Loading...
Riverside Co/Indian Wells/Washington & Miles Traffic Sig 05Contract No. 0-5"40'(D A .D/L Riverside Co. Transportation 1 2 3 4 5 611 al 10 11 12 13 14 15 161 171 IVII 19 20' 21 22 23 24 25 26 27 28 AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY LIGHTING This AGREEMENT is entered into by and among the County of Riverside, referred to herein as COUNTY, the City of Indian Wells, referred to herein as INDIAN WELLS, and the City of La Quinta, referred to herein as LA QUINTA, said cities being collectively referred to herein as CITIES: This AGREEMENT is for maintenance work provided by the COUNTY Transportation Department on traffic signal and highway safety lighting installations jointly owned by the CITIES at the location(s) shown on the attached Appendix. IT IS AGREED: 1. COUNTY, through its Transportation and Land Management Agency, Transportation Department, will provide routine maintenance work and emergency call -out service on traffic signals, highway safety lighting, flashing beacons, and other electrically operated traffic control or warning devices at the location(s) described in the attached Appendix . In providing said maintenance, COUNTY shall do the following: Inspect the signal system and clean the control cabinet every six (6) weeks; re -lamp and clean incandescent lamped signal heads every three (3) years and re -lamp light emitting diode (LED) signal heads as needed; re - lamp and clean luminaires every five (5) years. 2. CITIES shall pay COUNTY that percentage for each location of the total costs of routine maintenance, and emergency service, including all COUNTY costs for wages, benefits, transportation, materials, and administrative accounting, as stipulated in the attached Appendix, as the percentage of CITIES' location ownership. 3. Records for the work provided under this Agreement shall be kept by COUNTY and shall include the cost of all services performed. Billings shall be made 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 quarterly and shall include an annual itemized accounting of all costs and services. 4. CITIES shall submit in writing any dispute concerning any COUNTY billing within thirty (30) working days after receipt of such billing. Otherwise, CITIES shall pay for services within thirty (30) days after receipt of billing from COUNTY. 5. This Agreement shall become effective the date this Agreement is approved by resolution by COUNTY Board of Supervisors; provided that CITIES have first executed this Agreement. COUNTY will provide CITIES notice of the official Board action. This Agreement shall remain in force until terminated by any of the parties upon thirty (30) days written notice to the other parties. 6. If COUNTY is of the opinion that any work COUNTY has been directed to perform is beyond the scope of this Agreement and constitutes Extra Work, COUNTY shall promptly notify CITIES of that opinion. COUNTY shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement and constitutes Extra Work. However, for purposes of COUNTY proceeding to perform same, this is not intended to deny CITIES their civil legal remedies in the event of a dispute. In the event that CITIES agree that such work does indeed constitute Extra Work and authorizes COUNTY to perform the Extra Work, CITIES shall provide extra compensation to COUNTY upon a fair and equitable basis in accordance with COUNTY's standard rate. The concurrence of both CITIES shall be required for this purpose. 7. Upon and subject to further agreement of the parties, acknowledged in writing by COUNTY's Director of Transportation, and CITIES Directors of Public 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 City Councils of CITIES. 8. CITIES, and each of them, shall indemnify, defend, and hold harmless COUNTY, 2 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 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, to the extent caused by the actions or omissions of CITIES or employees of CITIES. COUNTY shall indemnify, defend, 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, to the extent caused by the actions or omissions and the furnishing of services, 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. II///// II///// 3 1 2 3 4 5 6 7 8 9 10 121 13 14 15 17 18 19 20 21 22 23 24 WEM:DC:c 08/04 25 26 27 28 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 Indian Wells City of La Quinta Transportation & Land 44-950 El Dorado Drive 78-495 Calle Tampico Management Agency Indian Wells, CA 92210 La Quinta, CA 92253 Transportation Dept. P.O. Box 1090 Attention: City Manager Attention: City Manager Riverside CA 92502 Attention: Director of Transportation IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on Die-.ec,Ab-.y- 1:1 , 2004. COUNTY OF RIVERSIDE CITY OF INDIAN WELLS CITY OF LA QUINTA By: airman, Board of 40r May Mayor Supervisors MARION ASHLER gsh, C,rr)to the Board ►uty Cle Board Attest: By: C B ity CI r Attest: Clerk pproved as to form: Approved as to form: Approved as to form: By: ✓ By: , i gy• unty Counsel Cit �ttorriey's Office'City ttorney's Office RECOMMENDED FOR APPROVAL: B. Dir or of Transport ion APPROVED AS TO C NTENT: By: C ty E n g i r4bt r E APPR ED AS TO CONT NT: Q'i y ineer 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPENDIX MAINTENANCE AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING INSTALLATIONS MAINTAINED BY THE COUNTY OF RIVERSIDE AUGUST 2004 TRAFFIC SIGNAL LOCATION OWNERSHIP Miles Avenue & Washington Street City of Indian Wells 50% City of La Quinta 50% 5