HomeMy WebLinkAbout02957 - CALTRANS HWY 111 CITY STREET HIGHWAY RELOCATION ` — State of Calif. - ,� LTRANS
Highway 111 Reloca ion
0 Cooperative Agreement
Exchange City Sts & State Hwy
AGREEMENT #2957
rE.Tl,Rtd (d? OS-Riv-111-47 , R17429, 2-20-91
Exchange of City Streets and
„y C,r pE,i.,:3 5 R4;3GS State Highway
District Agreement No. 8-739
Phil 5'�:3i;C;S, tip. 9226�
COOPERATIVE AGREEMENT
i
THIS AGREEMENT ENTERED INTO (9 `T/ is
between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as "STATE", and
CITY OF PALM SPRINGS, a body
politic and a municipal
corporation of the State of
California, referred to herein
as "CITY"
RECITALS
(1) STATE and CITY are authorized to enter into a Cooperative
Agreement under Streets and Highways Code Section 73 ,
providing for the relinquishment of any portion of a State
highway to a City.
Lf
(2) CITY is willing to accept relinquishment of that portion of ,l
existing Route 111 along Palm Canyon Drive between Gene
Autry Trail and Vista Chino (P.M. 47. 8/53 .8) . See Exhibit
A, attached and made a part of this Agreement.
(3) STATE is willing to relinquish the above described portion
of Route 111 and to recommend to the California
f3 Transportation Commission (CTC) the adoption as part of
Route 111, that portion of Gene Autry Trail which runs north
from Route 111 (East Palm Canyon Drive) to Vista Chino and
that portion of Vista Chino running west from Gene Autry
Trail to Route ill (North Palm Canyon Drive) . See Exhibit
A.
(4) STATE will benefit by relief of maintenance responsibilities
for roadway and traffic signals in a heavily congested
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8-739
corridor, and by receiving an improved and less congested
roadway for State highway traffic.
(5) CITY will benefit by being able to convert the present route
to better accommodate the tourists and shoppers, and reduce
congestion due to through traffic.
(6) Funding by CITY for widening of Vista Chino to four-lanes
from Gene Autry Trail to Sunrise Way is a commitment of this
Agreement.
(7) This Agreement supersedes any prior Memorandum of
Understanding (MOU) relating to the aforementioned portion
of State Route Ill.
(8) The parties hereto desire to define herein the terms and
conditions under which the City streets will be adopted as a
new State highway and the existing State highway will be
relinquished.
SECTION I
CITY AGREES•
(1) After approval of relinquishment and adoption by the
California Transportation Commission, to accept and maintain
the relinquished portion of Route 111 (Palm Canyon Drive)
between Gene Autry Trail (P.M. 47 . 8) and Vista Chino (P.M.
53 . 8) , including maintenance and operation of existing
traffic signals and lighting.
(2) To concur in STATE's :recommendation to the California
Transportation Commission that STATE adopt as a State
highway that portion of Gene Autry Trail which runs north
from Route Ill to Vista Chino and that portion of Vista
Chino running west from Gene Autry Trail to Route 111.
(3) To maintain, in perpetuity at CITY 's own cost, in accordance
with STATE standards and practices all CITY-installed
landscaping on that portion of Gene Autry Trail and Vista
Chino to be adopted as a State highway.
(4) To fund a project to widen the existing two-lane section of
Vista Chino between Gene Autry Drive and Sunrise Way to four
lanes at no cost to STATE. Said widening shall be completed
within two years from the execution date of this Agreement.
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Costs to CITY for said section of Vista Chino shall include,
but not be limited to, costs of preliminary and construction
engineering, construction, right of way, utilities, and
claims which may be allowed the construction contractor.
(5) Execution of this Agreement constitutes its waiver of the
ninety (90) days ' notice of "Intention to Relinquish"
requirement contained in Section 73 of the Streets and
Highways Code.
SECTION II
STATE AGREES•
(1) To recommend California Transportation Commission adoption
as a State highway of that portion of Gene Autry Trail and
Vista Chino described in Article (3) of RECITALS.
(2) Subsequent to adoption, to accept and maintain that portion
of new State Route 111 along Gene Autry Trail and Vista
Chino as previously described.
(3) After approval of relinquishment by the California
Transportation Commission of that portion of Palm Canyon
Drive (Superseded Route 111) from Gene Autry Trail to Vista
Chino, all existing STATE owned traffic signals and lighting
along the relinquished portion of State Route 111 will
become the property and responsibility of CITY.
(4) To remove or modify any guide signs on the relinquished
section of Palm Canyon Drive (Superseded Route 111) made
inappropriate by said relinquishment.
(5) To provide funding for a signal coordination project on the
relinquished section of Palm Canyon Drive (Superseded Route
111) , as listed under STATE' s 1991 Traffic System Management
Program (TSM) as Project 0107A and scheduled for
construction in the 1992/93 fiscal year. In no event shall
STATE's funding for this project exceed $507, 000. 00, unless
STATE at its sole discretion authorizes a greater amount.
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SECTION III
IT IS MUTUALLY AGREED:
r
(1) All obligations of STATE under the terms of this Agreement
are subject to the appropriation of resources by the
Legislature and the allocation of resources and Route
Adoption, and relinquishment by the California
Transportation Commission.
(2) After adoption and relinquishment by the California
Transportation Commission, transfer of responsibilities for
maintenance and operation of the relinquished and adopted
routes will be accomplished on a date mutually agreed to by
STATE and CITY.
(3) Separate Cooperative Agreements will be required to cover
design, construction and funding for the widening of Vista
Chino and for the signal coordination project on Palm Canyon
Drive.
(4) Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring by reasons
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 understood
and agreed that, pursuant to Government Code Section 895.4 ,
CITY shall fully defend, indemnify and save harmless the
State of California, all officers and employees from all
claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in
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.
(5) Neither CITY nor any officer or employee thereof is
responsible for any damage or liability occurring by reasons
of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction
delegated to STATE under this Agreement. It is understood
and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully defend, indemnify and save harmless the
CITY, all officers and employees from all claims, suits, or
actions of every name, kind and description brought for or
on account of injury (as defined in Government Code .Section
810. 8) occurring by reasons of anything done or omitted to
be done by STATE under or in connection with any work,
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authority or jurisdiction delegated to STATE under this
Agreement.
(6) The design, right of way acquisition, and preparation of
environmental documents for the widening of Vista Chino
shall be performed in accordance with STATE standards and
practices current as of the date of execution of this
Agreement. Any exceptions to applicable design standards
shall be approved by STATE via the processes outlined in
STATE 's Highway Design Manual and appropriate memorandums
and design bulletins :published by STATE. In the event that
a change to any design standard(s) is proposed, STATE shall
consult with CITY in .a timely manner regarding effect of
proposed changes on widening.
(7) Any and all right of way acquisition activities, whether by
dedication, donation .or purchase, shall be subject to review
and approval by STATE, when such activities occur within
that area to be transferred to STATE.
(8) By each party to issue Encroachment Permits, at no cost, to
the other party, as required, to accomplish highway adoption
and relinquishment activities.
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(9) This Agreement shall be terminated only by mutual agreement,
in writing, by both parties.
STATE OF CALIFORNIA CITY OF PALM SPRINGS
Department of Transportation
ROBERT K. BEST
Director of Transportation By
City Manager
By
KEN STEELE, District Director
Ci� Clerk
t_.
APPROVED AS TO FORM AND PROCEDURE:vx
i
y-
Attor , Departme W
of Transportation
CERTIFIED AS TO FUNDS AND PROCEDURE:
District Accounting Administrator
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