1983-1220_CALIF DEPT OF TRANSPORTATION_Maintenance Agreement"City"
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY
OF San Juan Capistrano
THIS AGREENNT, made and executed in duplicate this 20th
day of December ,1983, by and between the State of California,
acting by and through the Department of Transportaton, hereinafter referred to
as "the STATE" and the CITY of San Juan Capistrano hereinafter referred to
as "CITY"
WITNESSETH:
A. RECITAIS:
The Parties desire to provide for the CITY to perform particular
maintenance functions on the State highway within the CITY as provided in
Section 130 of the Streets and Highways Code.
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This Agreement shall supersede any previous AGREEMENT FOR MAINTFNENCCE OF
STATE HIGHWAYS IN THE CITY OF San Juan Capistrano and/or AMENDNFNTS thereto
with the CITY.
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In consideration of the mutual covenants and promises herein contained, it
is agreed:
The CITY will perform such maintenance work as is specifically delegated to
it, on the State highway routes or portions hereof all as hereinafter described
under Section H hereof or as said section may be subsequently modified with the
consent of the parties hereto acting by and through their authorized
representative.
C. MAINTENANCE DEFINED:
Maintenance is defined in Section 27 of the Streets and Highways Code as
follows:
Sec. 27. "(a) The preservation and keeping of rights of way, and each type of
roadway, structure, safety convenience or device, planting,
illumination equipment and other facility, in the safe and
usable condition to which it has been improved or constructed,
but does not include reconstruction, or other improvement.
"(b) Operation of special safety conveniences and devices, and
illuminating equipment.
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"(c) The special or emergency maintenance or repair necessitated by
accidents or by storms or other weather conditions, slides,
settlements or other unusual or unexpected damage to a roadway
structure or facility."
The degree or extent of maintenance work to be performed and the standards
therefore shall be in accordance with the provisions of Section 27 of the Streets
and Highways Code, as set forth in the current edition of the State Maintenance
Manual (a copy of which has been provided to the CITY), or as may be prescribed
from time to time by the District Director. "District Director" as used herein,
means the District Director of the Department of Transportation assigned to the
territory in which the CITY is located, or his authorized representative.
The STATE reserves the option to check at random all areas of STATE HIGHWAYS
maintained by the CITY to assure conformance to maintenance levels. Failure of
the CITY to comply with the maintenance levels would be reason to terminate this
agreement as specified under Section K "Term of Agreement." However, this random
check does not preempt the CITIES maintenance responsibilities as spelled out in
the agreement.
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An encroachment permit will be required for third parties when maintenance
work is redelegated. Such redelegated work shall be performed to the same levels
of service as spelled out herein and will be subject to the same random checks as
provided for work performed directly by CITY forces.
The level of service of maintenance in each of the programs delegated to the
CITY has been considered in setting authorized total and route dollar amounts.
The CITY may perform additional work if desired but the STATE will not reiaburse
the CITY for any work in excess of authorized dollars. The District Director may
authorize adjustments needed because of inflation or changes in program emphasis.
E. LEGAL RELATIONS AND RESPONSIBILITIES:
Nothing in the provisions of the 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 inposed by law.
It is understood and agreed that neither STATE, 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 CITY under or in connection with any
work, authority or jurisdiction delegated to the CITY under this Agreament for
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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 in account of injuries to or death of any person or damage to
property resulting from anything done or anitted to be done by the
CITY under or in connection with any work, authority or jurisdiction
delegated to the CITY under this Agreement except as otherwise
provided by Statute.
The CITY waives any and all rights arising from activities under
this Agreement to any type of express and implied indemnity against the
STATE, its officers or employees.
It is the intent of the parties that the CITY will indemnify and
hold harmless the STATE, its officers or employees from any and all claims,
suits or actions as set forth above under this Agreement regardless
of the existence or degree of fault or negligence, whether active or
passive, primary or secondary, on the part of the STATE.
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A new "DELEGATION OF MAINTENANCE" sheet (Section H) will be provided
annually by the STATE for the ensuing fiscal year, if necessary to ensure
equitable annual cost.
The expenditure per route for routine maintenance work as referred to
above may be increased or decreased, redistributed between routes, or
additional expenditures for specific projects costing $5,000 or less may be
made when such adjustment of expenditures for routine maintenance or such
specific work is authorized in writing by the District Director or his
authorized representative. Expenditures for specific projects costing in
excess of the above amount may be made when such specific work is authorized in
writing by the District Director with prior approval from the Chief, Division
of Maintenance at Headquarters.
