Indio, City/Signal & Lighting Maint. 12COOPERATIVE AGREEMENT
FOR OPERATION AND MAINTENANCE
OF TRAFFIC SIGNALS AND SAFETY LIGHTING
This Cooperative Agreement for Operation and Maintenance of Traffic Sign Is and
Safety Lighting (hereinafter "Agreement") entered into this day of
a0/%$ is between the City of La Quinta, a California municipal corporation, referr d
to herein as "LA QUINTA" and the City of Indio, a California municipal corporation,
referred herein as "INDIO". LA QUINTA and INDIO are collectively referred to in this
Agreement as "PARTIES".
RECITALS
11 LA QUINTA and INDIO, municipal corporations and members of the California
Joint Powers Insurance Authority, desire to specify the terms and conditions
under which traffic signals located on shared boundaries will be maintained,
as well as the obligations and responsibilities of the PARTIES with respect to
those traffic signals.
2) Seven (7) traffic signals are jointly owned by LA QUINTA and INDIO
(hereinafter referred to as "traffic signals") as follows:
a) Intersection of Jefferson Street and Avenue 48 - Fifty percent (50%) by
LA QUINTA, fifty percent (50%) by INDIO.
b) Intersection of Jefferson Street and Avenue 49 - Fifty percent (50%) by
LA QUINTA, fifty percent (50%) by INDIO.
c) Intersection of Jefferson Street and Avenue 50 - Seventy-five percent
(75%) by LA QUINTA, twenty-five percent (25%) by INDIO.
d) Intersection of Blackhawk Way/Westward Ho Drive and Dune Palms Road
- Seventy-five percent (75%) by LA QUINTA, twenty-five percent (25%)
by INDIO.
e) Intersection of Dune Palms Road and Desert Crest Drive - Sixty -Seven
percent (67%) by LA QUINTA, thirty-three percent (33%) by INDIO.
f) Intersection of Miles Avenue and Dune Palms Road - Seventy-five
percent (75%) by LA QUINTA, twenty-five percent (25%) by INDIO.
g) Miles Avenue Pedestrian Signal east of Dune Palms - Fifty percent (50%)
by LA QUINTA, fifty percent (50%) by INDIO.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the PARTIES agree as follows:
Section I - SCOPE OF SERVICES
1) General Scope of Services:
This Agreement provides for the routine maintenance work and emergency
call -out service on traffic signals, street safety lighting, flashing beacons, and
other electrically operated traffic control or warning devices associated with
the traffic signals. Routine maintenance services hereunder shall include the
following work: inspect the signal system and clean the control cabinet every
eight (8) weeks; clean and re -lamp signal heads as required; clean and re -
lamp luminaires as required. Emergency call -out services shall include all
repairs and maintenance of the subject traffic control and warning devices or
reasonable temporary measures necessary to preserve the public safety in
the event of a signal system failure. LA QUINTA shall apply to the local
power company for service and arrange for delivery of electrical power to the
signals.
2) Extra Work:
Any work to be performed beyond the scope of services described in
paragraph 1►, above, shall constitute extra work ("Extra Work"). Extra Work
shall be compensated for with extra compensation calculated in a fair and
equitable method in accordance with LA QUINTA's current rates and/or La
Quinta's emergency/after-hours contractor's current rates. The current rates
as they exist upon the effective date of this Agreement are set forth in
Exhibit A. LA QUINTA may update those rates from time to time, and shall
provide notice to INDIO of such updated rates. LA QUINTA shall promptly
notify INDIO of any work that it has determined constitutes Extra Work
before performing such Extra Work. If INDIO agrees that the subject work
constitutes Extra Work, and authorizes LA QUINTA, in writing, to perform
the Extra Work, INDIO shall compensate LA QUINTA for the Extra Work in
accordance with this paragraph and LA QUINTA's then current rates. LA
QUINTA shall make the final determination whether such work constitutes
Extra Work, provided, however, that INDIO shall be entitled to any and all
legal remedies in the event of a dispute concerning such determination,
including the right to terminate this Agreement with 30-days notice.
