2023 IW, PD, LQ Cooperative Agrmt - Traffic Sig Maint - FW, Wash, & Palm RoyalMEMORANDUM a,0awa
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DATE: 1 /25/23
TO: Jon McMillen, City Manager
FROM: Julie Mignogna, Management Analyst
RE: Traffic Signal Maintenance Cooperative Agreement with the Cities of Indian Wells, Palm
Desert and La Quinta.
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
JrJ_ Approved by City Council on 8/2/2022
.a City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
F-1_ Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
.a Bid F-1 RFP 0_ RFQ _❑. 3 written informal bids
QSole Source F] Select Source Fv l Cooperative Procurement
Reauestina department shall check and attach the items below as anurooriate:
QAgreement payment will be charged to Account No.:
J� Agreement term: Start Date _ _ End Date
.a Amount of Agreement, Amendment, Change Order, etc.: $
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
Jv Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: n/a _ Date:
_a Bonds foric►inals) as required by the Agreement (Performance, Payment, etc.)
1-1 Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
_a Business License No. Expires:
.Q Requisition for a Purchase Order has been prepared (Agreements over $5,000)
Contract No. C44460
COOPERATIVE AGREEMENT
FOR OPERATION AND MAINTENANCE
OF TRAFFIC SIGNAL AND SAFETY LIGHTING
This Cooperative Agreement for Operation and Maintenance of Traffic Signals
and Safety Lighting (hereinafter "Agreement") entered into this _17th_ day
of -November—, 2022, is between the City of La Quinta, a California municipal
corporation, referred to herein as "La Quinta", the City of Indian Wells, a
California municipal corporation, referred herein as "Indian Wells", and the
City of Palm Desert, a California municipal corporation, referred herein as "Palm
Desert". La Quinta, Indian Wells and Palm Desert are sometimes hereinafter
individually referred to as "Party" and/or collectively referred to in this Agreement
as "Parties".
RECITALS
1) La Quinta, Indian Wells and Palm Desert, municipal corporations and members
of the California Joint Powers Insurance Authority, desire to specify the terms
and conditions under which traffic signals (installations) located on shared
boundaries will be maintained, as well as the obligations and responsibilities
of the Parties with respect to those traffic signals.
2) The installation(s) are listed and shown in Exhibit B, attached hereto and
incorporated herein by this reference. The installations are owned
proportionately by each Party as shown in Exhibit B. As installations are added
or removed from this Agreement, the locations may be updated by either Party
submitting to the other Party a proposed revised Exhibit B. The Director of
Public Works, or equivalent, of each Party must approve in writing the revised
Exhibit B prior to the revision taking effect.
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) La Quinta shall provide 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
installations. Routine maintenance services hereunder shall include the
following work: inspect the signal system and clean the control cabinet
quarterly; 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
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Contract No. C44460
event of a signal system failure. La Quinta shall apply to the local power
company for service and pay 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 the
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
Indian Wells and Palm Desert of such updated rates. La Quinta shall promptly
notify Indian Wells and Palm Desert of any work that it has determined
constitutes Extra Work before performing such Extra Work. Indian Wells and
Palm Desert shall promptly respond and if they agree that the subject work
constitutes Extra Work, will authorize La Quinta, in writing, to perform the
Extra Work, Indian Wells and Palm Desert 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 Indian Wells and Palm Desert
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-day's notice.
Section II - La Quinta's Obligations
La Ouinta Agrees:
1) To operate and maintain the installations in accordance with Scope of Services
in Section 1, paragraph 1), and to pay the percentage of all operations,
maintenance, repair, and replacement costs, including electrical energy costs,
for the installations, as noted in Exhibit B.
2) 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 Indian Wells or Palm Desert.
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Contract No. C44460
Section III - Indian Wells' Obligations
Indian Wells Agrees:
1) To pay the percentage of all operation, maintenance, repair, and replacement
costs, including electrical energy costs, for the installations, as noted in Exhibit
B.
2) To pay all of above -referenced amounts within thirty (30) days of receipt of
the billing from La Quinta therefore.
3) Billing by La Quinta shall be made no more frequently than semi-annually, and
if annually, shall cover the period beginning July 1 and ending June 30.
