HomeMy WebLinkAbout01557 - CALTRANS TRAFFIC SIGNAL EPC CERRITOS SMOKE TREE LANE agr re traffic sgnl @ Palm Cnyn
Cerritos/Smoke Tree Lane
GREEMENT 01557(Orig) 12-8-79
Res 13202, 12-5-79
0 V-Riv-111 --
08351-2264ol
East Palm Canyon Drive at
Cerritos Rd/Smoke Tree Ln /
District Agreement No .
THIS AGREEMENT, ENTERED INTO ON 0(6 -U , 1979,
IS BE"T EV!
CITY OF PALLS SPRINGS
a body poll ,ic and a- municipql
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. tra`_'£ic
control siOjal system and safety at the intersection of
Cerritos Road/Smoke Tree bane with State Highway Route Ill (Palm
Canyoin Drive) , referred to herein as "PROJECT" , and desire tj
specify the terms and conditions znder which such syst=m is to
be installea, financed and maintained.
(2) CITY proposes to perform subsurface construction
wcr',c within said State Highway and STATE requir-6 that said work
be accomplished in accordance with STATE ' S "Policy on High and
Lo,., Risk Underground Facilities Within Highway Rignts o" Way" .
SECTION I
CITY AGREES:
( 1) Tc provide plains and specificati,ns and all
necessary construction engineering serv_4.ces for the PROJECT and
to bear CITY'S share of the expense thereof .
(2) To identify and locate all high and low risk
underground facili-' ies within the: project area and protect or
otherwise pro-ride -'or such facilities, all in accordance with
STAT ' 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 Df Way" and agrees to construct
the PROJECT in accordance with such Policy.
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(3) To construct the PROJECT in accordance with
plans and specifications of CITY, to the satisfaction of and
subject to the approval of 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 the amount of $33,000; provided
that CITY may, at its sole discretion., in uniting authorize a
greater amount .
( 5) To reimburse STATE for CITY 'S proportionate
share of the cost of maintenance and operation of said traffic
control signal systems and safety lighting, such share to be an
amount equal to 500 of the total costs .
( 6) To apply for necessary encrcachment permits
for work within State Highway 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 from date of final payment all records and accounts relating
to construction of the IMPROVEMENTS .
SECTION II
STATE AGREES:
( 1) To deposit with CITY prior to aT,,iard of a
construction contract for PROJECT the amount of $30,000, which
figure represents STATE ' S estimated share of the expense of prep-
aration 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 $33,000; provided that STATE may, at its
sole discretion, in writing authorize a greater amount . _
(2) To furnish the traffic signal control equipment
for the PROJECT .
(3) STATE ' S share of the construction costs shall
be an amount equal to 50% of the actual cost, as determined after
completion of work and upon final accounting of costs .
(4) STATE ' S share of the expense of preparing plans
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 .
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SECTION III
IT IS MNTUALLY AGREED AS FOLLOhIS;
( 1) All obligations of STATE under the terms
of this Agreement are subject to the allocation 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(1) .
(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
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 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 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 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 .
G
(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 notwithstanding other provisions 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,
administration and overhead costs, the balance retaining 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 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 cids, 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 terminaticnn.
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0 •
(11) Upon completion of all wo,7qr under this
agreement, ownership and title to all materials , eau' pmen:t and
appurtenance installed will be jointly shared in the ratio of
50% STATE and 50% CITY.
( 12) 1- existing public and private utilities
conflict with the construction of the PROJECT, CITY will mace all
necessary arrangements with the owners of suc:: util:_ti_es for their
removal o_^ relocation . CITY will inspect the removal or -relocation
of such utilities . If there are no existing provisions _or removal
or relocation of utilities between CITY and/c- STATE and th=
owners of such utilities, STATE and CITY will snare in the --ost
of said removal or relocation in the amount c` 5-�% STATE and
50% CITY.
( 13) The cost of any enginee_-ino or maintenance
referred to herein shall include all direct and indirect cysts
(functional and administrative overhead assessment) attributable
to such work, applied in accordance with STATE ' S standard account-
ing procedures .
STATE OF CALIFORNIA CITY OF PALir_ SPRINGS'
Deaprtment of Transportation
By rG<� �
ADftIANA GIANTLiRCO % �J
Director of Transportation -�
Attu
By ��" d1� �,d City C erk
District Director
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