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Home My WebLink AboutC33220 - Oprtn-Maint of Trffc Sgnl and Sfty Lightng Contract No. C 33220 CITY OF PALM DESERT _ � PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AUTHORIZE THE MAYOR TO EXECUTE THE COOPERATIVE AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL AND SAFETY LIGHTING BETWEEN THE CITY OF PALM DESEST AND THE CITY OF LA QUINTA FOR THE TRAFFIC SIGNAL AT WASHINGTON STREET AND MOUNTAIN VIEW/PALM ROYALE DRIVE SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: January 9, 2014 CONTENTS: Agreement Recommendation By Minute Motion, authorize the Mayor to execute the Cooperative Agreement for Operation and Maintenance of Traffic Signal and Safety Lighting between the City of Palm Desert and the City of La Quinta for the Traffic Signal at Washington Street and Mountain View/Palm Royale Drive Backqround The cites of La Quinta and Palm Desert jointly own the traffic signals and safety lighting located at Washington Street and Mountain View/Palm Royale Drive. Both cities desire to arrange for the ongoing operation and maintenance of the traffic signal installation and to jointly share the cost. The traffic signal is currently being maintained by the City of Palm Desert, but there is not an agreement to share cost between the two cities. The new agreement outlines the minimum maintenance requirements, establishes the operating procedures, delineates the ownership percentage of the intersection, and establishes the City of Palm Desert billing rates. The agreement will commence immediately upon its execution and remain in force until terminated by either party upon 30 days written notice. The agreement has been reviewed and approved by both Palm Desert and La Quinta City Attorneys, and the agreement has been signed by the City of La Quinta. Contract N0. C33220 Staff Report Agreement with La Quinta for Traffic Signal Operation and Maintenance January 9, 2014 Page 2 of 2 Fiscal Analysis It is estimated that La Quinta will reimburse the City of Palm Desert approximately $2,000 annually for the shared traffic signal we maintain on their behalf. Prepared By: Dep Head: � � � Mar S. Dierc , .E Mark G e nwood, P.E. Transportatio neer Director o Public Works � �� 1 Paul G� on C1TY COUNCILACTION Direct r of Finance APPROVED � DF,NiED RECEIVED OTHER MEETINC DATE - �a A val: AYES: � > � � NOES: �4Yl� ABSF,NT: � �!�� , , _.�_. ABSTAiN: a h . Wohlmuth, City Manager VERIFIF,D Rv _ �„y��.._.. Original on File with City Clerk's Office d 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 day of , 2013, is between the City of LA QUINTA, a California municipal corporation, referred to herein as "LA QUINTA" and the City of PALM DESERT, a California municipal corporation, referred herein as "PALM DESERT". LA QUINTA 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 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 welf 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 lNSTALLATIONS 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 1 — SCOPE OF SERVICES 1) General Scope of Services: PALM DESERT 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 wi#h the INSTALLATIONS. Routine maintenance services hereunder shatl 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 72500.00001\7919342.1 the event of a signal system failure. PALM DESERT 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 PALM DESERT's current rates and/or PALM DESERT'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. PALM DESERT may update those rates from time to time, and shall provide notice to LA QUINTA of such updated rates. PALM DESERT shall promptly notify LA QUINTA of any work that it has determined constitutes Extra Work before performing such Extra Work. LA QUINTA shall promptly respond and if it agrees that the subject work constitutes Extra Work, will authorize PALM DESERT, in writing, to perform the Extra Work, LA QUINTA shall compensate PALM DESERT for the Extra Work in accordance with this paragraph and PALM DESERT's then current rates. PALM DESERT shall make the final determination whether such work constitutes Extra Work, provided, however, that LA QUINTA 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. 72500.00001\7919342.t Section II -PALM DESERT'S OBLIGATIONS PALM DESERT AGREES: 1) To operate and maintain the INSTALLATIONS IN ACCORDANCE WITH Scope of Services in Section 1,paragraph 1), and to pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the INSTALLATIONS 2) Records: Records for the work provided under this Agreement shall be kept by PALM DESERT and shall include the costs of all services performed. Such records shall be maintained for at teast two (2y years and, upon reasonable notice, shall be made available for inspection by LA QUINTA. Section III -LA QUINTA'S OBLIGATIONS LA QUINTA AGREES: 1) To pay fifty percent t50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the INSTALLATIONS. 2) To pay all of above-referenced amounts within thirty (30) days of receipt of the billing from PALM DESERT therefore. 3) Billing by PALM DESERT 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 PALM DESERT may include all eligible expenses incurred after full execution of this Agreement. All expenses incurred by PALM DESERT prior to full execution of this Agreement shall not be eligible for reimbursement. 5) In the event of a dispute, LA QUINTA shall submit any such dispute in writing to PALM DESERT. The Parties shall endeavor to resolve any such dispute and pay the balance due, if any, within a reasonable period of time. Section IV - GENERAL PROVISIONS 1) Terms and Termination: Once signed by all PARTIES, this Agreement shall rernain in force until terminated in accordance with this section. This Agreement may be terminated by any PARTY hereto upon thirty 130) days written notice to the 72500.00t)01 V919342.1 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 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 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) 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: 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 PALM DESERT shall be vested in PALM DESERT and all materials, equipment, and appurtenances installed in LA QUINTA shall be vested in LA t2UINTA. 72500.00001\7919342.1 9) Neither 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 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 PALM DESERT' 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 PALM DESERT under or in connection with any work, authority or jurisdiction delegated to PALM DESERT under this Agreement. It is also agreed that pursuant to Government Code Section 895.4. 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 PALM DESERT under or in connection with any work, authority or jurisdiction delegated to PALM DESERT under this Agreement except to the extent that such injury results from LA QUINTA's own misconduct or negligence. 1 1) Notices All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing (such as Federal Express or UPS)), sent by telecopier or facsimile ("FAX") machine capable of confirming transmission and receipt, or sent by certified or registered mail, return receipt requested, postage prepaid, to the following parties at the following addresses or numbers: If to "LA QUINTA": City of La Quinta 78-495 Calle Tampico La Quinta, CA 92247-1504 Attn: Public Works Director Tel: (760) 777-7075 Fax: (760) 777-7155 72500.0000117919342.t If to "PALM DESERT": City of PALM DESERT 73-510 Fred Waring Drive PALM DESERT, CA 92260 Attn: Public Works Director Tel: (760) 776-6450 Fax: (760) 341-7098 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); (3) the date of transmission (if sent by facsimile machine}, or; (4) 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. 72500.00001 V919342.1 IN WITNESS WHEREOF, the PARTIES have executed the Agreement as of the dates set forth below. CITY OF LA QUINTA CITY OF PALM DESERT By: By: DONALD OL , Mayor Van G. Tanner, Mayor ATTEST: ATTEST: By. �t,�`�� `�'� �'`�,¢ .��t..� gy; SUSAN MAYSELS, RACHELLE D. KLASSEN, City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: g1(�tEp iN CO�MiTERPART By: By: M. KATHERINE JENSON, DAVID J. ERWIN, City Attorney City Attorney APPROVE AS TO CONTENT: APPROVE AS TfJ CONTENT: , �_ ---- Bv' OTHY . J �ASSON, P.E. MARK GREENWOOD, P.E., Public Wo s ' ector/City Engineer Public Works Director 72500.00001\7919342.1 IN WITNES5� WHEREQF, the PARTIES have executed the Agreement as of the dates set forth below. ' , CITY OF LA QUINTA C1TY OF PALM DESERT , �NED�t CqtJA1T'ERPAqT " . By• �y; DONALD ADOI.PH, Mayor . � � Van G. Tanner, Mayor � ATTEST: ATTEST: sic�v�n�coun�aPa�r � � By: By• SUSAN MAYSELS, RACHEL�E D. KLASSEN, City Clerk Gity Clerk . APPRO�D AS TO M: APPROVED AS TO F(3RM: � / � . By: �' `��._. By: � , ATHERINE J�N N, l DAVlD J. ERWIN, City Attorney City Attarney. ' , APPROVE AS T0 CONTENT: APPROVE AS TO CONTENT: � � B , X� IMOTH R. ONASSON, P.E. � MARK GREENWOOD, P.E., Pubiic Works Director/Cjty Engineer Pubtic Works Directo� . 725�0.0000117919342.1 � � EXHIBIT A STANDARD BILLING RATES CITY OF PALM DESERT STAFF AND EQUIPMENT All rates subject to yearly update Rates are shown per hour and are bilied pro-rated for any portion of an hour. Rates are established by City Councii. ' r �� i��n ��,�� 4 � ,�;y r a �� S'✓ .,.¢i �. �;, . . .. ... . . .. ........�. .. .. . .....,._._... Traffic Signai Technician $ 134/hr. $ 161/hr. Traffic Signal Specialist $ 138/hr. $ 162/hr. Landscape Inspector $ 106/hr. $ 130/hr. ��" �� ¢ z'. ,a�`��' Service Truck $7/hr. Bucket Truck $27/hr. Service Truck with Message Board $ 19/hr. 72500.0000 I 179 I 9342.1 • 4 EXHIBIT "B" INSTALLATIONS MAINTAINED DESCRIPTION OF SHARED PERCENT OWNERSHIP BY FACILITY AND LOCATION LA QUINTA PALM DESERT Palm Desert Traffic Signal and safety 50% 50% lighting: Washington Street at Palm Royale Drive. Cost share for maintenance and electrici 72500.00001\7919342.1