4) Upon full execution of this Agreement, the first billing submitted by La Quinta
may include all eligible expenses incurred after full execution of this
Agreement. All expenses incurred by La Quinta prior to full execution of this
Agreement shall not be eligible for reimbursement.
S) In the event of a dispute, Indian Wells shall submit any such dispute in writing
to La Quinta. The Parties shall endeavor to resolve any such dispute and pay
the balance due, if any, within a reasonable period of time.
Section IV - Palm Deserts Obligations
Palm Desert Agrees:
6) To pay the percentage of all operation, maintenance, repair, and replacement
costs, including electrical energy costs, for the installations, as noted in Exhibit
B.
7) To pay all of above -referenced amounts within thirty (30) days of receipt of
the billing from La Quinta therefore.
8) Billing by La Quinta shall be made no more frequently than semi-annually, and
if annually, shall cover the period beginning July I and ending June 30.
9) Upon full execution of this Agreement, the first billing submitted by La Quinta
may include all eligible expenses incurred after full execution of this
Agreement. All expenses incurred by La Quinta prior to full execution of this
Agreement shall not be eligible for reimbursement.
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Contract No. C44460
10) In the event of a dispute, Palm Desert shall submit any such dispute in writing
to La Quinta. The Parties shall endeavor to resolve any such dispute and pay
the balance due, if any, within a reasonable period of time.
1)
Section V - General Provisions
Terms and Termination:
Once signed by all Parties, this Agreement shall remain in force until
terminated by any Party hereto upon thirty (30) days written notice to the
other Party of such termination. Any payment obligation then 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, Indian Wells and Palm Desert. 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 grating 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) Attorney's Fees:
Each of the Parties shall bear its own fees and costs, including without
limitation attorney's fees, in the event of any dispute pertaining to this
agreement.
5) Governing_ Law:
This Agreement shall be construed and governed by the laws of the State of
California.
6) Independent Counsel:
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Contract No. C44460
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 Indian Wells shall be
vested in Indian Wells, all materials, equipment, and appurtenances installed
in Palm Desert shall be vested in Palm Desert, and all materials, equipment,
and appurtenances installed in La Quinta shall be vested in La Quinta.
9) Neither Indian Wells, Palm Desert, 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. It is also
agreed that, pursuant to Government Code Section 895.4, La Quinta shall fully
indemnify and hold Indian Wells and Palm Desert 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 Indian
Wells' or Palm Desert's own misconduct or negligence.
10) 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 Indian Wells or Palm Desert under or in connection with any work,
authority or jurisdiction delegated to Indian Wells or Palm Desert under this
Agreement. It is also agreed that, pursuant to Government Code Section
895.4, Indian Wells and Palm Desert 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
Indian Wells or Palm Desert under or in connection with any work, authority
or jurisdiction delegated to Indian Wells or Palm Desert under this Agreement
except to the extent that such injury results from La Quinta's own misconduct
or negligence.
11) Notices
All notices or other communications required or permitted hereunder shall be
in writing and shall be either personally delivered [which shall include delivery
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Contract No. C44460
by means of professional overnight courier service which confirms receipt in
writing (such as Federal Express or UPS)), or sent by certified or registered
mail, return receipt requested, postage prepaid, to the following parties at the
following addresses or number:
If to "La Quinta": City of La Quinta
Attn: Public Works Director
78-495 Calle Tampico
La Quinta, CA 92253
Tel: (760) 777-7045
If to "Indian Wells": City of Indian Wells
Attn: Public Works Director
44-950 Eldorado Drive
Indian Wells, CA 92210
Tel: (760) 346-2489
If to "Palm Desert": City of Palm Desert
Attn: Public Works Director
73-510 Fred Waring Drive
Palm Desert, CA 92260
Tel: (760) 776-6450
Notices sent in accordance with this paragraph shall be deemed delivered upon the
next business day following: (1) the date of delivery as indicated on the written
confirmation of delivery (if sent by overnight courier services); (2) the date of the
actual receipt (if personally delivered by other means); or; (3) the date of delivery
as indicated on the return receipt (if sent by certified or registered mail, return receipt
requested). Notice of change of address shall be given by written notice in the manner
detailed in this paragraph.
