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.
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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 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."
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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.
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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 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.
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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.
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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.
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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.
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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
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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.
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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,
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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
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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
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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.
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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:
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GIL JONES, MAYO[
W--
/
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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
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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.
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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