HomeMy WebLinkAboutA6913 - CALIFORNIA, STATE OF - FREEWAY MAINT. 08-RIV-10-PM 32.9/36.1
FREEWAY MAINTENANCE
AGREEMENT
WITH
CITY OF PALM SPRINGS
THIS AGREEMENT is made effective this 13� day of OV be✓ , 2016, by and
between the State of California, acting by and through the Department of Transportation,
hereinafter referred to as"STATE"and the City of Palm Springs;hereinafter referred to as"CITY"
and collectively referred to as "PARTIES".
SECTION I
RECITALS
1. WHEREAS, on May 18, 2016 a Freeway Agreement was executed between CITY and
STATE, wherein the PARTIES consented to certain adjustments of the local street and road
system required for the development of that portion of Interstate 10 (I-10) within the
jurisdictional limits of the CITY as a freeway; and
2. WHEREAS, on July 23, 1962 a Freeway Agreement and on August 9, 1965 a Second
Supplemental Freeway Agreement were executed between County of Riverside (COUNTY)
and STATE, wherein COUNTY consented to certain adjustments of the local street and road
system required for the development of that portion of Interstate 10 (I-10) within the
jurisdictional limits of the COUNTY as a freeway, and CITY has annexed areas within the
COUNTY and assumed the obligation of maintenance from the COUNTY; and
3. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing
completion, and the PARTIES hereto mutually desire to identify the maintenance
responsibilities for improvements to separation structures and landscaped areas lying within
those modified freeway limits; and
4. The degree or extent of maintenance work to be performed, and the standards therefore, shall
be in accordance with the provisions of Section 27 of the Streets and Highways Code and the
then current edition of the State Maintenance Manual.
5. WHEREAS,pursuant to Section 6 of the above May 18, 2016 Freeway Agreement, CITY has
resumed or will resume control and maintenance over each of the affected relocated or
reconstructed CITY streets, except for those portions adopted as a part of the freeway proper;
and
6. WHEREAS, on June 24, 1986 a Freeway Maintenance Agreement (FMA) was executed
between County of Riverside(COUNTY)and STATE, and the CITY has annexed areas within
the COUNTY and thereby assumed the obligations of maintenance from the COUNTY within
the annexed areas under said FMA; and
7. WHEREAS, new improvements have been constructed in accordance with Cooperative
Agreement# 8-1433 (IMPROVEMENTS)within CITY limits, PARTIES now desire to define
the maintenance responsibilities for said IMPROVEMENTS.
1
08-RIV-10-PM 32.9/36.1
NOW THEREFORE IT IS AGREED:
SECTION II
AGREEMENT
1. CITY agrees to continue their control and maintenance of each of the affected relocated or
reconstructed CITY streets and roads as shown on that plan map attached hereto, marked
Exhibit A, and made a part hereof by this reference.
2. STATE agrees to continue control and maintenance of those portions adopted as a part of I-10
Freeway proper as shown in Exhibit A.
3. The CITY will assume maintenance responsibilities on individual infrastructure items as
provided in Exhibit C attached and made a part of this Agreement by reference, as long as it is
not in conflict with the terms of this Agreement. In case of a conflict, the terms of this
Agreement shall prevail.
4. If there is mutual agreement on the change in the maintenance duties between PARTIES, the
PARTIES can revise Exhibit C by a mutual written execution of Exhibit A and C.
5. When another planned future improvement has been constructed and/or a minor revision has
been effected within the limits of the freeway herein described which will affect the PARTIES'
division of maintenance responsibility as described herein, STATE will provide a new dated
and revised Exhibit A which will thereafter supersede the attached original Exhibit A and
become part of this Agreement.
6. CITY and STATE agree to accept their then respective operational and maintenance
responsibilities and related associated costs thereof in the event jurisdictional boundaries of
the PARTIES should change and Exhibit A is amended to reflect those changes.
7. CITY must obtain the necessary Encroachment Permits from STATE's District 08
Encroachment Permit Office prior to entering STATE right of way to perform CITY
maintenance responsibilities. This permit will be issued at no cost to CITY.
