Riverside Co/Signal & Lighting Maint. 12Contract No. 11-11-003
Riverside Co. Transportation
COOPERATIVE AGREEMENT
FOR OPERATION AND MAINTENANCE
OF TRAFFIC SIGNALS AND SAFETY LIGHTING
This agreement (hereinafter "Agreement ") entered into this 1 day of FEB-
2012 is between the City of La Quinta, a California municipal corporation, referred
to herein as "LA QUINTA" and the County of Riverside, referred herein as
"COUNTY." LA QUINTA and COUNTY are collectively referred to in this Agreement
as "PARTIES."
RECITALS
1) LA QUINTA and COUNTY desire to specify the terms and conditions under
which traffic signals on shared boundaries will be maintained as well as the
obligations and responsibilities of the PARTIES.
2)
1)
Two (2) traffic signals are jointly owned by LA QUINTA and COUNTY as
follows:
a) Intersection of Fred Waring Drive and Dune Palms Road — Sixty -seven
percent (67 %) by LA QUINTA, thirty -three percent (33 %) by COUNTY.
b) Intersection of Fred Waring Drive and Adams Street — Seventy -five
percent (75 %) by LA QUINTA, twenty -five percent (25 %) by COUNTY.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the PARTIES agree as follows:
Section I
Scope of Services:
LA QUINTA shall provide routine maintenance work and emergency call -out
service on traffic signals, street safety lighting, flashing beacons, and other
electrically operated traffic control or warning devices associated with the
traffic signals. Routine maintenance services hereunder shall include the
following work: inspect the signal system and clean the control cabinet every
eight (8) weeks; clean and re -lamp signal heads as required; clean and re-
lamp luminaires as required. Emergency call -out services shall include all
repairs and maintenance of the subject traffic control and warning devices or
DEC 13 2011 3. 33
reasonable temporary measures necessary to preserve the public safety in
the event of a signal system failure. LA QUINTA shall apply to the local
power company for service and arrange for delivery of electrical power to the
signals.
2) Extra Work:
In the event that LA QUINTA determines that any work it has been
requested or directed to perform is beyond the scope of this Agreement and
therefore constitutes extra work ( "Extra Work "), LA QUINTA shall promptly
notify COUNTY of that determination before performing such Extra Work. If
COUNTY agrees that the requested work constitutes Extra Work, and
authorizes LA QUINTA, in writing, to perform the Extra Work, COUNTY shall
provide extra compensation to LA QUINTA upon a fair and equitable basis in
accordance with LA QUINTA's standard rates. LA QUINTA shall determine
whether such work constitutes Extra Work, however, COUNTY shall be
entitled to any and all legal remedies in the event of a dispute concerning
such determination.
3) Records:
Records for the work provided under this Agreement shall be kept by LA
QUINTA and shall include the costs of all services performed. Such records
shall be maintained for at least two (2) years and, upon reasonable notice,
shall be made available for inspection by COUNTY.
4) Term and Termination:
Once signed by all PARTIES, this Agreement shall remain in force until
terminated in accordance with this section. This Agreement may be
terminated by any PARTY hereto upon thirty (30) days written notice to the
other PARTY of such termination. Any payment obligations outstanding shall
survive such termination.
5) Invalid Provision:
The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions hereof, and this Agreement
shall be construed in all respects as if such invalid or unenforceable
provisions were omitted.
6) Amendment and Waiver:
This Agreement may be amended or revoked at any time by a written
agreement executed by LA QUINTA and COUNTY. No change or
modification of this Agreement shall be valid unless the same is in writing
and signed by all PARTIES. No waiver of any provision of this Agreement
shall be valid unless in writing and signed by the PARTY granting such
waiver, and in no event shall any such waiver be deemed to be a waiver of
any other term, covenant or condition of this Agreement.
7) Attorneys' Fees:
In the event that any PARTY to this Agreement shall bring action to enforce
the provisions of this Agreement or as a result of any default in the
performance of any of the provisions of this Agreement, the prevailing
PARTY in such action shall be entitled to recover all of the costs and
expenses, including reasonable attorneys' fees, incurred by such PARTY in
connection with such action.
8) Governing Law:
This Agreement shall be construed and governed by the laws of the State of
California.
9) Binding Effect:
This Agreement shall be binding upon and inure to the benefit of LA QUINTA
and COUNTY.
