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Home My WebLink About01558 - CALTRANS TRAFFIC SIGNAL NPC RACQUET CLUB State Dept Transportation-Coop gh agr re traffic sgnl @ Palm VV Cnyn & Racquet Club Rd. AGREEMENT #1558(Orig) 12-8-79 Res 13202, 12-5-79 08-Riv-111-54:� 08351-220501 Palm Canyon. Drive at Racquet Club Road District Agreement No . THIS AGREEMENT, ENTERED INTO ON ��,:C�,F�e��,tit�� L rJ , 1979, IS 3E T 4i EEN CITY OF PALM SPRINGS a body politic and a municipal corporation of,-the State of California, referred to herein as "CITY" AND STATE OF CALIFORNIA acting by and through its Department of Transportation, referred to herein as "STATE RECITALS ( 1) STATE and CITY contemplate installing a traffic control signal system and safety lighting at the intersection of Racquet Club Road with State Highway Route 111 (Palm Canyon Drive) , referred to herein as "PROJECT", and desire to specify the terms and conditions under which such system is to be installed, financed and maintained. (2) CITY proposes to perform subsurface construction work within said State Highway and STATE requires that said work be accomplished in accordance with STATE ' S "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way" . SECTION I CITY AGREES: ( 1) To provide plans and specifications and all necessary construction engineering services for the PROJECT and to bear CITY ' S share of the expense thereof. (2) To identify and locate all high and low risk underground facilities within the project area and protect or otherwise provide for such facilities, all in accordance with STATE' S "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way" . Costs of locating, identifying, protecting or otherwise providing for such high and low risk facilities shall be distributed and borne in the same manner as described in Section III, paragraph 12. CITY hereby acknowledges the receipt of STATE ' S "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way" and agrees to construct the PROJECT in accordance with such Policy. -2- 0 (3) To construct *'ne PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval cf STATE. (4) To pay an amount equal to 50% of construction costs; but in no event shall CITY'S obligation for construction costs under this agreement exceed tILe amount of $36,000; provided that CITY may, at its sole discretion, in writing authorize a greater amount . (5) To reimburse -TATE for CITY'S proportionate share of the cost of maintenance and operation of saidtraffic control signal and safety lighting, such share to be an amount equal to 50% of the total costs . (6) To apply for necessary encroachment perriits for work within State Hicd way right of way, in accordance with STATE: ' S standard permit procedures . (7) To retain or cause to be retained for audit for STATE or other government auditors for a period of three (3) years I rom date of final payment all records and accounts relating to construction of the INTRO'TEyENTS. SECTION II STATE AGREES: (1) To deposit with CITY prior to award of a construction contract for PROJECT the amount of $32,500, which figure represents STATE ' S estimated share of the expense of preparation of plans and specifications, construction engineering, and construction costs required to complete PROJECT. In no event shall .STATE ' S total obligation for said costs under this contract exceed the amount of $36,000; provided that STATE may, at its sole -3- discretion, in writing authorize a greater amount . (2) To furnish the traffic signal control equip- ment for the PROJECT. (3) STATE ' S share of the construction costs shall be an amount equal to 50% of the actual cost, as deter- mined after completion of work and upon final accounting of costs . (4) STATE'S share of the expense of preparing clans and specifications shall be an amount equal to 50% of the actual costs of preparing plans and specifications. (5) STATE ' S share of the expense of construction engineering shall be an amount equal to 50% of the actual costs of construction engineering. ( 6) To maintain and operate the entire traffic control signal systems and safety lighting as installed and pay an amount equal to 50% of the total costs . SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: ( 1) All obligations of STATE under the terms of this Agreement are subject to the allocations of resources by the Legislature and the California Transportation Commission. ( 2) That CITY shall not award a contract for the work until after receipt of STATE ' S deposit required in Section II( i) ( 3) Neither STATE not any officer or employee thereof shall be responsible for any damage or liability occur- ring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction -4- s not delegated to STATE under this Agreement. It is also 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 not delegated to STATE under this Agreement . (4) Neither CITY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything Clone 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 also 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 delegated to STATE under this Agreement . (5) Should any portion of the PROJECT be financed with federal funds or State gas tax funds all applicable procedures and policies relating to the use of such funds shall apply not- withstanding other provis'_ons of this agreement . ( 6) If upon opening of bids, it is found the amount deposited by STATE is in excess of the cost of the work on the basis of bid prices plus contingency items, expense of preparation of plans and specifications, construction engineering, administra- tion and overhead costs, the balance remaining shall be promptly refunded by CITY to STATE. If however, the cost of the work exceeds the amount deposited by STATE, STATE will promptly, upon receipt of claim therefor, pay its portion of the amount of said excess to -5- CITY. If the excess in either case is less than one thousand dollars ($1,000) , no refund or demand for additional deposit will be made until final accounting. (7) if, upon opening bids, it is found that- a cost overrun of no more than 10% of the estimate will occur, CITY may award the contract . (8) If, upon opening bids, it is found that a cost overrun exceeding 10% of the estimate will occur, STATE and CITY shall endeavor to agree upon an alternative course of action. (9) Prior to advertising for bids for the PROJECT, STATE may terminate this agreement in writing, provided that STATE pays CITY for all costs incurred by CITY. (10) If termination of this agreement is by mutual agreement, STATE will bear 50% and CITY will bear 50% of all costs incurred prior to termination. ( 11) Upon completion of all work under this agreement, ownership and title to all meterials, eauipment and appurtenances installed will be jointly shared in the ratio of 50% STATE and 50% CITY. ( 12) If existing public and private utilities conflict with the construction of the PROJECT, CITY will make all necessary arrangements with owners of such utilities for their removal or relocation. CITY will inspect the removal or relocation of such utilities . If there are no existing provisions for removal or relocation of utilities between CITY and/or STATE and the owners of such utilities, STATE and CITY will share in the cost of said removal or relocation in the amount of 50% STATE and 50% CITY. -6- ( 13) The cost of any engineering or maintenance referred to herein shall include all' direct and Indirect costs ( functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE ' S standard account- ins procedures . STATE OF CALIFORNIA CITY OF PALM SPRINGS Department of Transportation BY ' sj ik��✓ ADRIP.;1A GIAiVTURCO Director of Transportation Attest: City Clerk District Director