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Riverside Co/Traffic Signal & Safety Lighting Maintenance 951 AGREEMENT FOR 2 MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY LIGHTING 3 4 This AGREEMENT is between the County of Riversidell 5 (hereinafter referred to as COUNTY) and the City of La Quintaj 6 (hereinafter referred to as CITY): 7 This AGREEMENT is for maintenance work provided by the County 8 Transportation Department on traffic signals and safety lighting) 9 installations located wholly within the CITY as shown on attachedi 10 Appendix. 11 IT IS AGREED: 12 1. COUNTY, through its Transportation and Land Management Agency, 13 Transportation Department (hereinafter referred to as 14 TRANSPORTATION DEPARTMENT), will provide routine maintenance 15 work on traffic signals, safety lighting, flashing beacons, and 16 other electrically -operated traffic control or warning devices 17 located in the CITY. Said maintenance shall include inspection 18 of signal system and clean control cabinet every six weeks, re- 19 lamp and clean signal heads every two years, clean and re -lamp 20 luminaires at signalized intersections every five years, and 21 provide emergency call -out service. 22 2. CITY shall pay COUNTY for the cost of maintenance, and emergency 23 service, including all COUNTY costs for wages, benefits, 24 transportation, materials, and administrative accounting for all 25 the CITY location installations serviced by the COUNTY. 26 3. Records for the maintenance work provided under this Agreement 27 shall be kept by the COUNTY and shall include the cost of all 28 services performed. Billing for the cost to CITY shall be made 1 JAN 2 4 1995 1Y 1 quarterly and shall include an annual itemized accounting of all 2 costs and services. 3 4. CITY shall submit in writing any dispute in billing within 4 thirty (30) working days after receipt of billing. Otherwise, 5 CITY shall pay for services within thirty (30) days after 6 receipt of billing from COUNTY. 7 5. This Agreement shall become effective thirty (30) days after the 8 date that this Agreement is approved by the COUNTY Board ofi 9 Supervisors. The COUNTY will provide the CITY notice of the 10 official Board action no later than two weeks before the 11 effective date. This Agreement shall remain in force until 12 terminated by either party by thirty (30) days written notice) 13 to the other party. 14 6. If the COUNTY is of the opinion that any work COUNTY has been 15 directed to perform is beyond the scope of this Agreement and 16 constitutes Extra Work, the COUNTY shall promptly notify the 17 CITY of that opinion. The COUNTY shall be the sole judge as to 18 whether or not such work is in fact beyond the scope of this 19 Agreement and constitutes Extra Work. 20 However, for purposes of COUNTY proceeding to perform same, this 21 is not intended to deny CITY its civil legal remedies in the 22 event of a dispute. In the event that the CITY determines that 23 such work does constitute Extra Work, it shall provide extra 24 compensation to the COUNTY upon a fair and equitable basis in 25 accordance with the COUNTY's standard rate. 26 Upon and subject to further agreement of the parties, 27 acknowledged in writing by COUNTY's Director of Transportation 28 and CITY's Director of Public Works, facilities of like nature 2 '1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 may be added hereto or deleted herefrom without further review by either the Board of Supervisors of COUNTY or the City Council of CITY. 7. CITY and COUNTY covenant and agree that, except as otherwise expressly set forth herein, COUNTY makes no representation or warranty of whatsoever kind, nature or sort, either express or implied, concerning the goods and services to be furnished hereunder, AND COUNTY DOES HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING ANY SUCH GOODS OR SERVICES. 8. The CITY shall indemnify, defend, save and hold harmless the COUNTY, 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 thel defense of said parties and the payment of attorneys fees in any such claim or action, arising out of or in any manner connected with the performance of services and the furnishing of goods or materials by COUNTY hereunder. 3 WEM:DC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W 9. Any notice required or permitted to be sent to either party shall be sent by regular mail, addressed as follows: COUNTY OF RIVERSIDE CITY OF LA QUINTA TRANSPORTATION AND LAND 78-495 Calle Tampico MANAGEMENT AGENCY La Quinta, CA 92253 TRANSPORTATION DEPARTMENT P.O. Box 1090 Attention: Tom Genovese, Riverside, CA 92502 City Manager Attention: David E. Barnhart, Director of Transportation IN WITNESS WHEREOF, the parties hereto have caused this Agre nt to be exec ted by their d}rly authorized representatives on 19 CO1fNTTY OF RIVERSIDE -t�� �s�� CITY OF LA QUINT BY a BY Chaan, KAY CENICEROS;~ Ma Board of Supervisors e ATTEST: Gerald A. Ma ney /),-,Clerk of tke oa Board APPROVED TO FORM: RV William C. Katzenstein, County Counsel RE EN%D%ED FOR APPROVAL David E. Barnhart, Director of Transportation , 1994 tsm. wholly. laquinta 4 APPROVED AS TO FORM: By City Attorney's Office 1 APPENDIX MAENTENANCE AGREEMENT FOR 2 TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING INSTALLATIONS THAT ARE WHOLLY OWNED BY THE CITY OF LA QUINTA 3 MAINTAINED BY THE COUNTY OR RIVERSIDE NOVEMBER 1994 4 SIGNALS 5 LT 6 7810 8910 Calle Tampico & Washington Street 7 7792 8897 Coachella Drive & Eisenhower Drive 8 7756 8861 Eisenhower Drive & Washington Street 9 7757 8862 Eisenhower Drive & 50th Avenue/Calle Mazatlan 10 7758 8863 Highland Palms Drive & Washington Street 11 7727 8835 Park Avenue & 50th Avenue 12 7767 8872 Washington Street & 50th Avenue 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WEM:DC:bjl November 9, 1994 28 5