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Contract No. C44460
IN WITNESS WHEREOF, the Parties have executed the Agreement as of the dates set
forth below -.—
CITY OF LA QUINTA,
a California Municipal Corporation
]ON LEN, City Manager
y of La Quinta, California
Dated: 3�D �3
ATTEST:
MONIKA RADEV) , Cit� Plerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Contract No. C44460
CITY OF PALM DESERT,
a California Municipal Corporation
Todd Fli! mai (Nov 29, 2022 09:47 PST)
L. Todd Hileman, City Manager
City of Palm Desert, California
Dated: Nov 28, 2022
ATTEST:
A—wc�
Anth ny Mejia 0v 2 , 2022 09:51 PST)
Anthony J. Mejia, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
Robert Hargreaves ( v 28, 2022 06:59 PST)
Robert W. Hargreaves, City
Attorney City of Palm Desert,
California
8
Contract No. C44460
CITY OF INDIAN WELLS,
a California Municipal Corporation
E-SIGNED by Christopher Freeland
on V23-01-09 14:43:29 PST
City Manager
City of Indian Wells, California
Dated: January 09, 2023
ATTEST:
E-SIGNED by Angelica Avila
on 2023-01-09 15:04:16 PST
City Clerk Angelica Avila
City of Indian Wells, California
APPROVED AS TO FORM:
E-SIGNED by Todd Leishman
on 2022-11-30 10:52:39 PST
City Attorney Todd Leishman
City of Indian Wells, California
A
Contract No. C44460
EXHIBIT A
STANDARD BILLING RATES
CITY OF LA QUINTA
STAFF AND EQUIPMENT
All rates subject to yearly update
Rates are shown per hour and are billed pro -rated for any portion of an hour.
Rates are established by City Council.
Staff Position
Regular
Overtime
Premium
Rate
Rate
Rate
Public Works Personnel
$167/hr.
$167/hr.
$167/hr.
Contract Traffic Signal
$95/hr.
$138/hr.
$164/hr.
Repair Services
Equipment
Regular
Rate
City Bucket Truck or Service Truck with Message Board
$10/hr.
Contract Traffic Signal Repair Bucket Truck
$32/hr.
10
Contract No. C44460
EXHIBIT "B"
INSTALLATIONS
DESCRIPTION OF SHARED
PERCENT OWNERSHIP
La Quinta
Palm
Indian
MAINTAINED BY
FACILITY AND LOCATION
Desert
Wells
Traffic Signal and Safety
50%
50%
La Quinta
lighting: Washington
Street at Palm Royale
Drive. Cost share for
maintenance and
electricity.
La Quinta
Traffic Signal and Safety
50%
25%
25%
lighting: Washington
Street at Fred Waring
Drive. Cost share for
maintenance and
electricity.
Brya McKinney, P.E.
City Engineer/Public Works Director
City of La Quinta
E-SIGNED by Ken Seumalo
on 2023-01-18 17.21.25 PST
Ken Seumalo, P.E.
Public Works Director
City of Indian Wells
AN-tLI 4IN- I/
Martin Alvarez (Nov 23, 2022 15:51 PST)
Public Works Director
City of Palm Desert
11
Claua r�
Date
January 18, 2023
Date
Nov 23, 2022
Date
C44460 Cooperative Agreement
Final Audit Report
Created: 2022-11-23
By: M. Gloria Sanchez (gsanchez@cityofpalmdesert.org)
Status: Signed
Transaction ID: CBJCHBCAABAAQSBNMijbXh863gx9VexcXbUnfZUWnZbz
"C44460 Cooperative Agreement" History
Document created by M. Gloria Sanchez (gsanchez@cjtyofpaimdesert.org)
2022-11-23 - 9:18:15 PM GMT- IP address: 64.60.5.80
2022-11-28
Document emailed to Martin Alvarez (malvarez@cityofpalmdesert.org) for signature
2022-11-23 - 9:21:43 PM GMT
Email viewed by Martin Alvarez (malvarez@cityofpalmdesert.org)
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Document e-signed by Martin Alvarez (malvarez@cityofpalmdesert.org)
Signature Date: 2022-11-23 - 11:51:56 PM GMT - Time Source: server- IP address: 47.158.114.56
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Signer robert.hargreaves@bbklaw.com entered name at signing as Robert Hargreaves
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Document e-signed by Robert Hargreaves (robert.hargreaves@bbklaw.com)
Signature Date: 2022-11-28 - 2:59:02 PM GMT - Time Source: server- IP address: 74.116.243.2
