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1991-1203_CALIF DEPT OF TRANSPORTATION_Maintenance Agr(� L y 1 AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF San Juan Capistrano THIS AGREEMENT, made and executed in duplicate this 3rd - day of December , 1991 by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as the "State" and the City of San Juan Capistrano hereinafter referred to as "CITY." W I T N E S S E T H: A. RECITALS: 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. B. AGREEMENT: This Agreement shall supersede any previous AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF San Juan Capistrano and /or AMENDMENTS thereto with the CITY. -1- 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 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 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." -2- 11(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.,, D. DEGREE OF MAINTENANCE: 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 S "Term of Agreement." However, this random check does not preempt the CITIES maintenance responsibilities as spelled out in the Agreement. -3- 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 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 reimburse 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 this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care from the standard imposed by law. -4- 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 Agreement. 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. The CITY waives any and all rights to any type of express and implied indemnity against the STATE, its officers and employees arising from any work, authority or jurisdiction delegated to the CITY under this agreement. -5- 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 shown on Attachment 1. The functions are identified by the Caltrans HM Program Codes. -6- G. EXPENDITURE AUTHORIZATION: The STATE will reimburse the CITY for actual costs of all routine maintenance work performed by CITY as delegated under Section H of this Agreement, unless such' expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for. 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 for routine maintenance work as referred to above may be increased or decreased, or additional expenditures for specific projects costing the STATE $5,000 or less may be made when such adjustments 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. -7- Additional expenditure 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 terms of the Agreement. H. DELEGATION OF MAINTENANCE: 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 Agreement, Freeway Maintenance Agreements and/or Encroachment Permits. MAXIMUM ANNUAL ROUTE LENGTH PROGRAM AUTHORIZED NO. MILES DESCRIPTION DELEGATED EXPENDITURE 074 1.86 Ortega Hwy From Route HM2D $8,500.00 005 To 1.86 miles East of Route 005 Total Authorized Expenditure $8,500.00 -a- I. SUBMISSION OF BILLS r The CITY shall submit bills in a consistent periodic sequence (monthly, quarterly, semiannually or annually). Bills for less than $500 shall not be submitted more. than, once each quarter. Bills must be submitted promptly following close of corresponding billing period and should be coded according to the Caltrans HM Program Code as outlined in this Agreement. Bills submitted for periods prior to the last fiscal year will be deemed waived and not be honored. 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 above mentioned charged added again. An actual handling charge for processing this type of bill will be allowed to the CITY. 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. 3. TERM OF AGREEMENT: This Agreement shall become effective July 1. 1991 and shall remain in full force and effect until amended or terminated. This Agreement 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) day's notice to the other party. -10- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. City of San Juan Capistrano City Attorney By Thomas P. Clark, -11- CITY OF SAN,,75A CAPISTRANO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION James W. van Loben Sels Director of Transportation By fW' T W. T. Almany III Chief, Maintenance Branch 14� ( 1P Attachment '_ MAINTENA.