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AGREEMENT FOR MAINTENANCE OF STATE HTGK,.,WAYS IN THE CIS
OF REDLANDS
THIS AGGREEWNT, made and executed in duplicate this 1st day of January 1983
by and between the State of California, acting by and through the Department of
Ir
Irarisportation, hereinafter referred to as 11the STATE" and the CITY of REDLANDS
hereinafter referred to as "CITY".
W T 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 1130 of the Streets and Highways Code.
S. AGREEMENT:
This Agreement shall supersede any previous AGREEMENT FOR MAINTENANCE OF
STATEqTGfr 'T',ry
VJAYS IN THE OF REDLANDS arid/or AMENDMENTS there' with the
Go
CITYa
in consideration of the mutual covenants area promises herein contained, it
is agreed:
The CI7f will perform such maintenance work as is specifically delegated to
it, on the State highway routes or portions hereof all as hereinafter described
under Sections T and J hereof or as said sections may be subsequently modified
with the consent of the parties hereto acting by and 11-hrough their authorized
representative.
C. MAINTENANCE DEFINED:
Maintenance is defined in Section 27 of the Streets and Highways Code as
follows:
See. 27. 11(a) The Preservation and keeping of rights of way, and each type of
roadway, structure, safety convenience or device, plantling,
illuminat-ion 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.
11(b) Operation of special safety conveniences and devices, and
illummati
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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 MAINTENANICIE:
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 and the provisions of this Agreement as hereinafter
specified or as may be prescribed from time to time by the District Director.
"District Directory, 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 level of service of maintenance in each of the programs delegat-ed to
the CITY has been considered in setting authorized total and mute dollar
amounts. The CITY may perform additional work if desired by the STATE 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.
F. LEGAL RELATIONS AND RESPONSTBTLT',rTES:
Nothing in the provisions of this 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 imposed by law.
"Tt is understood and agreed that neither the STATE nor any
officer or employee 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 Agreem-nt for
maintenance. Tt is understood and agreed that pursuant to
government Code Section 895.4 CT' Y shall defend, indemnit"y and
save harmless the State of California, all officers and
employees from all cTaims, 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 omitted to be done by the CM under or in
connection with any viork, authority or jurisdiction
delegated to the CTTY under this Agreement except as
otherwise provided by statute.
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,The CITY waives any and all rights to any type of express
and implied indemnity against the STATE, its officers or
employees.
"Tt is the intent of the parties that the CTTY will indemnify
and hold harmless the STATE, its officers or employees
from any and all claims, suits or actions as set forth
above regardless of the existence or degree of fault or
negligence, whether active or passive, primary or secondary,
on the part of the STAT .„
F. MAINTENANCE FUNCTTONS:
Certain maintenance functions may be delegated to the CITY as indicated
under Section J of this Agreement. The CITY shall not perform any of these
maintenance functions unless specifically delegated under said Section J1
DELEGATION OF MAINTENANCE.
The various maintenance functions or duties are defined and described by
the following programs. The nuabers without prefix relate to the Maintenance
Management System (MMS) Program and the numbers With the prefix HM relate to
Caltrans budgetary codes.
*04 - ROADMAP LITTER AND DEBRIS PROGRAM
W-2
This program includes all work concerning roadbed and roadside cleanup
operations to insure that the highway presents a neat, clean and attractive
appearance.
Sweeping and cleaning shall be limited to the removal of dirt or litter
normally coming onto the roadbed from the action of traffic or from natural
causes. STATE will not undertake nor pay for picking up or disposing of
rubbish or debris swept into or otherwise placed on the highway from abutting
property. The extent of sweeping and cleaning on the STATE highways shall not
be greater than customarily done on comparable CTTY streets.
The sweeping activities covered in this program pertain to the sweeping of
paved medians, curbed CITY street sections and curbed or rolled gutter types on
other highways.
H. EXPENDITURE AUTHOR TZATTON:
The STATE will reimburse the CTTY for actual cost of all routine
mnintenance work performed by CTTY as delegated under Section J 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 T of
this Agreement, unless such expenditure is revised by an amended Agreement or
otherwise adjusted or modified as hereinafter provided for.
Note: Section W is not applicable to this Wreement and has been omitted
therefrom.
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A new "ROUTF WL .')f IPTT)N AND ATvjnRT'?ET) FXPFN .IT71JRE," sheet (Section I)
will, be provided annual 1 y by the `:TATE for the er,suir,g fiscal year if necessary
to ii.sure equitable ar,r:ual cast..
