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HomeMy WebLinkAbout04-18-2022 Caltrans Work for Others Maintenance Agreement - Intersection of LOVR and Calle JoaquinTR 05-2-E003 LOVR/Calle Joaquin 1/31/22 WORK FOR OTHERS AGREEMENT WITH CITY OF SAN LUIS OBISPO Effective this 18th day of April 2022, the City of San Luis Obispo a municipal corporation of the State of California, hereinafter referred to as "CITY," and the State of California, Department of Transportation, District 5, hereinafter referred to as "STATE," have entered into this Agreement. SECTION I RECITALS 1. WHEREAS, CITY, pursuant to Sections 100.25 and 131 of the Streets and Highways Code, has requested that STATE maintain traffic control signal systems on the CITY's Street System as shown on Exhibit "A," a copy which is attached hereto and by this referenced made a part hereof; 2. WHEREAS, State Highway System (SHS) is necessary in accommodating the freeway traffic in making proper connections between the existing CITY system and SHS; 3. WHEREAS, STATE has qualified personnel available to perform said maintenance of said traffic control signal systems within CITY; 4. WHEREAS, STATE and CITY will mutually benefit from said maintenance by enhancing the safety of the traveling public; and 5. WHEREAS, CITY and STATE do mutually desire to cooperate and to specify herein the conditions and the terms under which said maintenance is to be done. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT For and in consideration of the covenants and conditions to be kept and performed by the parties as set forth herein, CITY and STATE agree as follows: 1. That the degree and 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 - owned traffic control systems. 2. To reimburse STATE for the actual cost of said maintenance, including assessments for indirect charges at rates in effect at the time said maintenance is performed. 3. STATE shall invoice CITY quarterly for the actual costs of said maintenance and CITY will reimburse STATE within 30 days of receipt of invoice. 4. That said maintenance will be provided in a manner conforming to STATE's standard practices and procedures using only available STATE resources and STATE may reschedule maintenance of CITY systems to respond to required STATE resource allocations elsewhere. TR 05-2-E003 LOVR/Calle Joaquin 1/31/22 5. That said maintenance will be done as the workload of STATE's forces permit and if said workload becomes too great, this Agreement may be terminated upon thirty calendar-days prior written notice to CITY from STATE. 6.LEGAL RELATIONS AND RESPONSIBILITIES 6.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. 6.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 6.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including section but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 7. No STATE funds are obligated, or resources committed under this Agreement except as may be expressly authorized each STATE fiscal year (July 1 to June 30) in that year's annual State Budget Act. STATE's obligations hereunder are subject to immediate suspension or termination should STATE funding or authorization to perform these services is terminated or restricted 8. TERMINATION - This Agreement may be terminated by timely mutual written consent by grounds for a Notice of Termination by STATE. 9. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. TR 05-2-E003 LOVR/Calle Joaquin 1/31/22 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: __________________________ Erica A. Stewart, Mayor Initiated and Approved By: __________________________ Derek Johnson, City Manager By: ___________________________ Sara von Schwind Deputy District Director Maintenance District 5 ATTEST: By: __________________________ Teresa Purrington, City Clerk By: __________________________ J. Christine Dietrick, City Attorney TR 05-2-E003 LOVR/Calle Joaquin 1/31/22 Work For Others Agreement Traffic Signals and Lighting Caltrans and City of San Luis Obispo Effective: __April 18, 2022___________ BASIS OF COST ALLOCATION City-Owned and State Maintained Billed by the State Route and PM Location Type of Facility Cost Distribution State CITY 101-R25.81 LOVR/Calle Joaquin Signal & Lighting 0 100%