*iCE FUNCTION DESCRIPTIONS H -:IF FLEXIBLE 30PLDBEDS (Old H1f11) This provides for patching, sealing, surface and base courses of asphalt including asphalt surf=aced shoulders problems are included: 1. Crack/joint repair 2. Poor ride quality 3. Structural pavement failure 4. Potholes/local depressions 5. Preventative Maintenance 6. Miscellaneous and maintaining the surfaced roadways The following F-�:1B RIGID ROADBED (Old HM12) This provides for pat ._in€ Sealing araC _ 73`. _ ^.Cas e roadbeeis, approaches to 'ridges, and tha'z _--erten t shoulders and foundations. The following problems =^e included: 1. Crack/joint repair 2. Poor ride quality 3. Structural pavement failure 4 Bridge approach/departure 5. Paved shoulder - preventive maintenance S. Paved shoulder - repair 7. Miscellaneous HM2C SLOPE/DRP_INt1GE/VEGET46TION (Old 'r�_21 and HM23) This provides for --leaning, maintaining, and re- icing culverts, ditches, drains, structures, =encs, C11ros, sidewalks and other appurtenances between the roadbed and the outer highway right-of-way boundary line. It also includes weed and brush control by chemical,biological or mechanical methods, trimming and removal of trees and pest control. The following problems are included: i. Unpaved shoulder management 2. Nonlandscaped weed control Nonlandscaped tree/brush/vegetation 4. Fence repair S. Drainage obstruction - ditch/channel S. Drainage obstruction - drains/culverts 7. Drainage obstruction 3. Worn/damaged drainage facility 9. Miscellaneous -2- HM2D LITTER/DEBRIS (Old :? ?2) Attac: mens _ This provides for removal of 'litter end debris from roadway surfaces and roadsides. The fol -lowing problems are ±ncluded. 1. Debris/carcass pickup 2. Freeway patrol 3. Sweeping 4_ Litter pickup 5. Spills... non hazardous material only; City shall report all hazardous spills (on State hig'^.way) to Caltrans Communication Center at (714)724-2507 24 hours Monday through Friday or, Santa Ana C.H.P 0£fice (714)547-8311 (Weekends, Holidays) S. Miscellaneous hM2E LANDSCAPING (Old HM25) This provides for watering, fertilizing, remcv=_1 Z: rube, and C7P.tr91 O� ween_ i = _aIItO= areas. .:_C_1.Ce- trimming, removal, and spraying of replacement of plants, shrubs, and trees, and pest control in planted area. The following problems are included: i. Weed control 2. Pruning/thi_nrir_g/r=moving/replacing 3. Irrigation A. Miscellaneous HM3H BRIDGES (Old EM31 extent pump plant maintenance) Phis provides =or repairs, cleaning, and painting nc bridges. Also includes electrical and mechanic_1 maintenance. The 'oilowing problems are included: Substructure 2. Superstructure - steel 3. Superstructure - concrete 4 Expansion joints 5. Railings S. Drainage systems 7. P=_ir_ting 8. Miscellaneous 11: i OTT ir.R STRUCTURES (Old LU431 pump plants) This provides fer the maintenance, repair and clearing of pump plants. The following problems a_^e included. 1. Pump plant 2. Miscellaneous Attachment 1 -3- ialAU`S TR9FFIC GUIDANCE (OLD E1141, FM42, and HM44) This provides for repainting of traffic stripes and markings and the cleaning, removal, and replacement of raised pavement markers. Cleaning, replacement, and general maintenance of signs and support, including support structures for overhead signs are included. Also, the repair, cleaning, and replacement of guideposts, markers, guardrail, and energy disaipators as well as the repair of median barriers and their appurtenances_ The following problems are included: 1 Pavement striping 2. Pavement markings 3. Raised pavement markings g Signs Roadside mar',ers 6. Guardrail 7. Median Barrier 8_ Vehicle energy attenuator �. Miscellaneous HM4K ELECTRICAL This includes maintenance work performed on highway electrical facilities including flashing beacons, traffic signals, traffic -signal systems, safety lighting and sign lighting. It also includes the electrical energy for these items. Timing sequences of traffic signals shall be determined after consultation with the (CITY/COUNTY); however, the decision of the District.Director of Transportation shall be final. Maintenance of the "designed" timing is the responsibility of the (CITY/COUNTY). Timing records shall be kept in both (CITY/COUNTY) Maintenance and Traffic Branches. EMERGENCY OPERATION OF TRAFFIC SIGNALS Flashing operation shall be considered as the "prima y emergency mode of operation at all intersections". Red/ Yellow or all red may be used, as determined by State Traffic Engineering. Every effort shall be made to restore the intersection to normal operation as soon as possible. (10 RESOLUTION NO. 91-12-3-9 MAINTENANCE OF STATE HIGHWAY 74 (ORTEGA HIGHWAY) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE AGREEMENT FOR THE MAINTENANCE OF STATE HIGHWAY 74 (ORTEGA HIGHWAY) IN THE CITY OF SAN JUAN CAPISTRANO WHEREAS, the State of California, through its Department of Transportation, presented an Agreement for the Maintenance of State Highway 74 in the City of San ui Capistrano, effective July 1, 1991, and to remain in effect until amended or minated;and, WHEREAS, the City Council has read said Agreement in full and is familiar :h the contents thereof. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San in Capistrano that said Agreemeht for the maintenance of State Highway 74 in the '.y of San Juan Capistrano is hereby approved. PASSED, APPROVED, AND ADOPTED this 3rd day December , 1991. TEST: -1- GIL JONES, MAYO[ W-- / -1- GIL JONES, MAYO[ improvements within areas newly annexed by the City and which fall within the area of benefit for the Moulton Parkway/laguna Niguel Fee Program (Dana Mesa and Colinas de Capistrano). Approval of Cooperative Agreement: it was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the City enter into a Cooperative Agreement (Road Fee Program - Moulton Parkway/ Laguna Niguel Area) with the County to establish responsibil- ities for continued implementation of traffic improvements within areas newly annexed by the City and which fall within the area of benefit for the Moulton Parkway/Laguna Niguel Fee Program (Dana Mesa.and Colinas de Capistrano). Report dated December 3, 1991, from the Director of Public Lands and Facilities, recommending that the 1983 agreement between the City and CalTrans be amended to increase the maximum annual reimbursement to the City to $8,500 for the maintenance of Ortega Highway. Approval of Acreement: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution be adopted approving the Agreement for Maintenance of State Highways in the City between the City and CalTrans for the maintenance of -Ortega Highway: HIGHWAY 74 (ORTEGA HIGHWAYI - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE AGREEMENT FOR THE MAIN- TENANCE OF STATE HIGHWAY 74 (ORTEGA HIGHWAY) IN THE CITY OF SAN JUAN CAPISTRANO. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Vasquez, and Mayor Jones NOES: None ASSENT: None -13- 12/3/91 2. The Resolution approves the maximum annual reimbursement to the City by CalTrans of $8,50o retroactive to July 1, 1991. The Mayor and City Clerk were authorized to execute the document on behalf of the City. .. a I § ON 40 Written Communication: Report dated December 3, 1991, from the Director of Community Services, providing an overview of the various activities associated with the Open Space Bond Act Measure D. Mr. King made an oral presentation and noted the meeting scheduled for Thursday, December 5, 1991, at 7:00 P.M. in the Council Chamber regarding the initiation of the environmental process.. With the consensus of Council, Mayor Jones ordered the Report received and filed. written Com+^unication: Report dated December 3, 1991, from the Director of Community Services, recommending that the City and the San Juan Capistrano Fiesta Association coordinate fund-raising efforts for the 1992 Heritage Festival and jointly hire Convention Enterprises Unlimited for the position of Sponsor Development Coordinator to raise sponsorship monies to fund all 'of the respective events. Karen Danielson, 24172 Vista D'Onde, Dana Point, 1st Vice President, and Anita Adkisson, 31211 Calle del Campo, President of the Fiesta Association, spoke in support of the contract with Convention Enterprises Unlimited. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the Agreement for Consulting Services with Convention Enterprises Unlimited be approved to act as the City's 1992 Heritage Festival Sponsor Development Coordinator for the term ending May 31, 1991. Funds will be appropriated from Account 01-2401-280-586. -14- 12/3/91 AGENDA ITEM December 3, 1991 To: Stephen B. Julian, City Manager FROM: Ronald C. Sievers, Director Public Lands and Facilities SUBJECT: Resolution Approving an Agreement with the California Department of Transportation (Caltrans) for the Maintenance of State Highway 74 (Ortega Highway) SITUATION The City of San Juan Capistrano currently provides streetsweeping and litter control services on Ortega Highway (State Highway 74). The City entered into an agreement with the California Department of Transportation (Caltrans) in 1983 which provided that the City would maintain Ortega Highway and the County would reimburse the City up to $4,200 annually for these services. Since costs for providing the above -noted maintenance on Ortega Highway have risen considerably since 1983, Staff is proposing a revised agreement with Caltrans. The new agreement, revised and provided by Caltrans, allows a maximum annual authorized expenditure of $8,500.00. This agreement will be reviewed annually in the future to provide reimbursement consistent with increasing costs. NOTIFICATION W. T. Almany, Caltrans; Bob Jordan, Caltrans COMMISSIONLBOAR_D_ REVIEW _ RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The proposed agreement with Caltrans will provide the means for reimbursement to the City up to $8,500 per year (effective July 1, 1991) for maintenance services performed on State Highway '74. Reimbursement is to be applied for on a quarterly basis and will be prepared and submitted accordingly by the Department of Public Lands and Facilities. Agenda Item December 3, 1991 Page 2 ALTERNATE ACTION 1. Approve the agreement between the City and the California Department of Transportation for maintenance of Ortega Highway; and authorize the Mayor and, the City Clerk to execute the document. 2. Do not approve the maintenance agreement. 3. Refer to staff for additional information. RECOMMENDATION By resolution, approve the agreement between the City and the California Department of Transportation for maintenance of Ortega Highway; and authorize the Mayor and the City Clerk to execute the document. Respectfully submitted, n Ronald C. Sievers RCS/NB:nb