8. VEHICULAR AND PEDESTRIAN OVERCROSSINGS
8.1. STATE will maintain, at STATE expense, the entire structure of any STATE constructed
vehicular and pedestrian overcrossings of I-10 below the deck wearing surface and any
wearing surface treatment thereon.
8.2. CITY will maintain, at CITY expense, the deck wearing surface and structural drainage
system (and shall perform such work as may be necessary to ensure an impervious and/or
otherwise suitable surface) and all portions of the structure above the bridge deck,
including, but without limitation, lighting installations, as well as all traffic service
facilities(sidewalks, signs,pavement markings,bridge rails, etc.)that may be required for
the benefit or control of traffic using that overcrossing.
2
08-RIV-10-PM 32.9/36.1
8.3. As directed by section 92.6 of the Streets and Highways Code, at locations determined by
STATE, screening shall be placed on STATE freeway overpasses on which pedestrians
are allowed. All screens installed under this program will be maintained by STATE, at
STATE expense.
9. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
10.1 STATE will maintain the entire structure of all STATE-constructed vehicular and
pedestrian undercrossings of STATE freeways except as hereinafter provided.
10.2 CITY will be maintain the roadway sections,including the traveled way, shoulders,curbs,
sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting
installations and traffic service facilities that may be required for the benefit or control of
traffic using that undercrossing.
10.3 CITY will request STATE's District Encroachment Permit Engineer to issue the
necessary Encroachment Permit for any proposed change in minimum vertical clearances
between CITY roadway surface and the structure that results from modifications to the
roadway (except when said modifications are made by STATE). If the planned
modifications will result in a reduction in the minimum clearance within the traveled way,
an estimate of the clearance reduction must be provided to STATE's Transportation
Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance
diagram will be furnished to STATE's Transportation Permit Engineer that shows revised
minimum clearances for all affected movements of traffic,both at the edges of the traveled
way and at points of minimum clearance within the traveled way.
10. WALLS AND COLUMNS — CITY is responsible for debris removal, cleaning, and painting
to keep CITY's side of any wall structure or column free of debris, dirt, and graffiti.
11. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other
types of roadside development lying outside of the fenced right of way area reserved for
exclusive freeway use.
12. INTERCHANGE OPERATON- It is STATE's responsibility to provide efficient operation of
freeway interchanges, including ramp connections to local streets and roads.
13. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES
13.L The cost of installation, operation, maintenance, repairs, replacement and energy costs
of safety lighting, traffic signals or other necessary electrically operated traffic control
devices placed at interchanges of I-10 Freeway and CITY streets and roads and at ramp
connections or I-10 and CITY facilities shall be shared by the PARTIES in a separate
Shared Cost Electrical Agreement. A separate "Shared Cost Electrical Agreement" will
be executed in the future allocating these costs between the PARTIES.
13.2. Timing of traffic signals, which shall be coordinated with CITY to the extent that no
conflict is created with freeway operations, shall be the sole responsibility of STATE.
3
08-RIV-IO-PM 32.9/36.1
14. BICYCLE PATHS - Except for bicycle paths constructed as permitted encroachments within
STATE's right of way for which the permittee is solely responsible for all path improvements,
STATE will maintain, at STATE expense, all fences, guard railing, drainage facilities, slope
and structural adequacy of any bicycle path located and constructed within STATE's right of
way. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire
length of the path by providing sweeping and debris removal when necessary; and all signing
and striping and pavement markings required for the direction and operation of that non-
motorized facility.
15. LEGAL RELATIONS AND RESPONSIBILITIES
15.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not PARTIES to this Agreement or to affect the
legal liability of a PARTY to the Agreement by imposing any standard of care with respect
to the operation and maintenance of STATE highways and local facilities different from
the standard of care imposed by law.
15.2. 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 STATE, under
or in connection with any work, authority or jurisdiction conferred upon STATE and
arising under this Agreement. It is understood and agreed that STATE shall fully 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, including, but
not limited to, tortious, contractual, inverse condemnation and other theories or assertions
of liability occurring by reason of anything done or omitted to be done by STATE under
this Agreement.
