Indio, City/Co-Op Agr - Dune Palms & Westward Ho Signal & Lighting 06COOPERATIVE AGREEMENT
FOR THE DESIGN AND CONSTRUCTION
OF TRAFFIC SIGNAL IMPROVEMENTS
This agreement (hereinafter "Agreement") entered into this �_ day of
�� 2006, is between the City of La Quinta, a Municipal Corporation
and charter city, referred to herein as "LA QUINTA," and the City of Indio, a
Municipal Corporation, referred to herein as "INDIO." LA QUINTA and INDIO are
collectively referred to in this Agreement as "PARTIES."
RECITALS
(1) LA QUINTA and INDIO desire to install a new traffic signal and safety
lighting, referred to herein as "PROJECT," at the intersection of Dune Palms
Road and Westward Ho Drive, and desire to specify the terms and conditions
under which the PROJECT is to be engineered, constructed, financed,
operated and maintained.
(2) The PROJECT location is jointly owned seventy-five percent (75%) by LA
QUINTA and twenty-five percent (25%) by INDIO.
(3) It has been determined that the State of California promulgated traffic signal
warrants have been met for the PROJECT location.
(4) LA QUINTA agrees to contribute 75% of the estimated cost to complete the
PROJECT. The PROJECT is estimated to cost $317,589. Therefore, LA
QUINTA's contribution is estimated to be $238,192.
(5) INDIO agrees to contribute 25% of the estimated cost to complete the
PROJECT. The PROJECT is estimated to cost $317,589. Therefore,
INDIO's contribution is estimated to be $79,397.
Section
LA QUINTA AGREES:
(1) To pay an amount equal to seventy-five percent (75%) of the PROJECT
costs for construction, design, engineering, inspection/testing/survey,
contingency and administrative costs as described on attached Exhibit "A."
(2) To prepare Plans, Specifications and Estimates (PS&E) for the PROJECT.
PS&E are to be prepared in accordance with the Standard Plans and
Specifications of the State of California Department of Transportation, the
standards and practices of LA QUINTA and all applicable laws and
regulations.
(3) To have final design documents and drawings for the PROJECT prepared by
or under the direction of a civil engineer registered and licensed in the State
of California, and that the specifications, each set of plans and any reports
shall bear the professional seal, certificate and signature of the professional
engineer responsible for their preparation.
(4) To apply for any necessary encroachment permits for work within the INDIO
street right-of-way, in accordance with INDIO standard permit procedures.
(5) To advertise, award and administer a public works contract for the
construction of the PROJECT improvements.
(6) To retain or cause to be retained for audit by INDIO or other governmental
auditors for a period of three (3) years from the date of final payment, all
records and accounts relating to construction of the PROJECT.
(7) Upon completion of the PROJECT, to furnish INDIO a complete set of full-
sized reproducible "Drawing of Record" plans and refund any unexpended
funds belonging to INDIO.
(8) To enter into a maintenance agreement with INDIO, whereby LA QUINTA
will agree to maintain and operate the facilities and LA QUINTA will pay
seventy-five percent (75%) and INDIO will pay twenty-five percent (25%) of
the maintenance and energy costs for the PROJECT.
SPntinn II
INDIO AGREES:
(1) To pay an amount equal to twenty-five (25%) of PROJECT costs for
construction, design, engineering, inspection/testing/survey, contingency and
administrative costs as described on attached Exhibit "A."
(2) To deposit with LA QUINTA within thirty (30) days of receipt of billing
therefore the amount of $79,397 which figure represents INDIO's estimated
PROJECT share of the cost of preliminary engineering, construction,
construction engineering and administration, as required to complete the
PROJECT. In no event will INDIO's obligation for all anticipated costs under
this Agreement exceed 115% of INDIO's estimated costs, as listed in Exhibit
"A," provided that INDIO may, at its sole discretion, in writing, authorize a
greater amount. However, this does not obligate LA QUINTA in any way to
provide additional funds for the PROJECT.
(3) To issue, free of charge, upon application by LA QUINTA or LA QUINTA's
contractor, the necessary Encroachment Permits for required work within the
INDIO streets right-of-way.
