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HomeMy WebLinkAboutAgenda Item No. 15 CITY OF ,;■ LASE LSINOR �i DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: DECEMBER 13, 2011 SUBJECT: MISSION TRAIL TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITH CITY OF WILDOMAR Background As part of the development conditions for the Summerly project, the developer is required to improve and /or install certain traffic signals along Mission Trail. The signals lie within the jurisdictions of both the City of Lake Elsinore and the City of Wildomar. Discussion Following the dedication of these traffic signal improvements, the City of Lake Elsinore and the City of Wildomar will have the responsibility of maintaining the signals. In order to efficiently administer this maintenance, the City of Lake Elsinore will take the lead of administering the signal maintenance and the City of Wildomar will reimburse the City of Lake Elsinore for Wildomar's pro rata share of the costs. A Traffic Signal Maintenance Agreement between the City of Lake Elsinore and the City of Wildomar has been prepared and is presented for the City Council's consideration. As shown in Section 2 of the agreement, the share of financial responsibility is apportioned based on the type of intersection and the configuration of the streets and signals as they relate to the jurisdictional boundaries. Fiscal Impact Signal maintenance is already provided for in the City's existing budget. No additional budget allocation is requested. AGENDA ITEM NO. 15 Page 1 of 8 Traffic Signal Maintenance Agreement December 13, 2011 Page 2 Recommendations 1. That the City Council approve the Traffic Signal Maintenance Agreement and authorize the City Manager to execute the agreement, subject to any minor modifications as may be approved by the City Attorney. Prepared by: Ken A. Seumalo (!mss Director of Public Works Approved by: Robert A. Brady City Manager rl Attachments: Traffic Signal Maintenance Agreement Page 2 of 8 TRAFFIC SIGNAL MAINTENANCE AGREEMENT This Traffic Signal Maintenance Agreement (the "Agreement ") is made and entered into this day of , 2011 by and between the CITY OF LAKE ELSINORE, a municipal corporation, (hereinafter referred to as "Lake Elsinore ") and the CITY OF WILDOMAR, a municipal corporation, (hereinafter referred to as "Wildomar ") RECITALS: WHEREAS, McMillin Summerly LLC ( "Developer ") is the owner of real property lying within the City of Lake Elsinore East Lake Specific Plan, as amended; WHEREAS, as a condition of approval for development within the East Lake Specific Plan, the Developer is obligated to improve certain roads and traffic signals along a portion of Mission Trail commonly referenced as the (i) Off - Site Improvement Plans for Summerly - Mission Trail @ Elberta /Hidden Trail (ii) Mission Trail @ Olive /Lemon and (iii) the Off -Site Improvement Plans for Summerly Mission Trail at Corydon Road, collectively, the "Mission Trail Traffic Signal Improvements "; WHEREAS, a portion of Mission Trail constitutes a shared municipal boundary of Wildomar (which lies the East) and Lake Elsinore (which lies to the West). As a result, a portion of the Mission Trail Traffic Signal Improvements lie within the municipal boundaries of Wildomar and the remainder of the Mission Trail Traffic Signal Improvements lie within the municipal boundaries of Lake Elsinore; WHEREAS, Wildomar has conditioned issuance of an encroachment permit to the Developer for construction of the Mission Trail Traffic Signal Improvements upon Wildomar and Lake Elsinore entering into an agreement regarding maintenance of the Mission Trail Traffic Signal Improvements. WHEREAS, it is the parties intent to enter into this Traffic Signal Maintenance Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE FORGOING RECITALS, WHICH ARE INCORPORATED HEREIN BY REFERENCE, LAKE ELSINORE AND WILDOMAR AGREE AS FOLLOWS: 1. Lake Elsinore shall maintain (or caused to be maintained by way of Lake Elsinore's existing maintenance service contract with the County of Riverside) the Mission Trail Traffic Signal Improvements in accordance with County of Riverside Street Maintenance Standards. Maintenance shall include traffic signal maintenance subject to reasonable inspection by Wildomar. 1 Page3of8 2. Wildomar shall pay Lake Elsinore a percentage of the maintenance cost for the Mission Trail Traffic Signal Improvements in accordance with the schedule below: Location Maintenance Percentage Mission Trail and Elberta /Hidden Trail 50% City of Lake Elsinore 50% City of Wildomar Mission Trail and Olive Street 50% City of Lake Elsinore 50% City of Wildomar Mission Trail and Lemon Street 33% City of Lake Elsinore 67% City of Wildomar Mission Trail and Corydon Road 33% City of Lake Elsinore 67% City of Wildomar Mission Trail and Malaga Road 75% City of Lake Elsinore 25% City of Wildomar 3. Lake Elsinore shall refer all applicants wishing to obtain permits to work, enter, close, or in any way modify the roadway, to obtain the appropriate Wildomar permit(s) prior to any commencement of work, entry upon, or closure within Wildomar. 4. Wildomar shall refer all applicants wishing to obtain permits to work, enter, close, or in any way modify the roadway, to obtain the appropriate Lake Elsinore permit(s) prior to any commencement of work, entry upon, or closure within Lake Elsinore. 