Indio, City/Co-op Agr - Jefferson & Dunbar Signal & Lighting 15COOPERATIVE AGREEMENT
FOR THE DESIGN AND CONSTRUCTION
OF TRAFFIC SIGNAL IMPROVEMENTS
This agreement (hereinafter "Agreement") entered into this 21St day of
OCTOBER , 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."
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 Dunbar Drive, 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.
(4) LA QUINTA and INDIO desire to equally share the project costs which are
currently estimated at $300,000.00 (the "PROJECT SHARE").
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the PARTIES agree as follows:
Section I
INDIO AGREES:
(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 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 LA
QUINTA street right-of-way, in accordance with LA QUINTA standard
permit procedures; provided however, that LA QUINTA 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 LA 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 the
PROJECT.
(7) Upon completion of the PROJECT, to furnish LA QUINTA a complete set of
full-sized reproducible "Drawing of Record" plans.
(8) To add the intersection of Jefferson Street and Dunbar Drive to the
December 21, 2006 Cooperative Agreement for Operation and
Maintenance of Traffic Signals on Jefferson Street (attached Exhibit "B"),
whereby INDIO agrees to maintain and operate the facilities and INDIO
will pay fifty percent (50%) and LA QUINTA will pay fifty percent (50%) of
the maintenance and energy costs for the PROJECT.
Section II
LA QUINTA AGREES:
(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 "A."
(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.
(8) 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.
(9) 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.
(10) 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 unless such damage or liability is the result of LA QUINTA's
misconduct or negligence. 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.
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:
(3) To issue, free of charge, upon application by INDIO or INDIO's contractor,
the necessary encroachment permits for required work within the LA
QUINTA streets right-of-way.
(4) To add the intersection of Jefferson Street and Dunbar Drive to the
December 21, 2006 Cooperative Agreement for Operation and
Maintenance of Traffic Signals on Jefferson Street (attached Exhibit "B"),
whereby INDIO agrees to maintain and operate the facilities and INDIO
will pay fifty percent (50%) and LA QUINTA will pay fifty percent (50%) of
the maintenance and energy costs for the PROJECT. LA QUINTA 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 I5 MUTUALLY AGREED AS FOLLOWS:
(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 half
(1/2) of the total estimated project cost of $300,000.
(3) 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," INDIO may award the contract.
(4) 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).
(5) All contract change orders exceeding 15% of the bid price for the
relevant contract bid items shall be submitted by INDIO to LA QUINTA
for review and approval prior to authorization by INDIO to construction
contractor.
(6) In construction of said work, INDIO will furnish a representative to
perform the function of Resident Engineer, and LA QUINTA may furnish a
representative. LA QUINTA's representative may consult with INDIO's
representative, but INDIO's decision shall be considered final.
(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 oral
understanding or agreement not incorporated herein shall be binding on
either party hereto.
CITY OF INDIO
City of Indio
Dan Martinez, City Manager
10.0 Civic Center Mall
Indio, CA 92202
Date•: 1/
4111111111tii/
• - r amos W tson, Mayor
ATTES
By: i 4- J
C ,G'
hia Hernandez, City Clerk
APPRO AS TO FORM:
By: „�,.111P;h1111111/Ai
Ra •nni
City Attorney
CITY OF LA QUINTA
City of La Quinta
Frank J. Spevacek, City Manager
78-495 Calle Tampico
La Quinta, CA 92253
Dated:
Digitally signed by Frankl Spevacek
2' tshe - DN: serialNumber=1n615nh01202rynl
li e=us,st=cafir«Na,Idaoumta, 0=F22,1J
By: Spevacek, cn=FraNrl Spevacek
002015 10 22 09.23:45 -0200'
Frank J. Spevacek, City Manager
ATTEST:
Digitally signed by City OW Quints
�DN: serialNumbei=6fmhzhdhol z93cr,
� eel/5, st=California, l=La Quinta, o=City
of La Quinta, cn=City of La Quinta
Date: 2015 10 22 14:461 6 -07'00'
By:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
By:`1.--. �-
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
DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS
Jefferson Street and Dunbar Drive - New Traffic Signal
Construction $ 240,000.00
Design $ 20,000.00
Inspection/Testing/Survey $ 10,000.00
Administration $ 10,000.00
Contingency $ 20,000.00
SUB -TOTAL: $ 300,000.00
TOTAL ESTIMATED COST: $ 300,000
LA QUINTA 1/2 PROJECT SHARE: $150,000
INDIO 1/2 PROJECT SHARE: $150,000