Additional expenditures or adjustment of expenditures thus authorized shall
apply during the fiscal year designated therein and shall not be deemed to
permanently modify or change the basic maximum expenditure per route as
hereinafter specified. An adjustment of the said maximum expenditure, either
increase or decrease, shall not affect other terns of the Agreement.
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H. DELEGATION OF MAINTENANCE
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The specific maintenance functions indicated below are hereby delegated to
the CITY. This delegation of maintenance function set forth herein does not
include areas and functions of which the control and maintenance rest with the
local authority under the terms of Freeway Agreements and/or Freeway Maintenance
Agreements.
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NO. MILES DESCRIPTION OF ROU'T'ING
074 1.0 Ortega Highway from Route 5
to 1.0 mile E/O Route 5
(4.0 curb miles)
HM 22
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$4,200.00
TOTAL AUTHORIZED EXPENDITURE $ 4,,200.00
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I. SUBMISSION OF BILLS:
The CITY shall submit bills in a consistent periodic sequence (ironthly,
quarterly, semiannually or annually). Bills for less than $500 shall not be
submitted more than once each quarter. Bills must be submitted pronptly
following close of corresponding billing period and should be coded according to
the Caltrans HM Program Code as outlined in this Agreanent.
Equipment shall be charged at mutually acceptable rental rates and labor
and material at actual cost. The CITY will be allowed to recover overhead and
administrative costs only to the extent that such charges include applicable
expenses incurred by the CITY in the execution of the work. Said factors and
method shall be subject to approval by the STATE.
Maintenance services provided by contract or on a unit -rate basis with
overhead costs included shall not have these abovanentioned charges added again.
An actual handling charge for processing this type of bill will be allowed the
City.
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Emergency and storm repairs performed by the CITY will be paid for only
with prior approval of the STATE'S Highway Superintendent of that specific
area. In addition, the CITY should immediately notify the STATE'S Area
Superintendent for the area of any storm damage or other emergency condition
affecting the STATE highway. The CITY shall maintain, on a generally accepted
accounting basis complete and accurate records that support all billings.
These records shall be made available to STATE representatives for review
during normal business hours for a period of three (3) years after payment of
said billings.
This Agreement shall became effective July 1, 1983
and shall remain in full force and effect until amended or terminated.
This Agreement may be amended or terminated at any time upon mitual
consent of the parties thereto. This Agreement may also be terminated by
either party upon thirty (30) days notice to the other party.
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This Agreement shall become effective July 1, 1983 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 wERDDF, the parties hereto have set their hands
and seals the day and year first above written.
JAMES S. OKAZAKI
City Attorney
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STATE OF CALIFORNIA
DEPARTMENT OF TRANS]
LED TROMBATORE
Director of Transportation
Attachment 1
MAINTENANCE FUNCTION
HM22 ROADWAY LITTER AND DEBRIS
This provides for removal of litter and debris frau roadway surfaces and
roadsides.
F. MAINTENANCE FUNCTIONS:
The CITY shall perform only those maintenance functions delegated, as
identified, in Section H (DELEGATION OF MAINTENANCE) of this Agreement.
A brief description of those maintenance functions delegated to the
CITY are included in this section. The functions are identified by the Caltrans
HM Program Codes.
G.
The STATE will reimburse the CITY for actual cost of all routine
maintenance work performed by CITY as delegated under Section H of this
Agreement, but it is agreed that during any fiscal year, the maximum expenditure
on any route shall not exceed the amount as shown on Section H of this
Agreement, unless such expenditure is revised by an amended Agreement or
otherwise adjusted or modified as hereinafter provided for.
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2. APPROVAL OF AGREEMENT FOR MAINTENANCE OF
ORTEGA HIGHWAY (CALTRANS) (38-#448)
1(38) Written Communications:
(44) (1) Report dated December 20, 1983, from the Director of
Public Works, forwarding an agreement with Caltrans to
allow the City to provide street sweeping and limited
litter control on Ortega Highway within the City
Limits. The annual approximate cost of the service is
$4,200, and will be refunded from the State.
(2) Report dated December 20, 1983, from the City Clerk,
advising that the State requested that the agreement be
approved by Resolution, as submitted with the Report.
The City Engineer advised that the last sentence of the
first paragraph of the Agreement under Item I, Submission of
Bills, had been deleted.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 83-12-20-4, MAINTENANCE
IURTj!; iA hlutiway j - H hEbULU'1'1VL4 Ur" '1'riL Cl'1'1 l.UU1Vl.1L Ur
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE AGREEMENT FOR THE MAINTENANCE OF THE STATE HIGHWAY
IN THE CITY OF SAN JUAN CAPISTRANO (ORTEGA HIGHWAY)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
The Mayor and City Clerk were directed to sign the agreement
on behalf of the City.