10) Independent Counsel:
Each PARTY has had the opportunity to consult with its own attorney with
respect to this Agreement, and in the event that any language contained
herein is construed to be vague or ambiguous, this Agreement shall not be
strictly construed against any PARTY.
Section II
COUNTY AGREES:
1) To pay thirty -three percent (33 %) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for the signal at the
Intersection of Fred Waring Drive and Dune Palms Road. COUNTY shall pay
LA QUINTA such 33% operation and maintenance obligation within thirty
(30) days of receipt of billing therefore.
2) To pay twenty -five percent (25 %) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for the signal at the
Intersection of Fred Waring Drive and Adams Street. COUNTY shall pay LA
QUINTA such 25% operation and maintenance obligation within thirty (30)
days of receipt of billing therefore.
Section III
LA QUINTA AGREES:
1) To operate and maintain the facilities and LA QUINTA will pay sixty -seven
percent (67 %) of all operations, maintenance, repair, and replacement costs,
including electrical energy costs, for the signal at the Intersection of Fred
Waring Drive and Dune Palms Road.
2) To operate and maintain the facilities and LA QUINTA will pay seventy -five
percent (75 %) of all operations, maintenance, repair, and replacement costs,
including electrical energy costs, for the signal at the Intersection of Fred
Waring Drive and Adams Street.
Section IV
IT IS MUTUALLY AGREED AS FOLLOWS:
1) No alteration or variation of the terms of this Agreement shall be valid unless
made in writing and signed by all PARTIES, and no verbal understanding or
agreement not incorporated herein shall be binding on either party hereto.
2► Upon completion of all work under this Agreement, ownership and title to all
materials, equipment, and appurtenances installed in COUNTY shall be
vested in COUNTY and all materials, equipment, and appurtenances installed
in LA QUINTA shall be vested in LA QUINTA.
3) Neither COUNTY nor any officer or employee therefore 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 also
agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall
fully indemnify and hold COUNTY 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 except to the extent that such injury results from
COUNTY's own misconduct or negligence.
4) Neither LA QUINTA nor any officer or employee therefore shall be
responsible for any damage or liability occurring by reason of anything done
or omitted to be done by COUNTY under or in connection with any work,
authority or jurisdiction delegated to COUNTY under this Agreement. It is
also agreed that, pursuant to Government Code Section 895.4, COUNTY
shall fully indemnify and hold LA QUINTA 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 COUNTY under or in
connection with any work, authority or jurisdiction delegated to COUNTY
under this Agreement except to the extent that such injury results from LA
QUINTA's own misconduct or negligence.
NOTICES:
Any notice required to be sent pursuant to this Agreement shall be sent by
regular mail, addressed as indicated in the signature blocks which follow:
City of La Quinta County of Riverside
Mark Weiss, Interim City Manager
City of La Quints
Transportation and Land
PO Box 1504''
Management Agency
La Quinta, CA 92253
Transportation Department
Juan C. Perez, P.E., T.E.
Director of Transportation
P.O. Box 1090
Riverside, CA 92502
Dated: FEB. 20[2
Dated:
By
By:
Donald Adolph, ayor
Bob ffuster, Chairman
Board of Supervisors
ATTEST:
ATTEST:
By:
Susan Maysels, Interim City Cler k - -, Kecia Harper -Ihe
Clerk of the Boar
APPRO ED AS TO ORM:
By
a erin Jen V rney
APPROVED AS TO FORM:
Pam aJIs, County ounsel
APPROVED AS TO CONTENT:
B
Ti y JR.J ss P.E.
Public Wec or /City Engineer
APPR ED AS TO CONTENT:
By.
Juan C. Perez, P.E., T.E.
Director of Transportation
Exhibit A
All rates subject to yearly update
City of La Quints hourly rates:
Standard Rate Overtime Rate
Traffic Signal Technician $45.51 $60.23
Bucket Truck $27.00 $27.00
Republic ITS - On -call / after -hours response hourly rates:
Regular Time
Overtime
Operations Superintendent
$108.05
$162.07
Lead Signal Technician
$84.38
$126.57
Signal Technician
$80.26
$120.39
Service Truck
$27.01
$27.01
Crane
$66.89
$66.89
Bucket
$27.01
$27.01
Compressor
$15.44
$15.44
Concrete Saw
$10.29
$10.29
Loops 1 -4
$427.04
Loops 5+
$385.88
Material Mark -up
15%
Premium Time
$211.09
$163.76
$155.52
$27.01
$ 66.89
$27.01
$15.44
$10.29