(4) To enter into a maintenance agreement with LA QUINTA, whereby LA
QUINTA will agree to maintain and operate the facilities and LA QUINTA will
pay seventy-five percent (75%) and INDIO will pay twenty-five percent
(25%) of the maintenance and energy costs for the PROJECT.
Sartinn IIII
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) The total cost of PROJECT is estimated to be $317,589.
(2) Upon opening bids for construction of the PROJECT, if bids indicate a cost
overrun of no more than 15% of the project cost estimate as described in
Exhibit 'A" LA QUINTA may award the contract.
(3) If, upon opening of bids, it is found that a cost overrun exceeding 15% of
the construction cost estimate will occur, INDIO, and LA QUINTA shall
endeavor to agree upon an alternative course of action. If, after sixty (60)
calendar days from the date of bid opening, an alternative course of action is
not agreed upon, this Agreement shall be deemed to be terminated by
mutual consent, with each agency sharing incurred costs in accordance with
the cost shares as set forth in Section I, Article (1), Section II, Article (1),
and Section III, Article (1).
(4) All contract change orders exceeding 15% of the bid price for the relevant
contract bid items shall be submitted by LA QUINTA to INDIO for review and
approval prior to authorization by LA QUINTA to construction contractor.
(5) In construction of said work, LA QUINTA will furnish a representative to
perform the function of Resident Engineer, and INDIO may furnish a
representative. INDIO's representative may consult with LA QUINTA's
representative, but LA QUINTA's decision shall be considered final.
(6) No alteration or variation of the terms of this Agreement shall be valid unless
made in writing and signed by all parties, and no oral understanding or
agreement not incorporated herein shall be binding on either party hereto.
(7) Upon completion of all work under this Agreement, ownership and title to all
materials, equipment, and appurtenances installed will be jointly shared in
the ratio of seventy-five percent (75%) LA QUINTA, twenty-five percent
(25%) INDIO.
(8) INDIO nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be
done by LA QUINTA under or in connection with any work, authority or
jurisdiction delegated to LA QUINTA under this Agreement. It is further
agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall
fully indemnify and hold INDIO harmless from any liability imposed for injury
(as defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by LA QUINTA under or in connection
with any work, authority or jurisdiction delegated to LA QUINTA under this
Agreement.
(9) LA QUINTA nor any other officer or employee thereof shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be
done by INDIO under or in connection with any work, authority or jurisdiction
delegated to INDIO under this Agreement. It is also agreed that, pursuant to
Government Code Section 895.4, INDIO shall fully indemnify and hold LA
QUINTA harmless from any liability imposed for injury (as defined by
Government Code Section 810.98) occurring by reason of anything done or
omitted to be done by INDIO under or in connection with any work, authority
or jurisdiction delegated to INDIO under this Agreement.
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NOTICES:
Any notice required to be sent pursuant to this Agreement shall be sent by regular
mail, addressed as follows:
CITY OF INDIO
Glenn Southard, City Manager
100 Civic Center Mall
Indio, CA 92202
Dated:
GENE GILBER Mayor
ATTEST:
APPROVED AS TO FORM:
By: �'J'JWZ. [�A
Edward Kotkin
City Attorney
CITY OF LA QUINTA
Thomas P. Genovese, City Manager
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92247-1504
Dated:
r
ATTEST:
By: �,J�o ►a-� ��
June Greek, City Clerk
APPROVED AS TO FORM:
By:
M. Katfierine Jenso
City Attorney .
EXHIBIT "A"
COOPERATIVE AGREEMENT
DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS
Dune Palms Road at Westward Ho Drive- New Traffic Signal
Estimated
Budget
Construction
$ 252,754.00
Design
$ 19,611.00
Inspection/Testing/Survey
$ 15,198.53
Administration
$ 9,805.50
Contingency
$ 20,220.32
SUB -TOTAL:
$ 317,589.35
TOTAL ESTIMATED COST: $ 317,589
LA QUINTA 314 PROJECT SHARE: $238,192
INDIO 1/4 PROJECT SHARE: $79,397