Indio, City/Traffic Signal Jefferson/Dunbar 15COOPERATIVE AGREEMENT
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This agreement (hereinafter "Agreement") entered into this day of
' 2015, 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."
(1) LA QUINTA and INDIO desire to install a new traffic signal and safetM
lighting, referred to herein as the "PROJECTat the intersection
Jefferson Street and Dunbar Drive, and desire to specify the terms an
I
conditions under which the PROJECT is to be engineered, constructe
finaed, operated and maintained as well as the obligations ang
responsibilities of the PARTIES. 11
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(2) The PROJECT location is jointly owned fifty percent (50%) by LA QUINTA
and fifty percent (50%) 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 and INDIO desire to equally share the project costs which are
currently estimated at $300,000.00 (the "PROJECT SHARE").
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(1) To pay an amount equal to one half (1/2) of the PROJECT SHARE for
construction, design, engineering, inspection/testing/survey, signal
timing, 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 INDIO and all applicable laws and
regulations.
(3) To have final design documents and drawings for the PROJECT prepare
by or under the direction of a civil engineer registered and licensed in th
State of California, and that the specifications, each set of plans and an
reports shall bear the professional sea[, certificate and signature of th
professional engineer responsible for their preparation.
(4) To apply for any necessary encroachment permits for work within the L
Q street right-of-way, in accordance with LA QUINTA standar
permit procedures; provided however, that LA QUINTA agrees t
cooperate in the issuance of any required permits necessary for th
PROJECT as described in Section II below.
(5) To advertise, award and administer a public works contract for th
construction of the PROJECT improvements.
(6) To retain or cause to be retained for audit by LA QUINTA or othE
governmental auditors for a period of three (3) years from the date (
final payment, all records and accounts relating to construction of th
PROJECT.
(7) Upon completion of the PROJECT, to furnish LA QUINTA a complete set c
full-sized reproducible "Drawing of Record" plans.
(8) To add the intersection of Jefferson Street and Dunbar Drive to th
December 21, 2006 Cooperative Agreement for Operation an•
Maintenance of Traffic Signals on Jefferson Street (attached Exhibit
whereby INDIO agrees to maintain and operate the facilities and INDIi
will pay fifty percent (50%) and LA QUINTA will pay fifty percent (50%)
the maintenance and energy costs for the PROJECT.
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(1) To pay an amount equal to one half (1/2) of PROJECT SHARE for
construction, design, engineering, inspection/testing/survey, signal
timing, contingency and administrative costs as described on attached
Exhibit
(2) To deposit with INDIO within thirty (30) days of receipt of billing
therefore the amount of $150,000, which figure represents LA QUINTA'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 LA QUINTA's obligation for all
anticipated costs under this Agreement exceed 115% of LA QUINTA's
estimated costs, as listed in Exhibit "A," provided that LA QUINTA may, at
its sole discretion, in writing, authorize a greater amount. However, this
does not obligate INDIO in any way to provide additional funds for the
PROJECT.
(3) To issue, free of charge, upon application by INDIO or INDIO's contracto
the necessary encroachment permits for required work within the L
QUINTA streets right-of-way.
(4) To add the intersection of Jefferson Street and Dunbar Drive to th
December 21, 2006 Cooperative Agreement for Operation an
Maintenance of Traffic Signals on Jefferson Street (attached Exhibit "B"
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whereby INDIO agrees to maintain and operate the facilities and INDI
will pay fifty percent (50%) and LA QUINTA will pay fifty percent (50%)
the maintenance and energy costs for the PROJECT. LA QUINTA will pa
fifty percent (50%) of the maintenance and energy costs for the PROJE
and to pay such 50% obligation within thirty (30) days of receipt of billin
therefore.
(1) The total cost of PROJECT is estimated to be $300,000.
(2) LA QUINTA and INDIO both agree to pay an amount equal to one ha
(1/2) of the total estimated project cost of $300,000.
(3) Upon opening bids for construction of the PROJECT, if bids indicate a co!
overrun of no more than 15% of the project cost estimate as described i
Exhibit "A," INDIO may award the contract.
upon opening of bids, it is found that a cost overrun exceeding 15%
the construction cost estimate will occur, INDIO, and LA QUINTA sha
endeavor to negotiate in good faith to agree upon an alternative cours
of action. If, after thirty calendar days from the as of bid opening, a
alternative course of action is not agreed upon, this Agreement shall b
deemed to be terminated by mutual consent and without further actior
with each agency sharing incurred costs in accordance with the co!
shares as set forth in Section I, Article (1), Section II, Article (1), an
Section III, Article (1).
