office of the City Clerk
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
(12) LITIGATION COSTS. In the event an action is filed by either party to
enforce any rights or obligations under this Agreement, the prevailing
party shall be entitled to recover reasonable attorney's fees and court
costs, in addition to any other relief granted by the court.
(13) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and
CONTRACTOR do warrant that each individual executing this Agreement
on behalf of each party is a person duly authorized.
(14) INSURANCE
14.1 Time for Compliance. Contractor shall not commence Work under
this Contract until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Contractor shall
not allow any subcontractor to commence work on any subcontract until it has
provided evidence satisfactory to the City that the subcontractor has secured all
insurance required under this section.
Page 3 of 6
Contract No. C26741
14.2 Minimum Insurance Requirements. Contractor shall, at its
expense, procure and maintain for the duration of the Contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Work hereunder by the Contractor, its
agents, representatives, employees or subcontractors. Contractor shall also
require all of its subcontractors to procure and maintain the same insurance for
the duration of the Contract. Such insurance shall meet at least the following
minimum levels of coverage.
14.2.1 Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) Genera/ Liability: Insurance
Services Office Commercial General Liability coverage (occurrence form CG
0001); (2) Automobile Liability: Insurance Services Office Business Auto
Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation
and Employers' Liability: Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance;
14.2.2 Minimum Limits of Insurance: Contractor shall maintain limits no
less than: (1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. The general aggregate limit shall apply
separately to this Contract/location and shall be $2,000,000; (2) Automobile
Liability: $1,000,000 per accident for bodily injury and property damage; (3)
Workers' Compensation and Employer's Liability: Workers' compensation limits
as required by the Labor Code of the State of California. Employers Liability
limits of$1,000,000 per accident for bodily injury or disease;
14.3 Insurance Endorsements: The insurance policies shall contain
the following provisions, or Contractor shall provide endorsements on forms
supplied or approved by the City to add the following provisions to the insurance
policies:
14.3.1 General Liability: (1) The City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with
respect to the Work or operations performed by or on behalf of the Contractor,
including materials, parts or equipment furnished in connection with such work:
and (2) the insurance coverage shall be primary and non-contributing insurance
as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of
the Contractor's scheduled underlying coverage. Any insurance or self-
insurance maintained by the City its directors, officials, officers, employees,
agents and volunteers shall be excess of the Contractor's insurance and shall not
be called upon to contribute with it.
Page 4 of 6
Contract No. C26741
14.3.2 Automobile Liability: (1) The City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with
respect to the ownership, operation, maintenance, use, loading or unloading of
any auto owned, leased, hired or borrowed by the Contractor or for which the
Contactor is responsible; and (2) the insurance coverage shall be primary
insurance as respects the City, its directors, officials, officers, employees, agents
and volunteers, or if excess, shall stand in an unbroken chain of coverage excess
of the Contractor's scheduled underlying coverage. Any insurance or self-
insurance maintained by the City, its directors, officials, officers, employees,
agents and volunteers shall be excess of the Contractor's insurance and shall not
be called upon to contribute with it in any way.
14.3.3 Workers' Compensation and Employer's Liability Coverage:
The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, employees, agents and volunteers for losses paid
under the terms of the insurance policy which arise from work performed by the
Contractor.
14.4 Separation of Insureds: No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope
of protection afforded to the City, its directors, officials, officers, employees,
agents and volunteers.
14.5 Subcontractors. All subcontractors shall meet the requirements of
this Section before commencing Work. In addition, Contractor shall include all
subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontracts shall
be subject to all of the requirements stated herein.
This section intentionally left blank; signature page to follow.
Page 5 of 6
Contract No. C26741
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first hereinabove written.
CITY OF PALM DESERT <CONTRACTOR>
A Municipal Corporation
JEAN M. BENSON, MAYOR CONTRACTOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST: APPROVED AS TO CONTENT:
RACHELLE D. KLASSEN, CITY CLERK MARK GREENWOOD, P .E.
CITY OF PALM DESERT, CALIFORNIA DIRECTOR OF PUBLIC WORKS
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
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