15.3. Neither STATE 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 under or
in connection with any work, authority or jurisdiction conferred upon CITY and arising
under this Agreement. It is understood and agreed that CITY shall fully defend,indemnify
and save harmless STATE and all of its officers and employees from all claims, suits or
actions of every name,kind and description brought forth under,including,but not limited
to, tortious, contractual, inverse condemnation or other theories or assertions of liability
occurring by reason of anything done or omitted to be done by CITY under this
Agreement.
16. PREVAILING WAGES:
16.L Labor Code Compliance- If the work performed on this Project is done under contract
and falls within the Labor Code section 1720(a)(1) definition of a "public work" 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.
4
08-RIV-10-PM 32.9/36.1
16.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing
wage requirements in all subcontracts funded by this Agreement when the work to be
performed by the subcontractor is a "public work" 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's contracts.
17. INSURANCE
17.1. SELF-INSURED-CITY is self-insured.CITY agrees to deliver evidence of self-insured
coverage providing general liability insurance, coverage of bodily injury liability and
property damage liability, naming the STATE, its officers, agents and employees as the
additional insured in an amount of$1 million per occurrence and $2 million in aggregate
and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a
form satisfactory to the STATE that shall be delivered to the STATE with a signed copy
of this Agreement.
17.2. SELF-INSURED using Contractor- If the work performed under this Agreement is done
by CITY's contractor(s), CITY shall require its contractor(s) to maintain in force, during
the term of this agreement, a policy of general liability insurance, including coverage of
bodily injury liability and property damage liability, naming the STATE, its officers,
agents and employees as the additional insured in an amount of$1 million per occurrence
and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a
certificate of insurance in a form satisfactory to the STATE and shall be delivered to the
STATE with a signed copy of this Agreement.
18. TERMINATION - This Agreement may be terminated by timely mutual written consent by
PARTIES, and CITY's failure to comply with the provisions of this Agreement may be
grounds for a Notice of Termination by STATE.
19. TERM OF AGREEMENT-This Agreement shall become effective on the date first shown on
its face sheet and shall remain in full force and effect until amended or terminated at any time
upon mutual consent of the PARTIES or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this
Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf
of the respective agencies and covenants to have followed all the necessary legal requirements to
validly execute this Agreement.
5
09-RIV-10-PM 32.9/36.1
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first
above written.
THE CITY OF PALM SPRINGS STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
7By. MALCOLM DOUGHERTY
avid H. Ready Director of Transportation
City Manager *By:
Stephen . Pusey
APPROVED 13Y CITY COUNCIL Deputy District Director
4 ��Y/'1 OA-w .Abmi, Maintenance, District 08
APROVED AS TO FORM: AS TO FORM AND PROCEDURE:
By: By:
Dougl olland Attorney
