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Home My WebLink AboutA6982 -CALTRANS08-RIV-l 11-54.1 EA: 1H960 Project Number: 0817000172 Agreement 08 - 1647 COOPERATIVE AGREEMENT State SHOP? Minor Funds Contribution This Agreement, effective on (^ i2i^/ 7 , is between the State of California, acting through its D^artment of Transportation, referred to as CALTRANS, and: City of Palm Springs, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY. RECITALS 1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code sections 114 and 130. 2. The term AGREEMENT, as used herein, includes any attachments, exhibits, and amendments. 3. AGREEMENT shall have no force or effect until CITY has obtained an encroachment permit from CALTRANS. 4. CITY intends to construct a Traffic Signal at the intersection of State Route 111 and Via Escuela, in the city of Palm Springs, within the State Highway System and is referred to herein as PROJECT. 5. CITY will follow the CALTRANS encroachment permit process in order to complete the PROJECT. 6. CALTRANS will pay CITY in the amount of $200,000 from SHOPP Minor funds required for PROJECT. 7. PARTIES hereby set forth the terms, covenants, and conditions for CALTRANS' contribution toward the PROJECT. SCOPE 8. CITY is responsible for completing all work for the PROJECT. Page 1 of8 Agreement 1H960 - 1647 9. At no cost to CITY, CALTRANS will perform Quality Management to assure CITY's work is performed in accordance with CALTRANS' current policies, procedures, standards, and practices. INVOICE & PAYMENT 10. CITY will submit to CALTRANS monthly invoices for the prior month's actual expenditures. 11. CALTRANS will pay CITY within 45 (forty-five) calendar days of receipt of invoices. 12. PARTIES agree that the total amount of SHOP? Minor funds paid out to CITY will not exceed $200,000. 13. After PARTIESS agree that all work for PROJECT is complete, CITY will submit a final accounting for all costs. Based on the final accounting, CITY will refund or invoice as necessary in order to satisfy the financial commitment of this Agreement. GENERAL CONDITIONS 14. All obligations of CALTRANS under the terms of this Agreement are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 15. If CITY fails to complete the PROJECT for any reason, CITY shall, at CITY's expense, return the State Highway System right-of-way to its original condition or to a safe and operable condition acceptable to CALTRANS. If CITY fails to do so, CALTRANS reserves the right to finish the work or place the PROJECT in a safe and operable condition. CALTRANS will bill CITY for all expenses incurred and CITY agrees to pay said bill within forty-five (45) days of receipt. 16. If CITY fails to complete the PROJECT for any reason, CITY will refund the full amount of CALTRANS' contribution. 17. CITY will retain all PROJECT related records for four (4) years after the final voucher. Page 2 of 8 Agreement 1H960 - 1647 18. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by the PROJECT or not. HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT. The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively. 19. If HM-1 or HM-2 is found during construction, CITY will immediately notify CALTRANS. 20. CALTRANS, independent of PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to PROJECT schedule. CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-of-way. 21. CITY, independent of PROJECT, is responsible for any HM-1 found within PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake or cause to be undertaken HM-1 MANAGEMENT with minimum impact to PROJECT schedule, CITY, independent of the PROJECT, will pay, or cause to be paid, the cost for HM-1 MANAGEMENT for HM-1 found within PROJECT limits and outside of the existing State Highway System right-of-way. 22. CITY is responsible for HM-2 MANAGEMENT within the PROJECT limits. 23. HM-2 MANAGEMENT costs are PROJECT costs. Page 3 of 8 Agreement 1H960 - 1647 24. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this Agreement. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this Agreement. 25. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub contractors, and/or its agents under this Agreement. 26. If the work performed on PROJECT is done under contract and falls within the Labor Code section 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771 CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. CITY shall require its contractors to include prevailing wage requirements in all subcontracts fimded by this Agreement when the work to be performed by the subcontractor is "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY contracts. 27. This AGREEMENT is intended to be PARTIES final expression and supersedes all prior oral understandings pertaining to PROJECT. 28. Unless otherwise documented in a maintenance agreement, CITY will maintain all PROJECT improvements. Page 4 of 8 Agreement 1H960 - 1647 29. AGREEMENT will terminate upon CALTRANS' acceptance of the PROJECT. However, all indemnification and maintenance articles of AGREEMENT will remain in effect until terminated or modified in writing by mutual agreement. Page 5 of 8 Agreement 1H960 -1647 DEFINITIONS PARTY - Any individual signatory party to this AGREEMENT. PARTIES - The term that collectively references all of the signatory agencies to this AGREEMENT. Page 6 of 8 Agreement 1H960 - 1647 CONTACT INFORMATION The information provided below indicates the primary contact information for each PARTY to AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to AGREEMENT. The primary Agreement contact person for CALTRANS is: Mustapha laali, Project Manager 464 W. 4th Street, 6th Floor (MS-1229) San Bernardino, CA 92401-1400 Office Phone: 909-383-5908 Fax Number: (909) 383-6938 Email: mustapha_iaali@dot.ca.gov The primary Agreement contact person for CITY is: Mr. Marcus L. Fuller, Assistant City Manager/City Engineer 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Office Phone: 760-322-8280 Email: Marcus.fuller@palmspringsca.gov Page 7 of 8 Agreement 1H960 - 1647 SIGNATURES PARTIES declare that: 1. Each PARTY is an authorized legal entity under California state law. 2. Each PARTY has the authority to enter into AGREEMENT. 3. The people signing AGREEMENT have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Bulinski hstrict Director CERTIFIED AS TO FUNDS: Lisa Pacfteco District Budget Manager APPROVED AS TO FORM AND PROCEDUl Meera Danday Deputy Attorney CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: Darwin Salmos HQ Accounting Supervisor CITY OF PALM SPRINGS (David H. Ready City Manager APPROVED BY CITY COUNCtt. ATTEST: 5|'7 Kathleen D. Hart Interim City Clerk APPROVED AS TO FORM AND PROCEDUl Douglas Hnllnnd ^ ^ City Attorney Page 8 of 8 •1^'. .ff.'Zt-: '/o ^lU-i!./.>0:■i'/J) }>■:>} ir iF.f:UiiI rao^jyj:I' lr r:i.-r I :;j-ri-.; /t; «• M i ; ' • J. < ? . t r.; : <1/. i V L'.iiJ:? // | } OF/i V^U.)]>• v)Cj ■Lv ' • J 'li V I V ,i r.jjf lAX ;1\ . / L^'\.i ' v'lH.u fr .1 C.'V /•. • /AV v; ■ -v" -UKh 'Ki/U'/.v, O' JJfV/^tOFJ V j 'vV> / /. -UHtit...I) V it Kr;rj'VbbHOAED BA ClU COHMCr■■-K^-> ■ ■» -.^r.lr (lY. hyV-nj yc L-: ./■:>;• • ^ (}K• ! 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