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HomeMy WebLinkAbout00948 - CALTRANS STATE PEDESTRIAN CROSSWALK SIGNAL CAMINO REAL HWY 111 08-Riv-111 50. 5 08357 - 910024-5956111 • On Rte 111 at Camino Real District Agreement No. State of Calif - Pedestrian Signal & Crosswalk, Camino Real & 111 AGREEMENT #948 (Original 7-11-73) Res 10767, 7-11-73 THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF 1973 BY AND BETWEEN CITY OF PALM SPRINGS a body politic and a municipal corporation of • the State of California, hereinafter referred to as "CITY" AND STATE OF CALIFORNIA acting by and through its Business and Transportation Agency, Department of Public Works, Division of H.Igh�jays, hereinafter referred to as "STATE" • r f� • • • Page 2 WHEREAS, STATE and CITY contemplate modification of traffic control signal • system to provide for pedestrian signal indications on Route 111 (Palm Canyon Drive) at Camino Real, all of which is situated within the City of Palm Springs, and desire to specify herein the terms and conditions under which said system is to be modified, financed and maintained. NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: SECTION I STATE AGREES: (1) To modify the traffic control signal system hereinbefore mentioned, by its own forces. • (2) To bear the entire expense of preparation of plans and specifica- tions, and STATE'S share of construction engineering costs included all direct and indirect costs (functional and administrative overhead assess- ment) attributable to such work applied in accordance with STATE'S stan- dard accounting procedures and construction costs required to complete the modification referred Lo herein, such share to be a sum bearing the same proportion to the total cost of modification of the traffic control signal system, as the number of legs of highways under jurisdiction of STATE at the intersection involved bears to the total number of legs or highways at sur�'.i intersection. (3) To maint,) n and operate the entire traffic control signal system • as modified. • • Page 3 SECTION II CITY AGREES: (1) To deposit with STATE within 30 days of receipt of billing therefore (which billing will be forwarded immediately following completion of aforesaid modification), the amount of $1,500, which figure represents CITY'S estimated share of construction engineering costs and construction costs required to complete the modification referred to herein. The actual amount of CITY'S share of construction engineering costs including all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE'S standard accounting procedures and construction costs will be determined after completion of work and a financial statement made upon final accounting of costs . Said share will be a sum bearing the same proportion to the total cost of modification of the traffic control signal system as the number of legs of highways under jurisdiction of CITY at the intersection involved, bears to the total number of legs of highways at such intersection. (2) To reimburse STATE for CITY proportionate share of the cost of maintenance and operation of said traffic control signal system, such share to be determined in the manner provided in that Agreement for main- tenance of State highways within the CITY, which is in effect at the 'Lime said costs are Incurred, or if no such agreement exists, such share to be a sum bearing tnc same proportion to the total cost of maintenance and operation of id traffic control signal system as the number of legs of highways under jurisdiction of the CITY bears to the total number of 1=gs of highway at such intersection. . • '� i 0 Page 4 SECTION III It is mutually understood and agreed: (1) That obligations of STATE under terms of this Agreement are subject to the allocation of funds by the California Highway Commission. (2) That neither STATE 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (3) That neither CITY 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 STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of i,ything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to C-TY under this Agreement. (4) That, should any portion of the project be financed with Federal Funds or State Gas Tax Funds, all appli.cahle procedures and policies • .�- i • _ , • �� �, ' Page 5 relating to the use of such funds shall apply notwithstanding other pro- visions of this Agreement. (5) That if at any time it is determined that any portion of the total eligible project costs are to be financed from TOPICS funds, the State share will be based on the sum of participating items remaining after the TOPICS funds have been deducted. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first here- inabove written. STATE OF CALIFORNIA CITY OF PALM SPRINGS Department of Public Works Division of Highways � , R. J. DATEL H State Highway E gi7r,er .Attest:By it City Clerk District irector of Transpo tation Approved as to Form and /Procedure: y Attorney APPROVED BY THE CITY COUNCIL BY RES. NO. 10767, 7-11-73 •