City Ittorney Department of Transport n
ATTEST:
c
B :
James Thompson
City Clerk
6
EXHIBIT "A"
DELEGATION OF MAINTENANCE
Plan map identifying the applicable 1-10 Freeway proper and CITY
road(s) and facilities
DIST COUNTY ROUTE POST MILE SHEET TOTAL
No. SHEETS
00 Riv 10 32.9136.1 1 4
LOCATION 2
INDIAN CANYON DRIVE OC
PM 33.1
LOCATION 1 DESERT HOT SPRINGS
GARNETT AVENUE INTERSECTION
PM 32.9
70
PALM SPRINGS
CATHEDRAL CITY
LOCATION 3
PALM DRIVE OC
PM 36.1
FREEWAY MAINTENANCE AGREEMENT
EXHIBIT 'A'
SHEET 1 OF I
DIST OOUEITY ROUTE POST MILE SHEET TOTAL
No. SHEETS
08 Riv 10 32.9 1 2 1 4
0
a
STATE R/W
A �
STATE R/W
GARNETT AVENUE
STATE R/W
LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W LIMITSS
TO BE MAINTAINED BY CITY OF PALM SPRINGS
LOCATION 1 GARNETT AVENUE INTERSECTION EXHIBIT 'A'
NO SCALE SHEET 2 OF 4
i
GIST COUNTY ROUTE POST MILE SHEET TOTAL
No. SHEETS
08 Riv 10 33.1 3 4
n
A for
z m N F
G) w
N m
A
2
O \
1 \
STATE R/W
A STATE R'W \
z
INDIAN CANYON DR OVERCROSSING
BRIDGE NO. 56.0843 J
z
0
n
z
D I-70 VVS
z
0
z
0 I'70 pU
m
STATE R/W
DESERT HOT S
CITY LIMITS �•�•
PA LM SPRINGS
STAif R/W
LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W LIMITS
TO BE MAINTAINED BY CITY OF PALM SPRINGS
EXHIBIT 'A'
LOCATION 4 INDIAN CANYON DRIVE OVf RCROSSING
NO SCALE SHEET 3 OF 4
D15T COLRITY ROUTE POST MILE SHLaEET SHEETS
OS RIv 1 10 1 36.1 1 4 4
°
N n
m
� m
o °
a p
� f
i � � STATE R/W
i
1
STATE R/W
it
G
PALM DRIVE OVERCROSSING
BRIDGE NO. 56.0832
A� ?� 140 WB
Z °71
..... .. f
A � 1-10 EB
200' _.__. . . ...... _.._-----.._..._._... C' 200'
J.
DESERT HOT SPRINGS -------- CATHEDRAL CITY-_ _ ___ _____
PALM SPRINGS PALM SPRINGS
C STATE R/W
Z
T7G
FA
STATE R/W
CITY LIMITS �•�•
LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W LIMITS
TO BE MAINTAINED BY CITY OF PALM SPRINGS
LOCATION 3 PALM DRIVE OVERCROSSING EXHIBIT 'A'
NO SCALE SHEET 4 Of 4
EXHIBIT "B"
This page is intentionally left blank.
EXHIBIT"C"
ADDITIONAL NON-STANDARD FEATURES
TO BE
MAINTAINED BY CITY
Exhibit C includes:
C-I Indian Canyon Drive - Aesthetic Photo
C-2 Indian Canyon Drive - Aesthetic Overview
C-3 Indian Canyon Drive - "Desert Hot Springs" Script& Chain Link Railing
Details
C-4 Indian Canyon Drive - "Palm Springs" Script & Chain Link Railing Details
4
4Y
---------------------
q uA IM_
y awe
i
INDIAN CANYON DRIVE OVERCROSSING
EXHIBIT 'C-1'
SHEET 1 OF 4
' OISi COUNTY ROUTE POST NILE SHE N" T SHEETS
08 Riv 10 33.E 2 4
MTh
1 yt,
STATE RAW m
y m STATE Rr'W
r m
3 A
N 0
� O
A y
Z N
(ll A
Z
L7
N
INDIAN CANYON DR OVERCROSSING
BRIDGE NO. 56.0843
Z
0
n
z
1-10 gB ---- _ . C7
n
z
— <
o
1-10 E8 Z _
SCRIPT SIGN&RAILING DETAIL
SEE SHEET 3 &4
STATE R/W
DESERT HO�T�gPR�ING �
PpLMM sPR�S STATE R/W
CITY LIMITS ■�•
LOCATION 1 INDIAN CANYON DRIVE OVERCROSSING EXHIBIT'(-2'
NO SCALE AESTHETIC OVERVIEW SHEET 2 OF 4
111a111 - NIMM NI {.1
M N.. Is IUMNN..rn �aiw Sf'.ti5 eearN
-
.-
ELEVATION - SCRIPT LETTERS
a..¢
DESERT HOT SPRINGS - SCRIPT DETAILS
YG `{' wl.°1�el:ln` ...wr m-•[ w � I. a..Y
FNI
W.li T• iw'lMbnNNT'.ry. I.,w..ti•�a.. m. � at
•"�
• LIw.N.I f.]�[w! ;- l�"��M.Ae.an ra a..vm.m 1
,"�Mr ^.w.E'9�'M�"�..`''•^n��Y M dI—
wr w Im• �-1?]�m.e1°'{..+°.i ti�:.r®e° P +}rr•�Im.W nw. �.o^M. 'Ns
w'S'4' + r]«w rrrl.r.I.wrr. L.I...n."��"a6571'.'?V�lsr.�..s.%w..�rW .. ....�..•Y
- i "':.«li,•�W;�'°"�. IJ ]el.a {�� SECTION 1-1 1i s°r
I I .T e.fa..a�YIL 1 b Nt.IN.-. a �
�L Iw.N.IA I�� r.w Ya..MLtl°'� °.In �eV` r M'n.✓T"w
I n Nd»a .n rn "` ® .' •�.M.la. .•err r.r...r.�-u]�..
