Loading...
Indio, City/Traffic Signal Jefferson/Dunbar 15COOPERATIVE AGREEMENT r• ifATJLA#A?iMTtW&T M, U01 a I R -A a a W1 tel 9 Y-11 W I in 19 1101TVI z I MM This agreement (hereinafter "Agreement") entered into this day of ' 2015, 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." (1) LA QUINTA and INDIO desire to install a new traffic signal and safetM lighting, referred to herein as the "PROJECTat the intersection Jefferson Street and Dunbar Drive, and desire to specify the terms an I conditions under which the PROJECT is to be engineered, constructe finaed, operated and maintained as well as the obligations ang responsibilities of the PARTIES. 11 ii 't' (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. (4) LA QUINTA and INDIO desire to equally share the project costs which are currently estimated at $300,000.00 (the "PROJECT SHARE"). gq111[41r42LSFAU* (1) To pay an amount equal to one half (1/2) of the PROJECT SHARE for construction, design, engineering, inspection/testing/survey, signal timing, 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 INDIO and all applicable laws and regulations. (3) To have final design documents and drawings for the PROJECT prepare by or under the direction of a civil engineer registered and licensed in th State of California, and that the specifications, each set of plans and an reports shall bear the professional sea[, certificate and signature of th professional engineer responsible for their preparation. (4) To apply for any necessary encroachment permits for work within the L Q street right-of-way, in accordance with LA QUINTA standar permit procedures; provided however, that LA QUINTA agrees t cooperate in the issuance of any required permits necessary for th PROJECT as described in Section II below. (5) To advertise, award and administer a public works contract for th construction of the PROJECT improvements. (6) To retain or cause to be retained for audit by LA QUINTA or othE governmental auditors for a period of three (3) years from the date ( final payment, all records and accounts relating to construction of th PROJECT. (7) Upon completion of the PROJECT, to furnish LA QUINTA a complete set c full-sized reproducible "Drawing of Record" plans. (8) To add the intersection of Jefferson Street and Dunbar Drive to th December 21, 2006 Cooperative Agreement for Operation an• Maintenance of Traffic Signals on Jefferson Street (attached Exhibit whereby INDIO agrees to maintain and operate the facilities and INDIi will pay fifty percent (50%) and LA QUINTA will pay fifty percent (50%) the maintenance and energy costs for the PROJECT. IM011110 (1) To pay an amount equal to one half (1/2) of PROJECT SHARE for construction, design, engineering, inspection/testing/survey, signal timing, contingency and administrative costs as described on attached Exhibit (2) To deposit with INDIO within thirty (30) days of receipt of billing therefore the amount of $150,000, which figure represents LA QUINTA'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 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 discretion, in writing, authorize a greater amount. However, this does not obligate INDIO in any way to provide additional funds for the PROJECT. (3) To issue, free of charge, upon application by INDIO or INDIO's contracto the necessary encroachment permits for required work within the L QUINTA streets right-of-way. (4) To add the intersection of Jefferson Street and Dunbar Drive to th December 21, 2006 Cooperative Agreement for Operation an Maintenance of Traffic Signals on Jefferson Street (attached Exhibit "B" L 3hi n whereby INDIO agrees to maintain and operate the facilities and INDI will pay fifty percent (50%) and LA QUINTA will pay fifty percent (50%) the maintenance and energy costs for the PROJECT. LA QUINTA will pa fifty percent (50%) of the maintenance and energy costs for the PROJE and to pay such 50% obligation within thirty (30) days of receipt of billin therefore. (1) The total cost of PROJECT is estimated to be $300,000. (2) LA QUINTA and INDIO both agree to pay an amount equal to one ha (1/2) of the total estimated project cost of $300,000. (3) Upon opening bids for construction of the PROJECT, if bids indicate a co! overrun of no more than 15% of the project cost estimate as described i Exhibit "A," INDIO may award the contract. upon opening of bids, it is found that a cost overrun exceeding 15% the construction cost estimate will occur, INDIO, and LA QUINTA sha endeavor to negotiate in good faith to agree upon an alternative cours of action. If, after thirty calendar days from the as of bid opening, a