(5) All contract change orders exceeding 15% of the bid price for th
relevant contract bid items shall be submitted by INDIO to LA QUINT,
for review and approval prior to authorization by INDIO to constructio
contractor.
(6) In construction of said work, INDIO will furnish a representative t
perform the function of Resident Engineer, and LA QUINTA may furnish
representative. LA QUINTA's representative may consult with INDIO'
representative, but INDIO's decision shall be considered final.
(7) No alteration or variation of the terms of this Agreement shall be vali
unless made in writing and signed by all parties, and no or
I
understanding or agreement not incorporated herein shalt be binding a
either party hereto.
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 INDIO
City of Indio
Dan Martinez, City Manager
100 Civic Center Mall
Indio, CA 92202
Dated:
By:
Lupe Ramos Watson, Mayor
ATTEST:
By:
Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
Roxanne Diaz
City Attorney
CITY OF LA QUINTA
City of La Quinta
Frank J. Spevacek, City Manager
78-495 Calle Tampico
La Quinta, CA 92253
Dated:
Dgi Itasig dbyF kJ. 5p,—,,,k
DN IN b -1 61SM01202—,-
t USs Cf ' La Quint, –Frank J.
Sp ek-1—kJ. 5peva k
By: D- 201'530,2209:23:49-0700'
Frank J. Spevacek, City Manager
ATTEST:
Digitally signed by City of La Qu nta ,
DN:—w1Number 6fmhzhdhvbz93cr,
-.c U5, st -hf.rn a, hLa Quinta, o City
of La:QU nta cn City of La Quinta
By: Date: 2015 10 22 14:48 16 -07'00'
Susan Maysels, City Clerk
APPROVED AS TO FORM:
William H. Ihrke,
City Attorney
Exhibit "A" - Project Cost Shares
Exhibit "B" - Cooperative
Agreement for Operation and
Maintenance of Traffic Signals on
Jefferson Street
EXHIBIT "A"
COOPERATIVE AGREEMENT
Construction $24U.ODO.00
Design $ 20.000.00
Inspection/Testing/Survey $ 10.0W00
Administration $ 10.000m
Contingency $ 28.0W00
SUB -TOTAL: $ 300.000.00
COOPERATIVE
TRAFFICFOR OPERATION AND MAINTENANCE
OF I
FROM FRED WARING DRIVE TO HIGHWAY111
Thi agreement (hereinafter "Agreement") entered into this day of
2006, is between the City of Indio, a. municipal corporation,
referred to herein as "Ifs I ," and the City f La(. inta, a municipal corporation,
referred to herein as "LA UINTA." INDIO and LA QUINTA are collectively
referred to in this Agreement as "PARTIES."
TIAL.
1) INDIO and LA QUINTA desire to specify the terms and conditionsunder
which traffic signals on Jefferson Street from Fred Waring Drive to Highway
111 will be operated and maintained as well as the obligations and
responsibilities of the PARTIES.
Five traffic signals aro jointly owned by INDIO and by LA QUINTA as follows:
a) Jefferson Street and Fred Waring Drive — Fifty percent (%) by IfI,
fifty percent (50%) by LA QUINTA,
b Jefferson Street and Milos Avenue — Seventy five percent (75%) b
INDIO, twenty five percent (25%) LA QUINTA.
c) Jefferson Street and Westward He Drive — Fifty percent (50%) by IN I ,
fifty percent %) by LA QUINTA,
d) Jefferson Street and Home Depot/Vista Grande — Six percent (%) b
INDI , ninety four percent (94%) by LA QUINTA.
e Jefferson Street and Highway 111 — Seventy'five percent %) by INDI
twenty fire percent %) by LA QUINTA.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the PARTIES agree as follows;
Section I
LA QUINTA AGREES:
1 To pay fifty percent %) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for Jefferson Street and
Fred Waring Drive: LA QUINTA shall pay INDIO such % operation and
maintenance obligation within thirty () days of receipt of billing therefore.
) To pay twenty -fire percent (25%) f all operations, maintenanc repair, and
replacement costs, including electrical energy nests, for Jefferson Street and
Miles Avenue, LA QUINTA shall pay INDIO such % obligation within thirty
(30) days of receipt of billing therefore
) To pay fifty percent %) of all operations, maintenance, repair„ and
replacement costs, including electrical energy costs, for Jefferson Street and
Westward He Drive. LA QUINTAshall pay to INDIO such % obligation
within thirty ) days of receipt of billing therefore.