DETAIL A
lF�.w �se+...rl. ¢ TE Iy�i"E SECTIONECT:ON B-3-3 'm
eb A .NON L =r. ro~
l] Ills�Im ppn I["n M Y'Nia r 'R Yb
�
JI {� /� Ft ]
SECTION E-E lv w irl°a a i°iw f I Q
.I.IIs° VMP W.I.ILI.I,q.. .la I�: .nro. wIF pF r.v. 4
Nib.W t.l a LI
ELEVATION
" -�M •'" .w� a .°ewe iln :r.......�
CI
.e...a...]•.�Lnb mrr r.�..m".�.w r �.w�. nranLw e. ..:w 7YP:CAL SECT:]N
SPLICE JOINT DETAIL SECTION D-D""°'�"x' DETAIL [ OETAIL
u r7fr°1W.n'.a.ar Nw
MO IO..M
ITATL�OFtLLIFONKA ""+, ._.._ w INDIAN CANON ORI]E IC OE?LAC°1EN'1
a n.uwnlM �' CHAIN LINK RAILING DG7AIA
CHAIN LINK RAILING DETAILS
EXHIBIT 'C•3'
SHEET 3 OF 4
a
t bI11M ONe TS O Iry y1 y >'Pllu
I yMlnlq 9N1 6.4` N M.ell' I 1 1
IN
1.0 OIYp I AAOn csN.awL
t I awNI.S�mw ssp
---------------
_i
�--
,
:
11 I I I I ! I i I I I i i vl •
CNlmal MIIs I
Ir �
TILD A_ !(AO
br.L
I. YI N1aI. ..o1nIW s.Nl
N II oo qa -[ao�IN CNIn
I'u1aKIN ELEVATION - SCRIPT LETTERS
2. My: to N 01Tg M JZMral. Ml SCuc
Y/Iat nM«.or f[a
PALM SPRINGS-SCRIPT DETAILS
� � �.�,��` I
GSw"CF: ^"�..el.. !' w y'.a•II .Y�° �'1.•.YX"4w`�,..... m
wr
_L _ w �.:r,.•:.�:w'." Iism vm—im SECT'DN A-♦ r.
r ,
L 0'(✓ii I�vn .gym I I � ��".^mn.:' ... �ry.ti M.`.•...
NW-Y
�• iiae"'r.nww �') ,w pETA1L A F u �CTIpN C-Ctl`•SECi'Ox`N-B �,��
SECTION E-E E a
:f:iY uw.r.,e o'.eN.'mS'." w I L."`x. 1 8 n
sba w..x 5�' 'm j �n ... IA�...
A n M...m..._ ELEVATIIXI
m•M m7 tta n La,�.'aw r,T r,:r � i�i-n w�V
•Y a •'. m nTi,in'li,','v""oi� , n" T 17'.Im,.:w�� ew
M:s is�.m:. L.i.9w".' s,.r'i oin "e:.'Ti?b� :S�.•I r -"P:UL SECi:94
SPLICE ADINT DETAIL SECTION p-per'^� DETAIL C pETA1L
the AN CANrpN p111 of % IiEPLACFI[N'I
NY,Nawn,wn,N CHAIN LINII NAILINl DETAIL@
CHAIN LINK RAILING DETAILS
EXHIBIT 'C-4'
SHEET 4 DE 4