5. Except for the negligence or willful misconduct of Wildomar, Lake Elsinore shall defend, indemnify, and hold harmless Wildomar, its officers, employees, and agents from and against any and all liability, loss, expense (including reasonable attorneys fees), or claims for injury or damages arising out of the maintenance of the Mission Trail Traffic Signal Improvements or for any development, design, inspection, construction, or structural defects in connection with the Mission Trail Traffic Signal Improvements. 2 Page 4 of 8 6. Except for the negligence or willful misconduct of Lake Elsinore, Wildomar shall defend, indemnify, and hold harmless Lake Elsinore, its officers, employees, and agents from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the maintenance of the Mission Trail Traffic Signal Improvements or for any development, design, inspection, construction, or structural defects in connection with the Mission Trail Traffic Signal Improvements. 7. By executing this Agreement, Lake Elsinore certifies that Lake Elsinore is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation or to undertake self- insurance before commencing any of the work required as part of this Agreement. Lake Elsinore shall carry the insurance or provide for self- insurance required by California law to protect Wildomar from claims under the Workers Compensation Act. 8. Lake Elsinore shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the maintenance of the Mission Trail Traffic Signal Improvements, including all Cal /OSHA requirements, and shall give all notices required by law. Lake Elsinore shall be liable for all violations of such laws and regulations in connection with the maintenance of the Mission Trail Traffic Signal Improvements. If Lake Elsinore performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to Wildomar, Lake Elsinore shall be solely responsible for all costs arising there from. Lake Elsinore shall defend, indemnify and hold Wildomar, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 9. Lake Elsinore is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "Public Works" and "Maintenance" projects. If the work being performed as part of an applicable "Public Works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Lake Elsinore agrees to fully comply with such Prevailing Wage Laws. Lake Elsinore shall defend, indemnify and hold Wildomar, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 10. Lake Elsinore hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 3 Page 5 of 8 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Lake Elsinore so employ such unauthorized aliens for the performance of the repair and maintenance work covered by this Agreement, and should any liability or sanctions be imposed against Wildomar for such use of unauthorized aliens, Lake Elsinore hereby agrees to and shall reimburse Wildomar for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by Wildomar. 11. This Agreement may be amended, supplemented, or terminated only by written documents signed by both parties. 12.Any correspondence regarding this Agreement shall be addressed as follows: 13. City Manager City Manager CITY OF LAKE ELSINORE CITY OF WILDOMAR 130 S. Main Street 23873 Clinton Keith Road, Suite 201 Lake Elsinore, CA 92530 Wildomar, CA 92595 14.Any action at law or in equity, brought by either of the parties to this Agreement, for the purpose of enforcing a right or rights provided for by this Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 15. If either party commences an action to enforce any right provided for or arising out of this Agreement, the prevailing party shall be entitled to have or recover from the other party reasonable attorneys' fees and costs of the suit. 16. During performance of this Agreement, the parties each agree not to discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS), or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, the parties agree to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 17. Each provision, term, condition, covenant, and /or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant, and /or restriction, in whole and /or in 4 Page 6 of 8 part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant, and /or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect. 18. The individuals executing this Agreement each represent and warrant that they have the legal power, right, and actual authority to bind Lake Elsinore and Wildomar to the terms and conditions set forth in this Agreement. 19. This Agreement constitutes the final, complete, and exclusive statement of the terms of the Agreement between the Parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement, nor is either party relying upon, any representation or warranty outside those expressly set forth in this Agreement. 5 Page 7 of 8 IN WITNESS WHEREOF, Lake Elsinore and Wildomar have caused this Agreement to be duly executed on the day and year first above written. CITY OF LAKE ELSINORE, a municipal corporation By: City Manager Attest: City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF WILDOMAR, a municipal corporation By: City Manager Attest: City Clerk APPROVED AS TO FORM: By: City Attorney 6 Page 8 of 8