Document emailed to Todd Hileman (thileman@cityofpalmdesert.org) for signature
2022-11-28 - 2:59:03 PM GMT
iit. Email viewed by Todd Hileman (thileman@cityofpalmdesert.org)
2022-11-28 - 2:59A3 PM GMT- IP address: 146.75.142.1
Document e-signed by Todd Hileman (thileman@cityofpalmdesert.org)
Signature Date: 2022-11-28 - 5:47:01 PM GMT - Time Source: server- IP address: 64.60.5.80
a Adobe Acrobat Sign
Document emailed to Anthony Mejia (amejia@cityofpalmdesert.org) for signature
2022-11-28 - 5:47:02 PM GMT
Email viewed by Anthony Mejia (amejia@cityofpalmdesert.org)
2022-11-28 - 5:51:46 PM GMT- IP address: 45.41.142.51
Document e-signed by Anthony Mejia (amejia@cityofpalmdesert.org)
Signature Date: 2022-11-28 - 5:51:54 PM GMT - Time Source: server- IP address: 64.60.5.80
Agreement completed.
2022-11-28 - 5:51:54 PM GMT
0 Adobe Acrobat Sign
CONSENT CALENDAR ITEM NO. 10
City of La Quinta
CITY COUNCIL MEETING: August 2, 2022
STAFF REPORT
AGENDA TITLE. APPROVE COOPERATIVE AGREEMENT WITH CITIES OF PALM
DESERT AND INDIAN WELLS FOR THE OPERATION AND MAINTENANCE OF
SHARED TRAFFIC SIGNALS AND SAFETY LIGHTING
RECOMMENDATION
Approve a Cooperative Agreement with the Cities of Palm Desert and Indian
Wells for the operation and maintenance of shared traffic signals and safety
lighting; and authorize the City Manager to finalize and execute the
agreement.
EXECUTIVE SUMMARY
• The Cooperative Agreement (Agreement) with the cities of Palm Desert
and Indian Wells (Attachment 1) provides for the City of La Quinta to
operate and maintain shared traffic signals and safety lighting within
two shared intersection jurisdictions.
• The City of Palm Desert currently operates and maintains the traffic
signal and safety lighting at the shared intersections of Washington
Street at Fred Waring Drive, and Palm Royale Drive at Fred Waring
Drive.
• Per the Agreement, the City of La Quinta will oversee the operation and
maintenance of the traffic signal and safety lighting at the two shared
intersections.
• The Agreement outlines the specific maintenance operation items, cost
share per jurisdiction, and billing rates. Maintenance of fiber facilities is
not included.
FISCAL IMPACT
The cost share breakdown for maintenance and operation of the two
intersections is as follows:
195
PERCENT OWNERSHIP
MAINTAINED
DESCRIPTION OF SHARED
La
Palm
Indian
BY
FACILITY AND LOCATION
Quinta
Desert
Wells
Traffic Signal and Safety lighting:
50%
50%
La Quinta
Washington Street at Palm Royale
Drive. Cost share for maintenance
and electricity.
La Quinta
Traffic Signal and Safety lighting:
50%
25%
25%
Washington Street at Fred Waring
Drive. Cost share for maintenance
and electricity.
BACKGROUND/ANALYSIS
The cities of La Quinta, Palm Desert and Indian Wells have partnered to share
the cost of traffic signal and safety lighting maintenance and operations at
shared jurisdiction intersections. Currently, the City of Palm Desert operates
and maintains the traffic signal and safety lighting at the shared intersections
of Washington Street at Fred Waring Drive and Palm Royale Drive at Fred
Waring Drive.
Per the Agreement, La Quinta will now be responsible for providing 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 installations.
Palm Desert and Indian Wells will reimburse La Quinta for the maintenance
and operational costs per the percent ownership of each intersection, at the
rates included in the Agreement. This Agreement does not include
maintenance of fiber optics lines, and all fiber facilities shall be maintained by
their respective cities.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1. Cooperative Agreement
196