Riverside Co/Indian Wells/Washington & Miles Traffic Sig 05Contract No. 0-5"40'(D A .D/L
Riverside Co. Transportation
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AGREEMENT FOR
MAINTENANCE OF TRAFFIC SIGNALS
AND SAFETY LIGHTING
This AGREEMENT is entered into by and among the County of Riverside, referred
to herein as COUNTY, the City of Indian Wells, referred to herein as INDIAN WELLS,
and the City of La Quinta, referred to herein as LA QUINTA, said cities being collectively
referred to herein as CITIES:
This AGREEMENT is for maintenance work provided by the COUNTY
Transportation Department on traffic signal and highway safety lighting installations
jointly owned by the CITIES at the location(s) shown on the attached Appendix.
IT IS AGREED:
1. COUNTY, through its Transportation and Land Management Agency,
Transportation Department, will 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 at the location(s)
described in the attached Appendix . In providing said maintenance, COUNTY
shall do the following: Inspect the signal system and clean the control cabinet
every six (6) weeks; re -lamp and clean incandescent lamped signal heads every
three (3) years and re -lamp light emitting diode (LED) signal heads as needed; re -
lamp and clean luminaires every five (5) years.
2. CITIES shall pay COUNTY that percentage for each location of the total costs of
routine maintenance, and emergency service, including all COUNTY costs for
wages, benefits, transportation, materials, and administrative accounting, as
stipulated in the attached Appendix, as the percentage of CITIES' location
ownership.
3. Records for the work provided under this Agreement shall be kept by COUNTY
and shall include the cost of all services performed. Billings shall be made
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quarterly and shall include an annual itemized accounting of all costs and
services.
4. CITIES shall submit in writing any dispute concerning any COUNTY billing within
thirty (30) working days after receipt of such billing. Otherwise, CITIES shall pay
for services within thirty (30) days after receipt of billing from COUNTY.
5. This Agreement shall become effective the date this Agreement is approved by
resolution by COUNTY Board of Supervisors; provided that CITIES have first
executed this Agreement. COUNTY will provide CITIES notice of the official
Board action. This Agreement shall remain in force until terminated by any of the
parties upon thirty (30) days written notice to the other parties.
6. If COUNTY is of the opinion that any work COUNTY has been directed to perform
is beyond the scope of this Agreement and constitutes Extra Work, COUNTY
shall promptly notify CITIES of that opinion. COUNTY shall be the sole judge as
to whether or not such work is in fact beyond the scope of this Agreement and
constitutes Extra Work. However, for purposes of COUNTY proceeding to perform
same, this is not intended to deny CITIES their civil legal remedies in the event of
a dispute. In the event that CITIES agree that such work does indeed constitute
Extra Work and authorizes COUNTY to perform the Extra Work, CITIES shall
provide extra compensation to COUNTY upon a fair and equitable basis in
accordance with COUNTY's standard rate. The concurrence of both CITIES shall
be required for this purpose.
7. Upon and subject to further agreement of the parties, acknowledged in writing by
COUNTY's Director of Transportation, and CITIES Directors of Public Works,
facilities of like nature may be added hereto or deleted herefrom without further
review by either the Board of Supervisors of COUNTY or the City Councils of
CITIES.
8. CITIES, and each of them, shall indemnify, defend, and hold harmless COUNTY,
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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 attorneys' fees in any such claim or action, to the
extent caused by the actions or omissions of CITIES or employees of CITIES.
COUNTY shall indemnify, defend, and hold harmless CITIES, their 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 attorneys' fees in any such claim or action, to the extent caused by the actions
or omissions and the furnishing of services, goods and materials by COUNTY,
hereunder.
9. This Agreement contains the entire agreement of the parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings or
agreements pertaining to the locations stipulated in the attached Appendix. This
Agreement may only be modified in writing signed by each party.
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10. Notice: Any notice required or permitted to be sent to each party shall be sent
by regular mail, addressed as follows:
County of Riverside City of Indian Wells City of La Quinta
Transportation & Land 44-950 El Dorado Drive 78-495 Calle Tampico
Management Agency Indian Wells, CA 92210 La Quinta, CA 92253
Transportation Dept.
P.O. Box 1090 Attention: City Manager Attention: City Manager
Riverside CA 92502
Attention: Director of
Transportation
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representatives on Die-.ec,Ab-.y- 1:1 , 2004.
COUNTY OF RIVERSIDE CITY OF INDIAN WELLS CITY OF LA QUINTA
By:
airman, Board of 40r May Mayor
Supervisors
MARION ASHLER
gsh, C,rr)to the Board
►uty Cle
Board
Attest:
By:
C B
ity CI r
Attest:
Clerk
pproved as to form: Approved as to form: Approved as to form:
By: ✓ By: , i gy•
unty Counsel Cit �ttorriey's Office'City ttorney's Office
RECOMMENDED FOR
APPROVAL:
B.
Dir or of
Transport ion
APPROVED AS TO
C NTENT:
By:
C ty E n g i r4bt r
E
APPR ED AS TO
CONT NT:
Q'i y ineer
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APPENDIX
MAINTENANCE AGREEMENT FOR
TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING INSTALLATIONS
MAINTAINED BY THE COUNTY OF RIVERSIDE
AUGUST 2004
TRAFFIC SIGNAL LOCATION OWNERSHIP
Miles Avenue & Washington Street City of Indian Wells 50%
City of La Quinta 50%
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