Riverside Co/Indio/Design Jefferson & Fred Waring 961
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COOPERATIVE AGREE y `
FOR THE DESIGN AND CONSTRUCTION
OF TRAFFIC SIGNALS, LIGHTING AND ROADWAY IMPROVEMENTS
AT THE INTERSECTION OF FRED WARING DRIVE AND JEFFERSON STREET
This Agreement entered into this MAR 19 1996 day of
1996, is between the County of Riverside, referred
to herein as "COUNTY", and the City of La Quinta, referred to here
as "LA QUINTA", and the City of Indio referred to herein as "INDIO"
RECITALS
(1) COUNTY, LA QUINTA, and INDIO desire to install traffic
signals and safety lighting and perform roadway improvements,
referred to herein as "PROJECT", at the intersection of Frec
Waring Drive and Jefferson Street, and desire to specify
terms and conditions under which PROJECT is to be engineered,
constructed, financed, operated and maintained.
(2) PROJECT intersection is jointly owned twenty-five percent (25%)
by COUNTY and twenty-five percent (25%) by LA QUINTA and fif
percent (50%) by INDIO.
(3) It has been determined that the State of California promulgat
traffic signal warrants have been met for the
intersection.
Section I
COUNTY AGREES:
(1) To pay an amount equal to twenty-five percent (25%) of
construction and engineering costs. See Exhibit "A"
MAR 1 9 1996 Y-3
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(2) To deposit with INDIO within thirty (30) days of receipt o
billing therefor (which billing may be submitted to INDIO'
scheduled award date of a construction contract for PROJECT)
the amount of $41,600 which figure represents COUNTY'
estimated share of the cost of preliminary engineering,
construction engineering, utility relocation, construction
engineering and construction, as required to complete PROJECT.
In no event will COUNTY's obligation for all anticipated costs
under this Agreement exceed 115% of COUNTY's estimated costs,
as listed in Exhibit "A", provided that COUNTY 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 PROJECT.
(3) To provide INDIO with necessary policies, practices,
procedures, specifications and other standards required for
preparation of Plans, Specifications and Estimates, re
to herein as "PS&E", for PROJECT.
(4) To provide prompt reviews and approvals as appropriate o
submittals by INDIO and to cooperate in timely processing
PS&E.
(5) To issue free of charge, upon application by INDIO or INDIO'
contractor, the necessary Encroachment Permits for requ
work within the COUNTY streets right-of-way.
(6) To enter into a maintenance agreement with INDIO and LA
whereby INDIO will agree to operate and maintain the faciliti
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and the COUNTY will pay twenty-five percent (25%), LA QUINTP
will pay twenty-five percent (25%) and INDIO will pay fifty
percent (50%) of the maintenance and energy costs for PROJECT.
In the event of annexation of any portion of PROJECT by INDIC
or LA QUINTA the maintenance and energy costs shall be
reapportioned in accordance with the revised ownership shares.
Section II
INDIO AGREES:
(1) To pay an amount equal to fifty percent (50%) of
construction and engineering costs. (See Exhibit "A")
(2) To reimburse COUNTY's share of PROJECT construction
engineering costs as a result of any annexation by CITY of all
or any portion of COUNTY's share of the PROJECT, in accordance
with the following time frame and percentages with respect t
any such portion so annexed: 100% payback if annexation occur
within one year after PROJECT completion, 66.7% payback i
annexation occurs within two years after PROJECT completion,
33.3% payback if annexation occurs within three years aftez
PROJECT completion. PROJECT completion as used herein shall
mean the date which COUNTY Board of Supervisors approves
completion of construction contract, (See Exhibit "A").
(3) To prepare PS&E for PROJECT, employing INDIO or consultant
forces. PS&E are to be prepared in accordance with
Standard Plans and Specifications of the State of Californ
Department of Transportation, the standards and practices of
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COUNTY and all applicable laws and regulations. Said PS&E are
subject to review and final approval by COUNTY, and LA QUINTA.
(4) To have final design documents and drawings for PROJEC
prepared by or under the direction of a civil enginee
registered and licensed in the State of California, and tha
the specifications, each set of plans and any reports shal
bear the professional seal, certificate and signature of th
professional engineer responsible for their preparation.
(5) To identify and locate all high and low risk undergr
facilities, including above and below ground utilities
construction obstacles, and to protect, remove, relocate
otherwise provide for such facilities. Costs of locating,
identifying, protecting or otherwise providing for such
and low risk facilities shall be distributed and borne in
same manner as described in Section I, Article (1), Section II,
Article (1) and Section III, Article (1).
