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HomeMy WebLinkAbout02144 - CALTRANS HWY 111 ELECTRIC 1 CalTrans - Sharing Cost of elec. facil on Hwy 111 Amendment no. 1 7 AGREEMENT 2144 MO 4859 9-18-91 08-RIV-111-4�6—. 8=54.95 ELEC. AGR. PALM SPRINGS THIS AGREEMENT, ENTERED INTO ON October 4, 1991 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 contemplate changing the existing system of billing for the maintenance and power costs attendant to the existing signal and lighting systems at all locations identified on Exhibit "A" which by this reference is made a part of this Agreement, all locations being within the CITY. SECTION I STATE AGREES : To control, maintain, and operate the above said signal and lighting systems and to absorb all costs attendant thereto, with the exception of the electrical costs. i SECTION II CITY AGREES: To notify the Electrical Public Utility Company which provides the electrical power to operate the above said signal and lighting systems that all billings are to be sent to CITY. CITY further agrees to pay 100% of such charges directly to the Public Utility Company. (See Paragraph 6, Section III. ) SECTION III IT IS MUTUALLY AGREED AS FOLLOWS : (1) This Agreement shall supersede all previous agreements and/or amendments pertaining to billing procedures for maintenance and power charges at the above said locations. (2) The intent of the Agreement is to eliminate the flow of paper work between CITY and STATE and to effect a reduction in administrative overhead for each entity. (3) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract (or affect the legal liability of either party to the contract) by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law. (4) It is understood and agreed that neither STATE nor an officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority, or jurisdiction delegated to the CITY under this Agreement for maintenance. It is also understood and agreed that pursuant to Government Code Section 895.4 , CITY shall 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 injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the CITY under or in connection with any work, authority, or jurisdiction delegated to the CITY under this Agreement. (5) It is understood and agreed 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 the STATE under or in connection with any work, authority, or jurisdiction delegated to the STATE under this Agreement for maintenance. It is also understood and agreed that pursuant to Government Code Section 895.4, STATE shall 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 3 injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the STATE under or in connection with any work, authority, or jurisdiction delegated to the STATE under this Agreement. (6) The effective date of this Agreement shall be July 15, 1991. (7) The Agreement as above said may be amended or terminated at any time upon mutual consent of the parties thereto. This Agreement may also be terminated by either party upon thirty (30) days written notice to the other party. gkll 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. STATE OF CALIFORNIA CITY OF PALM SPRINGS Department of Transportation ROBERT K. BEST Director of Transportation .� By 299 *moor By `-----� BERT H. THOMPSON — Deputy District Director of Transportation Attest: \ k�— City--Clerk APPROYM BY Tim CITY COUNCIL BY gFs- NO. 5 EXHIBIT "A" Effective July 15 , 1991 Revised ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION CITY OF PALM SPRINGS Maintained by the STATE Type of Cost Distribution Route Location Facility State Citv SIGNALS LIGHTING Maint. Energy ill Golf Club Drive x x 100% 100t Gene Autry Trail - x x 100% 100% Ramone Road x x lo0% loot Tamarisk Road X . x 100% 100? Vista Chino/ Gene Autry Trail x x loot 100% Farrell Drive x x 100% 1005. Sunrise Way x x 100% 100t Avenida caballeros x x 100% 100% Indian Avenue x x 100% 100% No. Palm Canyon Dr. x x 100% loot Racquet Club Drive x x loot 100% San Rafael Road x x 100% 100% 6 CalTrans - Sharing cost of • elec. facil on Hwy III AGREEMENT #2144 (Orig 9-1-84) AGREEMENT FOR SHARING COST OF STATE HIGHWAY ELECTRICAL FA( MO 3479, 10-17-84 OF PALM SPRINGS This AGREEMENT, made and executed in duplicate this 1st day of September, 1984, 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 as to "CITY." WITNESSETH: AGREEMENT: This agreement shall supersede any previous agreement and/or amendments thereto for sharing State incurred costs in the CITY with the CITY. ELECTRICAL FACILITIES Electrical. facilities include flashing beacons, traffic signals, traffic-signal systems, safety lighting, and sign lighting on the State Highway System. The cost of operating and maintaining flashing beacons, traffic signals, traffic-signal systems, safety lighting, and sign lighting now in place at the intersection of any State highway route and any City street shall be shared as shown in Exhibit A. Basis for billing: It is agreed that monthly billings for flashing beacons, traffic signals, and traffic-signal systems shall be based on actual intersection costs which are as follows: o Maintenance - Labor including overhead asessment - Other expenses . Equipment . Materials . Miscellaneous expenses o Electrical energy It is agreed that monthly billings for safety lighting and sign lighting shall be based on calculated unit costs derived by averaging District-wide costs each .month. Costs are as follows: o Maintenance - Labor including overhead assessment - Other expenses Equipment Materials Miscellaneous expenses o Electrical energy It is agreed that monthly billings for utility-owned and maintained lighting will be based on calculated unit costs derived from utility company billings. Exhibit A will be amended as necessary by written concurrence of both parties to reflect changes to the system. This Agreement shall become effective September 1 , 1984, and shall remain in full force and effect until amended or terminated. The Agreement as above may be amended or terminated at any time upon mutual consent of the parties thereto. This Agreement may also be terminated by either party upon thirty (30) days notice to the other party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF PALM SPRINGS �F3 cpnb+� eysr �40R0AN R. Kifv ..' r'J PAY 4I-IE CIrI CC)�JNr-IL CITY MANAGER '(JAPPROV © AS T -FORM k a city clerJ �Ci ,4tt rney Date y . STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LEO J. TROMBATORE Approved as to form: By Z fBy y !F District Director 6' 2 • 0 EXHIBIT"A" Effective September 1 , 1984 ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION Billed and Maintained by the STATE Route 111 Location/Intersection Percent Distribution P.M.. Description State City/Co. 46.8 Eagle Canyon Plaza 0 100 47.2 Golf Club Drive 50 50 47.8 Bogie Road 50 50 48.1 Cherokee Way 50 50 49.1 Araby Drive 50 50 49.3 Farrell Drive 50 50 49:6 Smoke Tree Ranch Road 50 50 49.8 Sunrise Way 50 50 50.5 Canino Real 66 213 33 1/3 50.8 South Palm Canyon Drive 66 2/3 33 1/3 51 .0 Morongo Avenue 0 100 51 .3 Mesquite Avenue 50 50 51 .5 Sunny Dunes Road 50 50 51 .7 Indian Avenue 66 213 -66—V-3 _. -3 3 51 .8 Ramon Road 50 50 52.0 Baristo Road 50 50 52.1 Ped X-ing So. of Arenas Road 50 50 52.2 Arenas Road 50 50 52.25 Ped X-ing So. of Tahquitz- 50 50 McCallum 52.3 Tahquitz-McCallum Way 50 50 52.35 Ped X-ing So. of Andreas Road 50 50 52.4 Andreas Road 50 50 52.6 Amado Road 50 50 52.7 Ped X-ing 50 50 52.8 Alejo Road 50 50 53.1 Tamarisk Road 50 50 53.3 Tachevah Drive 50 50 53 .8 Vista Chino 50 50 54 .4 Racquet Club Drive 50 50 54.95 San Rafael Rd 50 50 3