Section 11 - LA QUINTA'S OBLIGATIONS
LA QUINTA AGREES:
1) To operate and maintain the facilities and LA QUINTA will pay fifty percent
(50%) of all operations, maintenance, repair, and replacement costs,
including electrical energy costs, for the signal at the intersection of
Jefferson Street and Avenue 48.
2) To operate and maintain the facilities and LA QUINTA will pay fifty percent
(50%) of all operations, maintenance, repair, and replacement costs,
including electrical energy costs, for the signal at the intersection of
Jefferson Street and Avenue 49.
3► To operate and maintain the facilities and LA QUINTA will pay seventy-five
percent (75%) of all operations, maintenance, repair, and replacement costs,
including electrical energy costs, for the signal at the intersection of
Jefferson Street and Avenue 50.
4) To operate and maintain the facilities and LA QUINTA will pay seventy-five
percent (75%) of all operations, maintenance, repair, and replacement costs,
including electrical energy costs, for the signal at the intersection of
Blackhawk Way/Westward Ho Drive and Dune Palms Road.
5) To operate and maintain the facilities and LA QUINTA will pay sixty-seven
percent (67%) of all operations, maintenance, repair, and replacement costs,
including electrical energy costs, for the signal at the intersection of Dune
Palms Road and Desert Crest Drive.
6) To operate and maintain the facilities and LA QUINTA will pay seventy-five
percent (75%) of all operations, maintenance, repair, and replacement costs,
including electrical energy costs, for the signal at the intersection of Miles
Avenue and Dune Palms Road.
7) To operate and maintain the facilities and LA QUINTA will pay fifty percent
(50%) of all operations, maintenance, repair, and replacement costs,
including electrical energy costs, for the Miles Avenue Pedestrian Signal east
of Dune Palms Road.
8) Records: Records for the work provided under this Agreement shall be kept
by LA QUINTA and shall include the costs of all services performed. Such
records shall be maintained for at least two (2) years and, upon reasonable
notice, shall be made available for inspection by INDIO.
Section III — INDIO'S OBLIGATIONS
INDIO AGREES:
1) To pay fifty percent (50%) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for the signal at the
intersection of Jefferson Street and Avenue 48. INDIO shall pay LA QUINTA
such 50% operation and maintenance obligation.
2) To pay fifty percent (50%) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for the signal at the
intersection of Jefferson Street and Avenue 49. INDIO shall pay LA QUINTA
such 50% operation and maintenance obligation.
3) To pay twenty-five percent (25%) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for the signal at the
intersection of Jefferson Street and Avenue 50. INDIO shall pay LA QUINTA
such 25% operation and maintenance obligation.
4) To pay twenty-five percent (25%) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for the signal at the
intersection of Blackhawk Way/Westward Ho Drive and Dune Palm Road.
INDIO shall pay LA QUINTA such 25% operation and maintenance
obligation.
5) To pay thirty-three percent (33%) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for the signal at the
intersection of Dune Palms Road and Desert Crest Drive. INDIO shall pay LA
QUINTA such 33% operation and maintenance obligation.
6) To pay twenty-five percent (25%) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for the signal at the
intersection of Miles Avenue and Dune Palms Road. INDIO shall pay LA
QUINTA such 25% operation and maintenance obligation.
7) To pay fifty percent (50%) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for the Miles Avenue
Pedestrian Signal east of Dune Palms Road. INDIO shall pay LA QUINTA
such 50% operation and maintenance obligation.
8) To pay all of the above -referenced amounts within thirty (30) days of receipt
of the billing therefore.
Section IV — GENERAL PROVISIONS
1) Term and Termination:
Once signed by all PARTIES, this Agreement shall remain in force until
terminated in accordance with this section. This Agreement may be
terminated by any PARTY hereto upon thirty (30) days written notice to the
other PARTY of such termination. Any payment obligations outstanding
shall survive such termination.