(6) To apply for any necessary encroachment permits for work wi
COUNTY and LA QUINTA street right-of-way, in accordance wi
COUNTY and LA QUINTA standard permit procedures.
(7) To advertise, award and administer a public works contract
the construction of PROJECT improvements.
(8) To retain or cause to be retained for audit by COUNTY,
QUINTA 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 PROJECT.
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(9) Upon completion of PROJECT, to furnish COUNTY and LA QUINTA a
complete set of full-sized reproducible "Drawing of Record"
plans.
(10) To enter into a maintenance agreement with the COUNTY and LA
QUINTA, whereby INDIO will agree to maintain and operate the
facilities and COUNTY will pay twenty-five percent (25%), LA
QUINTA will pay twenty-five percent (25%) and INDIO will pay
fifty percent (50%) of the maintenance and energy costs for
PROJECT.
In the event of annexation of any portion of PROJECT by INDIO
or LA QUINTA the maintenance and energy costs shall be
reapportioned in accordance with the revised ownership shares.
Section III
LA QUINTA AGREES:
(1) To pay an amount equal to twenty-five percent (25%) of PROJECT
construction and engineering costs. (See Exhibit "A")
(2) To pay INDIO within thirty (30) days of receipt of billing,
upon completion of PROJECT, the amount up to $41,600 which
figure represents LA QUINTA's estimated share of the cost of
preliminary engineering, construction engineering, utility
relocation, construction engineering and construction, as
required to complete 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
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discretion, in writing, authorize a greater amount. However,I
this does not obligate INDIO, in any way, to provide addi
funds for PROJECT.
(3) To reimburse COUNTY's share of PROJECT construction
engineering costs as a result of any annexation by CITY of all
or any portion of COUNTY's share of the PROJECT, in accordance
with the following time frame and percentages with respect to
any such portion so annexed: 100% payback if annexation occurs
within one year after PROJECT completion, 66.7% payback if
annexation occurs within two years after PROJECT completion,
33.3 % payback if annexation occurs within three years after
PROJECT completion. PROJECT completion as used herein shall
mean the date which County Board of Supervisors approves
completion of construction contract, (See Exhibit "A").
(4) To provide INDIO with necessary policies, practices,
procedures, specifications and other standards required for
preparation of Plans, Specifications and Estimates, re
to herein as "PS&E", for PROJECT.
(5) To provide prompt reviews and approvals as appropriate o
submittals by INDIO and to cooperate in timely processing
PS&E.
(6) To issue free of charge, upon application by INDIO or INDIO'
contractor, the necessary Encroachment Permits for
work within the LA QUINTA streets right-of-way.
(7) To enter into a maintenance agreement with COUNTY and INDIO,
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whereby INDIO will agree to operate and maintain the facilities
and the COUNTY will pay twenty-five percent (25%), LA QUINTA
will pay twenty-five percent (25%) and INDIO will pay fifty
percent (50%) of the maintenance and energy costs for PROJECT.
In the event of annexation of any portion of PROJECT by LP
QUINTA or INDIO, the maintenance and energy costs shall bE
reapportioned in accordance with the revised ownership shares.
Section IV
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) The total cost of PROJECT is estimated to be $166,400.
(2) Construction by INDIO of improvements referred to herein whicl
lie within COUNTY or LA QUINTA's rights -of -way or affect COUNTS
or LA QUINTA facilities, shall not be commenced until INDIO':
original plans involving such work have been reviewed an(
approved by signature of INDIO 's Engineer, LA QUINTA':
Engineer, and COUNTY's Director of Transportation, or z
delegate agent and until an Encroachment Permit authorizin(
such work has been issued by COUNTY and LA QUINTA to INDI(
therefor. Receipt by INDIO of INDIO's contract plans signe(
by COUNTY and LA QUINTA shall constitute COUNTY and LA QUINT
acceptance of the official approval of said plans.
(3) In the event that INDIO awards construction for PROJECT prio:
to approval by COUNTY and LA QUINTA of contract plans an,
specifications, COUNTY or LA QUINTA may, at its sol
discretion, either terminate the contract by written notice
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or limit COUNTY or LA QUINTA funding of PROJECT to those COUNTY
or LA QUINTA costs as described in Exhibit "A", with no formal
notice by COUNTY or LA QUINTA to INDIO required for s
limitation of COUNTY and LA QUINTA funding.
(4) If, upon opening bids for construction of PROJECT, and if bids
indicate a cost overrun of no more than 15% of the constructi
costs estimate as described in Exhibit "A" will occur, INDI
may award the contract.
