Riverside Co/Palm Desert/Washington & Fred Waring Traffic Sig 99q9 -1 a -o ��
Contract No. Contract No. C16200
Riverside Co. Transportation
1 AGREEMENT FOR
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MAINTENANCE OF TRAFFIC SIGNALS
3 AND SAFETY LIGHTING
4 TRI-PARTY AGREEMENT WITH RIV. COUNTY, PALM DESERT & LA QUINTA
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6 This AGREEMENT is entered into by and among the County of Riverside,
7 referred to herein as COUNTY, and the City of La Quinta, referred to herein as LA
8 QUINTA, and the City of Palm Desert, referred to herein as PALM DESERT, said
9 cities being collectively referred to herein as CITIES:
10 This AGREEMENT is for maintenance work provided by the County
11 Transportation Department on traffic signal and highway safety lighting installations
12 jointly -owned by CITIES and COUNTY at the location(s) shown on the attached
13 Appendix.
14 IT IS AGREED:
15 1. COUNTY, through its Transportation and Land Management Agency,
16 Transportation Department, will provide routine maintenance work and
17 emergency call -out service on traffic signals, highway safety lighting, flashing
18 beacons, and other electrically operated traffic control or warning devices
19 located partly within the boundaries of CITIES and partly within the
20 boundaries of COUNTY. In providing said maintenance COUNTY shall do the
21 following: Inspect the signal system and clean the control cabinet every six
22 (6) weeks; re -lamp and clean signal heads every two (2) years; re -lamp and
23 clean luminaires every five (5) years.
24 2. CITIES shall pay COUNTY that percentage for each location of the total costs
25 of electrical energy, routine maintenance and emergency service, including
26 all COUNTY costs for wages, benefits, transportation, materials, and admini-
27 strative accounting, as stipulated in the attached Appendix, as the
28 percentage of CITIES location ownership. COUNTY shall be responsible for
that percentage of the total of the aforementioned costs for each location,
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Contract No. C16200
1 as stipulated in the Appendix, as the percentage of COUNTY's location
2 ownership.
3 3. Records for the work provided under this Agreement shall be kept by
4 COUNTY and shall include the cost of all services performed. Billing shall be
5 made quarterly and shall include an annual itemized accounting of all costs
6 and services.
7 4. CITIES shall submit in writing any dispute in COUNTY billing within thirty
8 (30) working days after receipt of such billing. Otherwise, CITIES shall pay
9 for services within thirty (30) days after receipt of billing from COUNTY.
10 5. This Agreement shall become effective thirty (30) days from the date this
11 Agreement is approved by resolution by COUNTY Board of Supervisors.
12 COUNTY will provide CITIES notice of the official Board action no later than
13 two (2) weeks before the effective date. This Agreement shall remain in
14 force until terminated by any of the parties upon thirty (30) days written
15 notice to the other parties.
16 6. If COUNTY is of the opinion that any work COUNTY has been directed to
17 perform is beyond the scope of this Agreement and constitutes Extra Work,
18 COUNTY shall promptly notify CITIES of that opinion. COUNTY shall be the
19 sole judge as to whether or not such work is in fact beyond the scope of this
20 Agreement and constitutes Extra Work. However, for purposes of COUNTY
21 proceeding to perform same, this is not intended to deny CITIES their civil
22 legal remedies in the event of a dispute. In the event that CITIES agrees that
23 such work does indeed constitute Extra Work and authorizes COUNTY to
24 perform the Extra Work, they shall provide extra compensation to COUNTY
25 upon a fair and equitable basis in accordance with COUNTY's standard rate.
26 7. Upon and subject to further agreement of the parties acknowledged in writing
27 by COUNTY's Director of Transportation, and CITIES Directors of Public
28 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
Contract No. C16200
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City Councils of CITIES.
8. CITIES, and each of them, shall indemnify, defend, save and hold harmless
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 the 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
activities of CITIES or CITIES employees.
COUNTY shall indemnify, defend, save 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, arising out of or in any manner connected with services in the
furnishing of 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.
Contract No. C16200
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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 LA QUINTA
City of Palm Desert
Transportation & Land 78-495 Calle Tampico
73-510 Fred Waring Dr.
Management Agency La Quinta, CA 92253
Palm Desert CA 92260
Transportation Dept.
P.O. Box 1090 Attn: City Manager
Attn: City Manager
Riverside, CA 92502
Attn: David E. Barnhart,
Director of Transportation
IN WITN SS WHEREOF, the parties hereto have caused this Agreement
to be executed by t my authorized representatives on
COUNTY 11b.R"EM
By: y:
Chairman, RoyW".SON Me
Board of Supervisors
Attest: G�r*5 ((;;A.L1199oney, Attest:
Clerk of the Board
T
By.ZIQB—77)
--J-
DepLky Clerk of the t�Ci
Board
Vy:
s to form:
Katzenstein,
County Counsel
RECOMMENDED FOR
APPROVAL:
ransportation
F LA QUINTA CITY OF PALM DESERT
0 i'A I gzatv 1
116�11.1, &,,(� ('1W) BY:/ -
Attest:
Approved as to form: Approved s to form:
By: v•
City Attorney's Of Tice tity torney's Office
APPROVED AS TO APPROVED AS TO
CONTENT: CO T:
By: �G B
City Engi er City En%ge*e
Contract No. C16200
APPENDIX
MAINTENANCE AGREEMENT FOR
TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING INSTALLATIONS
OWNED AMONG THE CITY OF LA QUINTA, THE CITY OF PALM DESERT
AND THE COUNTY OF RIVERSIDE
MAINTAINED BY THE COUNTY OF RIVERSIDE
April 1999
1113 1 2208 1 Fred Waring Drive & Washington Street
50% La Quinta
25% Palm Desert
25% County