) To operate and maintain in the facilities and LA QUINTAwill pay ninety-four
percent %) of all operations, maintenance, repair, and replacement costs„
including electricalenergy costs, for Jefferson Street and Home Depot/Vista
Grande,
5) To operate and maintain the facilities and LA QUINTAwill pay twenty-five
percent %) of all operations„ maintenance, repair, and replacement costs„
including electrical energy costs, for Jefferson Street and Highway 111
Section 11
INDIO AGREES;
1) To operate and maintain the facilities and INDIO will pay fifty percent % of
all operations, maintenance,repair„ and replacement casts, including
electrical energy costs, for Jefferson Street and Fred Waring Drive,
2) To operate and maintain the facilities and INDIO will pay seventy-five percent
% f all operations, maintenance, repair, and replacement costs
including electrical energy casts, for Jefferson Street and Miles Avenue.
To operate and maintain the facilities and INDIO will pay fifty percent % f
all operations„ maintenance, repair, and replacement costs, including
electrical anergy costs„ for Jefferson Street and Westward Ho Drive.
a.
To pay six percent %) of all operations, maintenance, repair, and
replacement costs, including electrical energy casts, for Jefferson Street and
Home Depot/Vista Grande. INDIO shall pay to LA QUINTA such %
obligation within thirty 1) days of receipt of billing therefore.
) To pay seventy-five percent %) of all operations, maintenance; repair, and
replacement costs, including electrical energy costs, for Jefferson Street and
Highway 111. INDIO shall pay to LA QUINTA such % obligation within
thirty 1) days of receipt of billing therefore.
Section 1111
IT IS MUTUALLYAGREED AS FOLLOWS:
) No alteration or variation of the teres of this Agreement shall be valid sanies
roue in writing and signed by all parties, and no oral understanding or
agreement not incorporated herein shall be binding on either party hereto.
) Upon completion of all work under this Agreement, ownership and title to all
materials, equipment, and appurtenances installed in LA QUINTA shall b
vested in LA QUINTA and all materials; equipment, ent, and appurtenances
installed in INDIO shall be vested in I DIt
Neither LA QUINTA 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 INDIO under or in connection with any work, authority or
jurisdiction delegated to INDIO under this Agreement unless such damage or
liability is the result of LA UI TA's misconduct or negligence.. It is further
agreed that, pursuant to Government Code Section 895.4, INDIO shall full
indemnify and Fold LA QUINTA harmless from any liability imposed for injury
as defined by Government Code Section 810.8) occurring by reason of
anything done or emitted to be done by INDIO under or in connection with
any work, authority or jurisdiction delegated to INDIO under this Agreement
except to the extent that such injury results from LA QUINTA's own
misconduct or negligence.
Neither IN I i 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 LA QUINTA under or in connection with any pork, 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 INDIO harmless from any liability imposed for injury to
definedby Government Code Section 810.8) occurring by reason of anything
done of 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 I l I 's own misconduct or
negligence:
ITI:
Any notice required to be sent pursuant to this Agreement shall be dent b
regular snail, addressed as indicated in the signature blocks which ollo -
A S Fr
CITY f ,
w
City of 1111 y his Hernandez
Tenn Southard, City Manager City Clerk
100 Civic Center Mall
Indo, CA 9220
APPRT l
Dated;
By: Edward totkin
Ben Godfrey, or .", pity Attorney
„»
Sep
a ew• MEMORANDUMs.
Frank J. Spevacek, City Manager
FROM: <�fanothy R.J sPublic arks Director/City_ Engineer
October 4, 2015
Cooperative Agr between the Cityuint City of Indio
r the DesignConstruction r ignal Improvements a
Jefferson tr r Drive
Attached r review _ signature is - cooperative r the Cit
of Indio and Cityi to for the projectreferenced ave®
Reviews and signatures are beingconducted l ctris ll via the
_ TRAKiT system.
Please provide your electronic signature advise the City Clerk once you havea
so. The City Clerk ill continue ith full execution and final distribution of the PSA.
Requesting department shall check and attach the items below as appropriate.
X Contract payments will be charged to account number, GIP Rro�ect 1 cat Nu 151607
A Conflict of Interest Forma 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
NIA A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet
the definition in FPPC regulation 13701(2).
Authority to execute this agreement is based upon:
X - Approved by the City Council on October 6, 2015 (date)
City Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
City Manager's signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
City Manager's signature authority provided under Contract Change Order Policy
Contracts under $100,000= 10%® max, contracts over $100,000= $25,000 max
The following required documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (approved by Risk /Manager on )
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License (copy or note number & expiration date here No: