HomeMy WebLinkAbout01013 - CALTRANS STATE TRAFFIC SIGNAL LIGHTING HWY 111 TACHEVAH VIA LOLA 08-Riv-111-53. 3/53. 4
083 161401
On I e III at Tachevah
Dr - Via Lola
PLEASE RETURN THIS COPY District Agreement. No,
TO CITY CLERK.
State Div of Hwys-Traffic Signal &
Lighting at III-Tachevah-Via Lola
AGREEMENT #1013 (Original 11-28-73
Res #10932, 11-28-73
THIS AGREEMENT, MADE AND ENTERED INTO THIS
DAY OFVa
BY AND BETWEEN
CITY OF PARK SPRINGS
a body polltic 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
Transportation, hereinafter
referred to as "STATE"
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WHEREAS, STATE and CITY contemplate installation of traffic control
signal system and safety lighting on Route III (Palm Canyon Drive)
at Tachevah Drive - Via Lola, 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 installed, 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 install the traffic control signal system and safety
lighting hereinbefore mentioned, through construction by
contracts with construction contractors licensed by the State
of California, said contracts to be carried out in accordance
with provisions of the State Contract Act , Chapter 3 , Part 5 ,
Division 3 , Title 2 of. the Government Code, and work completed
in conformity with plans and specifications of STATE,
(2) To bear the entire expense of preparation of plans and
specifications, and ST_ATE ' S share of construction engineering
costs included 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 required to complete the installation
referred to herein, such share to be a sum bearing the same pro-
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portion to the total cost of installation of the traffic control
signal system and safety lighting as the number of legs of high-
ways under jurisdiction of STATE at the intersection involved
bears to the total number of legs of highways at such. intersection.
(3) To maintain and operate the entire traffic control signal
system and safety lighting as installed.
SECTION II
CITY AGREES:
(1) To deposit with STATE within 30 days of receipt of billing
therefore (which billing will be forwarded immediately following
STATE ' S bid advertising date of a construction contract for the
aforesaid installation) , the amount of $23 ,000, which figure
represents CITY' S estimated share of construction engineering
costs and construction costs required to complete the installa-
tion 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. settlement made upon final accounting of
costs. Said share will be a sum bearing the same, proportion
to the total cost of installation of the traffic control signal
system and safety lighting 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.
d
Page 4
(2) To reimburse STATE for CITY proportionate share of the
cost of maintenance and operation of said traffic control
signal system and/or safety lighting, such share to b`e
determined in the manner provided in that Agreement for
Maintenance of State highways within the CITY which is in
effect at the time said costs are incurred, or if no such
agreement exists, such share to be a sum bearing the same
proportion to the total cost of maintenance and operation of
said traffic control signal. system and/or safety lighting as
the number• of legs of highways under jurisdiction of the CITY
bears to the total number of .legs of highways at such inter-
section,
(3) To furnish the necessary right of way unless otherwise
provided for and to certify to STATE that the right of way is
owned by CITY or that CITY has Right of Entry to do work.
(4) To assume responsibility for removal and/or relocation of
any utility facilities that may interfere with the installation
of traffic control signal system and safety lighting,
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
Page 5
by reason of anything done or omitted to be done by CITY
under or in connection with any work, authority or juris-
diction 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 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.
(4) That, should any portion of the project be financed
with Federal Funds or State Gas Tax Funds all applicable
Page 6
procedures and policies relating to the use of such funds
shall apply notwithstanding other provisions of this
Agreement.
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 hereinabove written.
STATE OF CALIFORNIA CITY OF PALM SPRINGS
Department of Transportation
R . J . DATEL By
„ .:
State Highway Engineer
By_ I/� /�� �cd Att '��
Distric Director City Clerk
Approved as to Form
and Procedure:
�"� y Amttorney ��
APPROVED BY TBE CITY COUNCIL
BY Res. No. 10932, 11-26-•73.
o
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