2) Invalid Provision:
The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions hereof, and this Agreement
shall be construed in all respects as if such invalid or unenforceable
provisions were omitted.
3) Amendment and Waiver:
This Agreement may be amended or revoked at any time by a written
agreement executed by LA QUINTA and INDIO. No change or modification of
this Agreement shall be valid unless the same is in writing and signed by all
PARTIES. No waiver of any provision of this Agreement shall be valid unless
in writing and signed by the PARTY granting such waiver, and in no event
shall any such waiver be deemed to be a waiver of any other term, covenant
or condition of this Agreement.
4) Attorneys' Fees:
In the event that any PARTY to this Agreement shall bring action to enforce
the provisions of this Agreement or as a result of any default in the
performance of any of the provisions of this Agreement, the prevailing
PARTY in such action shall be entitled to recover all of the costs and
expenses, including reasonable attorneys' fees, incurred by such PARTY in
connection with such action.
5) Governing Law:
This Agreement shall be construed and governed by the laws of the State of
California.
6) Independent Counsel:
Each PARTY has had the opportunity to consult with its own attorney with
respect to this Agreement, and in the event that any language contained
herein is construed to be vague or ambiguous, this Agreement shall not be
strictly construed against any PARTY.
7) No alteration or variation of the terms of this Agreement shall be valid unless
made in writing and signed by all PARTIES, and no verbal understanding or
agreement not incorporated herein shall be binding on either party hereto.
8) Upon completion of all work under this Agreement, ownership and title to all
materials, equipment, and appurtenances installed in INDIO shall be vested in
INDIO and all materials, equipment, and appurtenances installed in LA
QUINTA shall be vested in LA QUINTA.
9) Neither INDIO nor any officer or employee therefore 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 also 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.
10) Neither LA QUINTA nor any officer or employee therefore 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 810.8) 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
except to the extent that such injury results from LA QUINTA's own
misconduct or negligence.
11. NOTICES:
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:
City of La Quinta
Mark Weiss, Interim City Manager
City of La Quinta
PO Box 1504
La Quinta, CA 92253
City of Indio
City of Indio
Dan Martinez, City Manager
100 Civic Center Mall
Indio, CA 92202
IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement to
be executed as of the date first written above.
Dated:
By: '
Mark A. Weiss, Interim City Manager
Dated: /--/G—('A
By. .
Dan Martinez, City Manager
ATTEST: ATTEST -
BY'. By:
Susan Maysels, Interim City Clerk Clerk 4nthia Hernandez, City
APP13,¢ D AS FORM:
By //
M. Kat vine Jens , City Affito—Mey
APPR VED AS T/O� CONTENT:
B :
T o y R. Joas , P.E.
Public Works Dir to
Engineer
APP ED AS TO FORM:
By:
Roxan a M. City Attorney
APPROVED AS TO CONTENT:
By:
Grant Eklund, P.E.
Public Works Director/City Engineer
Exhibit A
All rates subject to yearly update
City of La Quinta hourly rates:
Traffic Signal Technician
Bucket Truck
Standard Rate
$45.51
$27.00-
Overtime Rate
$60.23
$27.00
Republic ITS - On -call / after-hours response hourly rates:
Rpnidnr Time Miartimo
Operations Superintendent
Lead Signal Technician
Signal Technician
Service Truck
Crane
Bucket
Compressor
Concrete Saw
Loops 1-4
Loops 5 +
Material Mark-up
$108.05
$162.07
$84.38
$126.57
$80.26
$120.39
$27.01
$27.01
$66.89
$66.89
$27.01
$27.01
$15.44
$15.44
$10.29
$10.29
$427.04
$385.88
15%
Premium Time
$21 1.09
$163.76
$155.52
$27.01
$66.89
$27.01
$15.44
$10.29