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Item 19 - Agreement for Caltrans Encampment Delegated Maintenance
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Item 19 - Agreement for Caltrans Encampment Delegated Maintenance
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8/13/2025 9:27:37 AM
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8/13/2025 8:19:26 AM
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Agenda Packet
Agency
Public Works
Item #
19
Date
8/19/2025
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that are to be collected and stored. To the extent LOCAL AGENCY <br />deviates from these requirements, LOCAL AGENCY shall fully defend, <br />indemnify and save harmless STATE and its officers and employees from <br />all claims, suits, or actions of every kind occurring by reason of any <br />deviation from MPD 1001 R-1 as set forth in the indemnification <br />paragraph below. <br />17.Hazardous Waste and Hazardous Materials. <br />LOCAL AGENCY shall be fully and solely responsible for the proper <br />identification, handling, removal and disposal of all hazardous waste <br />and hazardous material during the performance of maintenance <br />services pursuant to this AGREEMENT. <br />18.Safety and Worker Compliance. LOCAL AGENCY shall be solely <br />responsible for crew pay, workers compensation and any other benefits <br />required by state and federal law. Subcontractors and crew members <br />are not considered STATE’s employees at any time. LOCAL AGENCY <br />shall comply with all applicable State and Federal statutes and <br />regulations governing worker and public safety, including but not limited <br />to compliance with CAL-OSHA regulations and guidelines. LOCAL <br />AGENCY shall make arrangements through the STATE if traffic controls, <br />flags, signs, or lane closures are necessary to safely perform any <br />maintenance services. STATE’s maintenance Supervisor or designee shall <br />determine what protections are required at the worksite pursuant to <br />applicable provisions of the STATE’s (Caltrans) Maintenance Manual, <br />including but not limited to Volume 1, Chapter 8, Protection of Workers. <br />19.Equipment and Supplies. LOCAL AGENCY shall provide the necessary <br />equipment, tools, personal protective equipment, materials, supplies <br />and products necessary to perform the maintenance services under this <br />AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable <br />costs of such equipment and supplies not to exceed the authorized <br />expenditures set forth in Exhibit A-1. <br />20.Legal Relations and Responsibilities. <br />20.1 No Third-party Beneficiaries. This AGREEMENT is not intended to <br />create duties, obligations, or rights of third parties beyond the <br />PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a <br />PARTY’s legal liability by imposing any standard of care for the <br />maintenance of STATE highways different from the standard of <br />care imposed by law.
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