(5) If, upon opening of bids, it is found that a cost overrur
exceeding 15% of the construction cost estimate will occur,
INDIO, LA QUINTA and COUNTY shall endeavor to agree upon
alternative course of action. If, after thirty calendar
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), Section III,
Article (1), Section IV, Article (1).
(6) All contract change order exceeding 15% of the bid price for
the relevant contract bid items .shall be submitted by INDIO to
COUNTY and LA QUINTA for review and approval prior
authorization by INDIO to construction contractor.
(7) In construction of said work, INDIO will furnish
representative to perform the function of Resident Engineer,
and COUNTY and LA QUINTA may furnish a representative.
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and LA QUINTA's representative may consult with INDIO's
representative, but INDIO's decision shall be considered final.
(8) 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
shall be binding on either party hereto.
(9) 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 fifty percent (50%)
INDIO, twenty-five percent (25%) LA QUINTA and twenty-five
percent (25%) COUNTY.
(10) Neither INDIO nor COUNTY 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,
QUINTA shall fully indemnify and hold INDIO and 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 to any
work, authority or jurisdiction delegated to LA QUINTA under
this Agreement.
(11) Neither LA QUINTA nor COUNTY nor any officer or employee
thereof shall be responsible for any damage or liability
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occurring by reason of anything done or omitted to be done byl
INDIO under or in connection with any work, authority or
jurisdiction delegated to INDIO under this Agreement. It isl
further agreed that, pursuant to Government Code Section 895.4,
INDIO shall fully indemnify and hold LA QUINTA and 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 INDIO under or in connection to
any work, authority or jurisdiction delegated to INDIO under
this Agreement.
(12) Neither LA QUINTA nor INDIO nor any officer or employee thereof
shall be responsible for any damage or liability occurring
reason of anything done or omitted to be done by COUNTY un
or in connection with any work, authority or jurisdiction
delegated to COUNTY under this Agreement. It is further agreed
that, pursuant to Government Code Section 895.4, COUNTY shall
fully indemnify and hold LA QUINTA and 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 COUNTY in connection to any work, authority or
jurisdiction delegated to COUNTY 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
City of Indio
Richard Cota, City Engineer
100 Civic Center Mall
Indio, CA 92202
Dated:
Kim
W
By:
Allyn Waggle, City ClerVf Interim)
APPROVED AS O F
c
By:
Dave resin City Attorney
CITY OF LA QUINTA
City of La Quinta
Dave Cosper, City Engineer
78-105 Calle Estado
La Quinta, CA 92253
Dated: l C7 (�
By:
Glenda Bangerter, PfAyor
ATTES
By:
le"Jln(97 Juhol , City Clerk
APPROVED AS TO FORM: �7
By: 404.4a P,rLd•",•11JLX
Dawn Honeywell, tiC�rney
COUNTY OF
County of Riverside
David E. Barnhart,
Director of Transportation
P.O. Box 1090
Riverside, CA 92502
Dated: 1* 1 9 1996
NZ
an, KAY CENICE
of Supervisors
ATTEST:Gerald Maloney.
Clerk of th Board.
of Supervrs
I ,n_ l //
the
APPROVED AS TO FORM:
William Katzenstein,
County nsel
By:
ty County Counsel
d
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*t lOr Y.3
EXHIBIT " A "
ESTIMATE OF COST
TOTAL COUNTY LA QUINTA INDIO
COSTS SHARE SHARE SHARE
(100%) (25%) (25%) (500/)
Construction $128,000 $32,000 $32,000 $64,000
Costs
Preliminary $ 19,200 $ 4,800 $ 4,800 $ 9,600
Engineering (15%)
Construction $ 19,200 $ 4,800 $ 4,800 $ 9,600
Engineering (15%)
TOTALS $166,400 $41,600 $41,600 $83,200
COUNTY FUNDING SHARE ADJUSTMENT FACTORS
In the event of annexation of PROJECT intersection by LA QUINTA or INDIO, the
COUNTY's funding share of final PROJECT costs shall be adjusted by a reduction factor,
in accordance with the following schedule:
Number of Years Adjusted
Subsequent to Project Current Estimate
Completion that Estimate of Acjjustment of County
Annexation Occurs County Costs Factor Costs
0 - 1 $41,600 0% $ -0-
1 - 2 $41,600 33-1/3% $13,865
2 - 3 $41,600 66-2/3% $27,733
3 or greater $41,600 100% $41,600