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Home My WebLink About01556 - CALTRANS EPC BOGIE GENE AUTRY TRAFFIC SIGNAL State Dept Transportation-Coop • ag e traffic sgnl at Palm Cnw & Bogie Rd. AGREEMENT #1556(Orig)12-8-79 Res 13202, 12-5-79 O8-Riv-111-1M 08351-226301 East Palm Canyon Drive At Bogie Road District Agreement No . ,/•'-'.� THIS AGREEMENT, ENTERED INTO ON 1979, IS BETWEEN CITY OF PALM SPRINGS a body politic and a municipal corporation ,),f 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" w • RECITALS ( 1) STATE and CITY contemplate installing a traffic control signal system and safety lighting at the intersection of Bogie 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 ',Jay" . 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, paragrpah 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-- (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 33 .3" of construction costs; but in no event shall CITY'S obligation for construction costs under this agreement exceed the amount of $18,000; provided that CITY may, at its sole discretion, in writing authorize a greater amount . (5) To reimburse STATE for CITY'S. nroportionate 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 33 . 3% of the total costs . (6) To apply for necessary encroachment 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. -3- SECTION II STATE AGREES: ( 1) To deposit with CITY prior to award of a construction contract for PROJECT the amount of w36,000, 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 $39,500; provided that STATE may, at its sole discretion, in writing authorize a greater amount . (2) To furnish the traffic signal control equipment for this PROJECT. (3) STATE 'S share of the construction costs shall be an amount equal to 66.7% 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 66.70 of the actual costs of preparing plans and specifications . (5) STATE ' S share of expense of construction engineering shall be an amount equal to 66.7% 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 66. 7% 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 allocation 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 nor any officer or employee thereof shall be -responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection wLzh 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 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- (5) Should any portion of the PROJECT be financed with federal funds or State gas tart 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 ,Mork on the basis of bid prices plus contingency items, expense of preparation of plans and specifications, construction engineering, administration 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 prcmotly, upon receipt of claim therefor, pay its portion of the amount of said ex ess 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 bids, it is found that a cost overrun of no more than 10% of the estimate will occur, CITY may award the contract. (8) I£, upon opening bids, it is found that a cost k 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 66.7% and CITY will bear 33 .3% of all costs incurred prior to termination. -6- • • ( 11) Upon completion of all work under this agree- ment, ownership and title to all materials, equipment and appurtenances installed will be jointly shared in the ratio of 66.7% SPATE and 33 .3% CITY, ( 12) If existing public and private utilities conflict with the construction of the PROJECT, CITY will make all necessary arrangements with the 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 66.7% STATE and 33 .3% CITY. (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 accounting procedures . STATE OF CALIFORNIA CITY OF P,ALM .SPRINGS Department of Transportation By r ADRIANA GIANTURCO Director of Transportation {} Attest : <6D B,JE P, b� ��. t' cy City C erk District Direc or Ulf R 5, 0. -7- 08-Riv-111-47. 7 08351 - 226301 East Palm Canyon Dr at Bogie Road District Agreement No. 1556 District Contract Supplemental No. 1 THIS AGREEMENT, ENTERED INTO ON July 22, 1981 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 STATE and CITY have previously entered into an agreement regarding the installation of traffic control systems and safety lighting at the intersection of Bogie Road with State Route Ill (East Palm Canyon Drive) , referred to herein as "PROJECT" on December 8, 1979 and now desire to modify the terms and conditions of said agreement. The previous agreement was based upon three intersecting legs , and changes in the geometrics of the intersection by others to four legs require the agreement to be amended by modifying Section I. paragraph 5, Section II, paragraph 6 and Section III, paragraph 11 to read as follows : SECTION I (5) To reimburse STATE for CITY's proportionate share of the cost of maintenance and operation of said traffic control signal system and safety lighting, such reimbursement to be an amount equal to 50% of the total cost. SECTION II (6) To maintain and operate the entire traffic control signal system and safety lighting as installed and pay an amount equal to 50% of the total costs . SECTION III (11) Upon completion of all work under this agreement and subsequent modifications by others to complete the fourth (south) leg of the intersection, ownership and title to all materials, equipment and appurtenances installed will be jointly shared in the ratio of 50% STATE and 50a/ CITY. STATE OF CALIFORNIA CITY OF PALM SPRINGS Department of Transportation ADRIANA GIANTURCO By Direc City of Transportation Manager By�LL t'--LLLb—L- Attes(t', / J i tract Director �� - City C er l J\ APPROVED BY THE CITY COUNCIL tip, 6