Indio, City/Jefferson & Ave 49 Traffic Sig 06COOPERATIVE AGREEMENT
FOR THE DESIGN AND CONSTRUCTION
OF TRAFFIC SIGNAL IMPROVEMENTS
This agreement (hereinafter "Agreement") entered into thisX// day of
r /c%-, , 2006, 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."
RECITALS
(1) LA QUINTA and INDIO desire to install a new traffic signal and safety
lighting, referred to herein as the "PROJECT," at the intersection of
Jefferson Street and Avenue 49, and desire to specify the terms and
conditions under which the PROJECT is to be engineered, constructed,
financed, operated and maintained as well as the obligations and
responsibilities of the PARTIES.
(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.
14) The Coachella Valley Association of Governments (CVAG) has agreed
to contribute up to 75% of the estimated cost to complete the
PROJECT. The preliminary estimate of the Project's cost is
$412,331.00. Therefore, CVAG's contribution is estimated to be
$309,248.00.
(5) LA QUINTA and INDIO desire to equally share the remaining unfunded
project costs in the amount of $103,084.00 (the "PROJECT SHARE").
The unfunded project costs represent approximately 25% of the
estimated costs to complete the PROJECT.
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:
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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,
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 LA QUINTA and all
applicable laws and regulations.
(3) To have final design documents and drawings for the PROJECT
prepared by or under the direction of a civil engineer registered and
licensed in the State of California, and that the specifications, each set
of plans and any reports shall bear the professional seal, certificate and
signature of the professional engineer responsible for their preparation.
(4) To apply for any necessary encroachment permits for work within the
INDIO street right-of-way, in accordance with INDIO standard permit
procedures; provided however, that INDIO agrees to cooperate in the
issuance of any required permits necessary for the PROJECT as
described in Section II below.
(5) To advertise, award and administer a public works contract for the
construction of the PROJECT improvements.
(6) To retain or cause to be retained for audit by INDIO 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 the
PROJECT.
(7) Upon completion of the PROJECT, to furnish INDIO a complete set of
full-sized reproducible "Drawing of Record" plans.
(8) To enter into a maintenance agreement with INDIO, whereby LA
QUINTA will agree to maintain and operate the facilities and LA
QUINTA will pay fifty percent (50%) and INDIO will pay fifty percent
(50%) of the maintenance and energy costs for the PROJECT.
Section II
INDIO AGREES:
(1) To pay an amount equal to one half (1/2) of PROJECT SHARE for
construction, design, engineering, inspection/testing/survey,
contingency and administrative costs as described on attached Exhibit
„A „
(2) To deposit with LA QUINTA within thirty (30) days of receipt of billing
therefore the amount of $51,542, which figure represents INDIO'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 INDIO's obligation for all
anticipated costs under this Agreement exceed 115% of INDIO's
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estimated costs, as listed in Exhibit "A," provided that INDIO may, at
its sole discretion, in writing, authorize a greater amount. However,
this does not obligate LA QUINTA in any way to provide additional
funds for the PROJECT.
(3) To issue, free of charge, upon application by LA QUINTA or LA
QUINTA's contractor, the necessary encroachment permits for
required work within the INDIO streets right-of-way.
(4) To enter into a maintenance agreement with LA QUINTA, whereby LA
QUINTA will agree to maintain and operate the facilities and LA
QUINTA will pay fifty percent (50%) and INDIO will pay fifty percent
(50%) of the maintenance and energy costs for the PROJECT and to
pay such 50% obligation within thirty (30) days of receipt of billing
therefore.
Section IIII
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) The total cost of PROJECT is estimated to be $412,331.
(2) The CVAG contribution in the amount of $309,248 shall be credited
equally to LA QUINTA and INDIO.
(3) If, for any reason, the CVAG contribution is not received by LA
QUINTA, INDIO agrees to pay an amount equal to one half (1/2) of the
total estimated project cost of $412,331.
(4) Upon opening bids for construction of the PROJECT, if bids indicate a
cost overrun of no more than 15% of the project cost estimate as
described in Exhibit "A," LA QUINTA may award the contract.
(5) If, upon opening of bids, it is found that a cost overrun exceeding
15% of the construction cost estimate will occur, INDIO, and LA
QUINTA shall endeavor to negotiate in good faith to agree upon an
alternative course of action. If, after thirty calendar days 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 and without further action, with each agency sharing incurred
costs in accordance with the cost shares as set forth in Section I,
Article (1), Section II, Article (1), and Section III, Article (1).
(6) All contract change orders exceeding 15% of the bid price for the
relevant contract bid items shall be submitted by LA QUINTA to INDIO
for review and approval prior to authorization by LA QUINTA to
construction contractor.
(7) In construction of said work, LA QUINTA will furnish a representative
to perform the function of Resident Engineer, and INDIO may furnish a
representative. INDIO's representative may consult with LA QUINTA's
representative, but LA QUINTA'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
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understanding or agreement not incorporated herein 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%) LA QUINTA, fifty percent
(50%) INDIO.
(10) Neither INDIO 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 unless such damage or liability is the result of INDIO's
misconduct or negligence. It is further agreed that, pursuant to
Government Code Section 895.4, LA QUINTA shall fully indemnify
and hold 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 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 INDIO's own misconduct or negligence.
(11) Neither LA QUINTA 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 INDIO under or in connection with any
work, authority or jurisdiction delegated to INDIO under this
Agreement. It is also agreed that, pursuant to Government Code
Section 895.4, INDIO shall fully indemnify and hold LA QUINTA
harmless from any liability imposed for injury (as defined by
Government Code Section 810.98) 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.
NnTICFS-
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:
(The remainder of this page is intentionally left blank)
Page 4 of 5
CITY OF INDIO
City of Indio
Glenn Southard, City Manager
100 Civic Center Mall
Indio, CA 92202
Dated:
By:
Gene Gilbert, Mayor
ATTEST:
Cyr' 'it %+ , . 0 t , City Cleric
APPROVED AS TO FORM:
Edward Kotkin
City Attorney
CITY OF LA QUINTA
City of La Quinta
Tom Genovese, City Manager
P.O. Box 1504
La Quinta, CA 92247-1504
78-495 Calle Tampico
La Quinta, CA 92253
Dated:
Don Adolph, Mayov
ATTEST:
By:
Veronica ntecino, CM
City Cle
APPROVED AST FORM:
� By. j (
M. Katherine Jens
City Attorney
Page 5 of 5
XHIBIT "A"
:OOPERATIVE AGREEMENT
iESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS
efferson Street at Avenue 49 - New Traffic Signal
:onstruction $ 299,333.00
resign $ 29,933.00
ispection/Testing/Survey $ 23,198.00
,dministration $ 14,967.00
:ontingency $ 44,900.00
,U B-TOTAL: $ 412,331.00
OTAL ESTIMATED COST: $ 412,331
:VAG75%CONTRIBUTION: $ 309,248
A QUINTA 112 PROJECT SHARE: $51,542
4DIO 112 PROJECT SHARE: $51,542
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