alternative course of action is not agreed upon, this Agreement shall b deemed to be terminated by mutual consent and without further actior with each agency sharing incurred costs in accordance with the co! shares as set forth in Section I, Article (1), Section II, Article (1), an Section III, Article (1). (5) All contract change orders exceeding 15% of the bid price for th relevant contract bid items shall be submitted by INDIO to LA QUINT, for review and approval prior to authorization by INDIO to constructio contractor. (6) In construction of said work, INDIO will furnish a representative t perform the function of Resident Engineer, and LA QUINTA may furnish representative. LA QUINTA's representative may consult with INDIO' representative, but INDIO's decision shall be considered final. (7) No alteration or variation of the terms of this Agreement shall be vali unless made in writing and signed by all parties, and no or I understanding or agreement not incorporated herein shalt be binding a either party hereto. 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 INDIO City of Indio Dan Martinez, City Manager 100 Civic Center Mall Indio, CA 92202 Dated: By: Lupe Ramos Watson, Mayor ATTEST: By: Cynthia Hernandez, City Clerk APPROVED AS TO FORM: Roxanne Diaz City Attorney CITY OF LA QUINTA City of La Quinta Frank J. Spevacek, City Manager 78-495 Calle Tampico La Quinta, CA 92253 Dated: Dgi Itasig dbyF kJ. 5p,—,,,k DN IN b -1 61SM01202—,- t USs Cf ' La Quint, –Frank J. Sp ek-1—kJ. 5peva k By: D- 201'530,2209:23:49-0700' Frank J. Spevacek, City Manager ATTEST: Digitally signed by City of La Qu nta , DN:—w1Number 6fmhzhdhvbz93cr, -.c U5, st -hf.rn a, hLa Quinta, o City of La:QU nta cn City of La Quinta By: Date: 2015 10 22 14:48 16 -07'00' Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney Exhibit "A" - Project Cost Shares Exhibit "B" - Cooperative Agreement for Operation and Maintenance of Traffic Signals on Jefferson Street EXHIBIT "A" COOPERATIVE AGREEMENT Construction $24U.ODO.00 Design $ 20.000.00 Inspection/Testing/Survey $ 10.0W00 Administration $ 10.000m Contingency $ 28.0W00 SUB -TOTAL: $ 300.000.00 COOPERATIVE TRAFFICFOR OPERATION AND MAINTENANCE OF I FROM FRED WARING DRIVE TO HIGHWAY111 Thi agreement (hereinafter "Agreement") entered into this day of 2006, is between the City of Indio, a. municipal corporation, referred to herein as "Ifs I ," and the City f La(. inta, a municipal corporation, referred to herein as "LA UINTA." INDIO and LA QUINTA are collectively referred to in this Agreement as "PARTIES." TIAL. 1) INDIO and LA QUINTA desire to specify the terms and conditionsunder which traffic signals on Jefferson Street from Fred Waring Drive to Highway 111 will be operated and maintained as well as the obligations and responsibilities of the PARTIES. Five traffic signals aro jointly owned by INDIO and by LA QUINTA as follows: a) Jefferson Street and Fred Waring Drive — Fifty percent (%) by IfI, fifty percent (50%) by LA QUINTA, b Jefferson Street and Milos Avenue — Seventy five percent (75%) b INDIO, twenty five percent (25%) LA QUINTA. c) Jefferson Street and Westward He Drive — Fifty percent (50%) by IN I , fifty percent %) by LA QUINTA, d) Jefferson Street and Home Depot/Vista Grande — Six percent (%) b INDI , ninety four percent (94%) by LA QUINTA. e Jefferson Street and Highway 111 — Seventy'five percent %) by INDI twenty fire percent %) by LA QUINTA. 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: 1 To pay fifty percent %) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Fred Waring Drive: LA QUINTA shall pay INDIO such % operation and maintenance obligation within thirty () days of receipt of billing therefore. ) To pay twenty -fire percent (25%) f all operations, maintenanc repair, and replacement costs, including electrical energy nests, for Jefferson Street and Miles Avenue, LA QUINTA shall pay INDIO such % obligation within thirty (30) days of receipt of billing therefore ) To pay fifty percent %) of all operations, maintenance, repair„ and replacement costs, including electrical energy costs, for Jefferson Street and Westward He Drive. LA QUINTAshall pay to INDIO such % obligation within thirty ) days of receipt of billing therefore. ) To operate and maintain in the facilities and LA QUINTAwill pay ninety-four percent %) of all operations, maintenance, repair, and replacement costs„ including electricalenergy costs, for Jefferson Street and Home Depot/Vista Grande, 5) To operate and maintain the facilities and LA QUINTAwill pay twenty-five percent %) of all operations„ maintenance, repair, and replacement costs„ including electrical energy costs, for Jefferson Street and Highway 111 Section 11 INDIO AGREES; 1) To operate and maintain the facilities and INDIO will pay fifty percent % of all operations, maintenance,repair„ and replacement casts, including electrical energy costs, for Jefferson Street and Fred Waring Drive, 2) To operate and maintain the facilities and INDIO will pay seventy-five percent % f all operations, maintenance, repair, and replacement costs including electrical energy casts, for Jefferson Street and Miles Avenue. To operate and maintain the facilities and INDIO will pay fifty percent % f all operations„ maintenance, repair, and replacement costs, including electrical anergy costs„ for Jefferson Street and Westward Ho Drive. a. To pay six percent %) of all operations, maintenance, repair, and replacement costs, including electrical energy casts, for Jefferson Street and Home Depot/Vista Grande. INDIO shall pay to LA QUINTA such % obligation within thirty 1) days of receipt of billing therefore. ) To pay seventy-five percent %) of all operations, maintenance; repair, and replacement costs, including electrical energy costs, for Jefferson Street and Highway 111. INDIO shall pay to LA QUINTA such % obligation within thirty 1) days of receipt of billing therefore. Section 1111 IT IS MUTUALLYAGREED AS FOLLOWS: ) No alteration or variation of the teres of this Agreement shall be valid sanies roue in writing and signed by all parties, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. ) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed in LA QUINTA shall b vested in LA QUINTA and all materials; equipment, ent, and appurtenances installed in INDIO shall be vested in I DIt Neither LA QUINTA 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 INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement unless such damage or liability is the result of LA UI TA's misconduct or negligence.. It is further agreed that, pursuant to Government Code Section 895.4, INDIO shall full indemnify and Fold LA QUINTA harmless from any liability imposed for injury as defined by Government Code Section 810.8) occurring by reason of anything done or emitted 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. Neither IN I i 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 LA QUINTA under or in connection with any pork, 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 to definedby Government Code Section 810.8) occurring by reason of anything done of 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 I l I 's own misconduct or negligence: ITI: Any notice required to be sent pursuant to this Agreement shall be dent b regular snail, addressed as indicated in the signature blocks which ollo - A S Fr CITY f , w City of 1111 y his Hernandez Tenn Southard, City Manager City Clerk 100 Civic Center Mall Indo, CA 9220 APPRT l Dated; By: Edward totkin Ben Godfrey, or .", pity Attorney „» Sep a ew• MEMORANDUMs. Frank J. Spevacek, City Manager FROM: <�fanothy R.J sPublic arks Director/City_ Engineer October 4, 2015 Cooperative Agr between the Cityuint City of Indio r the DesignConstruction r ignal Improvements a Jefferson tr r Drive Attached r review _ signature is - cooperative r the Cit of Indio and Cityi to for the projectreferenced ave® Reviews and signatures are beingconducted l ctris ll via the _ TRAKiT system. Please provide your electronic signature advise the City Clerk once you havea so. The City Clerk ill continue ith full execution and final distribution of the PSA. Requesting department shall check and attach the items below as appropriate. X Contract payments will be charged to account number, GIP Rro�ect 1 cat Nu 151607 A Conflict of Interest Forma 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests NIA A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 13701(2). Authority to execute this agreement is based upon: X - Approved by the City Council on October 6, 2015 (date) City Manager's signature authority provided under Resolution No. 2005-095 Public Works projects for $30,000 or less. City Manager's signature authority provided under Resolution No. 2005-096 Service agreements for $30,000 or less. City Manager's signature authority provided under Contract Change Order Policy Contracts under $100,000= 10%® max, contracts over $100,000= $25,000 max The following required documents are attached to the agreement: N/A Insurance certificates as required by the agreement (approved by Risk /Manager on ) N/A Performance bonds as required by the agreement (originals) N/A City of La Quinta Business License (copy or note number & expiration date here No: