CONTRACT 1796 OtherAGREEMENT
This Agreement is made and entered into this 6th day of June , 1984
between the City of Manhattan Beach, a Municipal Corporation of the State of
California, hereinafter referred to as "MANHATTAN BEACH" and the City of E1
Segundo, a Municipal Corporation of the State of California, hereinafter
referred to as "EL SEGUNDO", with respect to the following facts:
WHEREAS, MANHATTAN BEACH and EL SEGUNDO desire to provide for the maintenance
and operation of traffic signals, interconnect systems, illuminated street name
signs, and highway safety lighting at roadway intersections which are under the
joint jurisdiction of both Cities, and to arrange for the particular maintenance
and operation functions to be performed, and to specify to each City the
proration of cost of such maintenance;
NOW, THEREFORE, it is mutually agreed as follows:
1. MANHATTAN BEACH will administer the contract to provide traffic signal
maintenance at the roadway intersections shown in Appendix "A" attached.
Contract administration shall include:
(a) Preparation of the traffic signal maintenance specifications and
contract documents, and submit them to El Segundo for their review
and approval,
(b) Advertise for receipt of competitive bids,
(c) Based on an analysis of the submitted proposals and contractors'
qualifications prepare a recommendation to award a contract,
(d) With the concurrence of EL SEGUNDO execute an Agreement with a
contractor to perform the traffic signal maintenance operations,
(e) Periodically inspect the maintenance performance of the contractor,
(f) Negotiate with the Contractor, and with the prior concurrence of EL
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SEGUNDO, execute contract change orders, and
(g) Verify contractors extraordinary maintenance charges.
(h) Proposed revisions to the established interval of time allocated to
a traffic cycle phase(s) at any of the traffic signal installations
shown in Appendix "A" shall not be implemented without the prior
concurrence of E1 -Segundo.
2. For each roadway intersection shown in Appendix "A", the parties hereto
shall share in the routine and extraordinary maintenance expense of the
traffic signals, interconnect systems, illuminated street name signs, and
highway safety lighting in the same proportion that the number of ap-
proaches or percentages of approaches under their respective jurisdiction
bears to the total number of approaches entering said intersection.
3. Traffic signals, interconnect systems, illuminated street name signs,
or highway safety lighting may be added or deleted from Appendix "A" under
the terms of this Agreement by stipulating in subsequent agreements or by
written approval of the respective Directors of Public Works for E1
Segundo and Manhattan Beach. The same approval procedure shall be used to
revise each agency's share of the cost of maintenance as required by sub-
sequent revisions to the jurisdictional boundaries at a particular inter-
section.
4. Bills for traffic signal routine and extraordinary maintenance shall be
submitted to EL SEGUNDO monthly. Highway safety lighting, traffic signal
operation, illuminated street name sign electrical energy costs and
traffic signal interconnect system charges shall be invoiced on a bi-
monthly basis.
5. The MANHATTAN BEACH Agreement with the Contractor to maintain traffic sig-
nal installations under the joint jurisdiction of MANHATTAN BEACH and EL
SEGUNDO shall contain provisions holding both Cities' elective and ap-
pointive boards, officers, agents, and employees harmless from any lia-
da
bility for damage or claims for damage for personal injury, including
death, as well as from claims for property damage which may arise from
Contractor's or any subcontractor's operations under the traffic signal
maintenance agreement, whether such operations be by Contractor or by any
subcontractor, or subcontractors, or by any one or more persons directly
or indirectly employed by, or acting as agent for, Contractor or subcon-
tractor or subcontractors. The MANHATTAN BEACH/Contractor Traffic Signal
Maintenance Agreement shall also provide that the Contractor shall defend
both Cities' elective and appointive boards, officers, agents, and em-
ployees from any suits or action at law or in equity for damages caused,
or alleged to have been caused, by reason of any of the Contractor's
traffic signal maintenance operations. It is understood and agreed that
neither EL SEGUNDO, nor any officer or employee thereof is responsible
for any damage or liability occurring by reason of anything done or
omitted to be done by MANHATTAN BEACH under or in connection with any
maintenance performed by the Contractor or by MANHATTAN BEACH. It is
also understood and agreed that, pursuant to Government Code Section 895.4
MANHATTAN BEACH shall defend, indemnify and save harmless EL SEGUNDO, all
officers and employees from all claims, suits, or actions of every name,
kind, and description brought for or in account of injuries to or death
of any person or damage to property resulting from anything done or
omitted to be done by MANHATTAN BEACH under or in connection with any work
under this Agreement except as otherwise provided by Statute.
It is understood and agreed that neither MANHATTAN BEACH, nor any officer
or employee thereof is responsible for any damage or liability occurring
by reason of anything done by EL SEGUNDO under or in connection with any
maintenance performed by the Contractor or by EL SEGUNDO. It is also
understood and agreed that, pursuant to Government Code Section 895.4,
EL SEGUNDO shall defend, indemnify, and save harmless MANHATTAN BEACH, all
officers and employees from all claims, suits or action of every name,
kind and description brought for or in account of injuries to or death of
any person or damage to property resulting from anything done or omitted
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to be done by EL SEGUNDO under or in connection with any work under this
Agreement except as otherwise provided by Statute.
6. This Agreement shall supersede all prior MANHATTAN BEACH/EL SEGUNDO agree-
ments regarding the maintenance of traffic signals, illuminated street
name signs, highway safety lighting, and traffic signal interconnect
systems.
7. This Agreement shall become effective as of 12:01 A.M., July 1, 1984 and
may be terminated upon sixty (60) days written notice by either City.
The written notice shall be served and delivered via certified or
registered mail by the United States Postal Service, or by personal
delivery.
IN WITNESS WHEREOF, MANHATTAN BEACH has caused this Agreement to be
executed by its Mayor and attested by its City Clerk, and EL SEGUNDO has caused
this Agreement to be executed by its Mayor and attested by its City Clerk, the
day and year hereinabove written.
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ATTEST: CITY OF MANHATTAN BEACH
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C ty Clerk May—
(Seal)
ay -
(Seal)
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
(Seal)
Ci y Attorney
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CITY OF EL SEGUNDO
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