The expet,niture per route for routir:e mair:ter:arop work as refprrert to above
may be i r.crAasea Car ap,--reaspl, rpai;trihutea betwoeii routes, or naaitior,al
exper.ai tures for specific projects costi rig �5,nOO or less may be rtaae when. sueh
an 3«stm .nt of PxpPr,niturPs for routine mair,ter,ar,ce or such specific work is
authorizer( ir. writir,g by the district Director or his :authorized representa-
tive. Fxper.nitur,-s for specific proiPct; costing ir, excess of the above amount
may be mane when, such specific work is authorized ir, writing by the district
Director with prior approval from the Chief, Office of Highway Mair,tenar,ce at
Henaquarters. Anditior.al exper,aitures or an,justmer,t Df exper,diturps thus
authorized shad apply during the fiscal year 1psigr.atea therpir, ar,d shall
riot be deemen to permar.Pr-,tly modify or charge the basic maximum exper,aiture
per route as hereinafter specified. An ad,justmer,t of the said maximum
exper,oiture, either increase or dpereasp, shall not affect other terms of the
Agraemer,t.
T. ROUTE DESCRIPTION AND AU'ITHORTZED F'XPFNDTTURF:S
ANNUAL MAXI4, .Jm
ROUTE l F*a{;?'t3 DFSCRTPTTON F'XPENDFTiIRF
NO. MTLFS OF ROUTING ATMORTZED
in 0.75 Orange Strpet, from Pioneer Avenue to
Lugoriin Avenue
38 1 .48 Ornngp Strppt, from Pearl Avenue to
LuRor-:ia AvenuP; ar,d Pearl Avei-,ue, from
Furpka Street to Orange Street; oral
6th Street, from Coltor, Avenue_ to I-10
Or,--Ramp; ar�d roltor, Aver,up, from 5th
Street to Calhoun-, Street, I-10 WP Orr
Ramp.
38A 1 .50 L.gonia Av6nue from Orar:ge Street. to
Judsor. Street.
1 ,2M,00
Note: Sweepit,g 3hal.1 ir,c.luoe curbed arpas only ar:d shall by chnrgpa at
actual cost which has beer. currently es abl.ishod at $9.0-0 per curb
mile inc'uair.g aamir.isfrativc, overhPaa ii-.n rlarkups. *lumber of
swAApir.gs shat ► bp limited to twice per month fir aach route, Pxcept
for Route ?RA which Shall be swept once a mor:th.
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J. DELEGATION OFMATNTENANCE
The specific maintenance activity indicated below is hereby delegated to
'ill-he CITY. This delegation of maintenance activity set lorth 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.
Caltrans Budgeting Codes (HM),
Maintenance Management Program No. (01-FTC1. )
Maintenance
Function
04 Roadway Lill-ter and Debris Program
K. SUBMTSSTON OF BTL LS:
The OTTY shall submit bills monthly or the CTTY may submit bills monthly
except that no bill for less thari $100 shall be submitted more than once each.
quarter. Bills must be submitted promptly following the close of corresponding
billing period and should be coded according to the 'Caltlrans program or
budgetary code as outlined in this Agreement.
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 CTTY in the execution of the work. Said factors and
method shall be subjec1", to approval of the State.
Maintenance services provided by contract or on a unit-rate basis with
overhead costs included shall. not have these above-mentioned charges added
again. An actual handling charge for processing this type of bill will be
allowed ';-,he CITY. Bills submitted to the CT7Y for work performed by this
Agreement, will also include overhead and administrative costs in accordance
with the State Administrative Manual,
4 Fmergency and storm repairs performed by the 'TTY would be paid for only
WL+,-h prior approval of the State's Highway Superintendent of that specific
area. In addition trm.
he CTTY should iediately notify the Statue's Highway
Superintendent for the area of any storm damage or other emergency condition
affecting the STATE highway. The "T',"y
shal-I maintain, on a generally accepted
accounting basis, complete and accurate records that support all billinlgs
These records shall be made available to STATE representativie for review during
normal business hours for a neriod of three (3) years after payment of said
billings.
L. TERMS OF AGREEMENT:
This Agreement shal.], become effective Jarivary 1 , 1983 and shall remain, in,
full force and effect until amended or terminated,
Thie 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
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IN WITNESS HEREOF, the parties hereto have set their hands and s als the
day and year first above written.
CTI T y,.
3y
Mayor
C ., l e tt
t
Approved as to form and STATE OF CA TFORNTA
procedure: DEPARTMENT OF TRANSPORTATION
AD A A-GGT- JW, J. KOZAK
Director of Transportation
Py
City Attorney D