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HomeMy WebLinkAbout1993-251 1 RESOLUTION NO. 93-251 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT 3 OF TRANSPORTATION RELATING TO MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SAN BERNARDINO, REVISION NO.1. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with the Department of Transportation relating to the maintenance of State Highways in the City of San Bernardino, Reyision No.1, a copy of which is attached hereto, marked Exhibit "An and incorporated herein by reference as fully as though set forth at length, but such award will be effective only upon the contract being fully signed. SECTION 2. The contract authorized by this resolution shall not take effect until fully signed and executed by both parties. Neither party shall be obligated hereunder unless and until the contract is fully executed and 19 no oral agreement relating thereto shall be implied or 20 authorized. 21 I I I I 22 IIII 23 IIII 24 IIII 25 IIII 26 I I I I 27 IIII 28 IIII 6/21/93 RES 93-251 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESO. EXECUTING AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION RELATING TO MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SAN BERNARDINO, REVISION NO.1. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on r~9~1I1 ::ar the , 1993, by the following yote, 19th day of July to-wit: Council Members: ABSENT AYES NAYS ABSTAIN NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x (OFFICE VACANT) POPE-LUDLAM x MILLER x Ra0:~k,~erk The foregoing resolution is hereby approved this ~'cl.:~ day of July , 1993. ~- ~ r / ~7-'1..... v 't-{~t.o----""" Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman City Attorney tf"~, 1 . PYvvVH'~ -2- Res. 93-251 EXHIBIT "A" AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SAN BERNARDINO THIS AGREEMENT, made and executed in duplicate this ___ day of , 1992, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the City of San Bernardino, hereinafter referred to as "CITY". WIT N E SSE 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 BERNARDINO andlor AMENDMENTS thereto with the CITY. 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 or portions thereof 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. n(a) The preservation and keeping of rights of 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. RES 93-251 "(b) Operation of special safety conveniences and devices, and illuminating equipment. "(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 their 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 J, "Term of Agreement." However, this random check does not preempt the CITY's maintenance responsibilities as spelled out in this Agreement. An encroachment permit will be required for third parties when maintenance work is redelegated. Such redelegated work shall be performed at 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 of 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 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. RES 93-251 It 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 agreement. It is 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. 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 included in this section. The functions are identified by the Caltrans HM Program Codes. HM1A FLEXIBLE ROADBEDS (Old HMll) This provides for patching, sealing and maintaining the surface and base courses of asphalt surfaced roadways including asphalt surfaced shoulders. The following problems are included: 1. Crackljoint repair 2. Poor ride quality 3. Structural pavement failure 4. Potholesllocal depressions 5. Preventive Maintenance 9. Miscellaneous. HM2C SLOPES/DRAINAGE/VEGETATION (Old HM2l and HM23) This provides for cleaning, maintaining, and repairing culverts, ditches, drains, structures, curbs, 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. RES 93-251 The following problems are included: 1. Unpaved shoulder management 2. Non-landscaped weed control 3. Non-landscaped treelbushlvegetation 4. Fence repair 5. Drainage obstruction - ditchlchannel 6. Drainage obstruction - drainslculverts 7. Drainage obstruction - subsurface 8. Wornldamaged drainage facility 9. Miscellaneous. HM2D LITTERIDEBRIS (Old HM22) This provides for removal of litter and debris from roadway surfaces and roadsides. The following problems are included: 1. Debrislcarcass pickup 2. Freeway patrol 3. Sweeping 4. Litter pickup 5. spills 6. Graffiti 9. Miscellaneous. HM2E LANDSCAPING (Old HM25) This provides for watering, fertilizing, removal of shrubs, and control of weeds in planted areas. It also includes trimming, removal and spraying of trees; replacement of plants, shrubs and trees, and pest control in planted areas. The following problems are included: 1. Weed Control 2. Pruninglthinninglremovinglreplacing 3. Irrigation 9. Miscellaneous G. EXPENDITURE AUTHORIZATION: The STATE will reimburse the CITY for actual cost of all routine maintenance work performed by CITY as delegated under section H 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 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 MAINTENANCEn sheet (Section H) will be provided annually by the STATE for the ensuing fiscal year, if necessary, to ensure equitable annual cost. RES 93-251 The expenditure per route for routine maintenance work as referred to above may be increased or decreased, redistributed between routes, or additional expenditures for specific projects may be made, when such adjustment of expenditures for routine maintenance or such specific work is authorized in writing by the District Director or his authorized representative. Additional expenditures 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 function indicated below (and on nExhibit A") is 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 Agreements andlor Freeway Maintenance Agreements. ROUTE NO. LENGTH MILES DESCRIPTION OF ROUTING PROGRAM DELEGATED MAXIMUM ANNUAL AUTHORIZED EXPENDITURE 18 5.26 Waterman Avenue, from south RIW line of Route 30 Freeway to Arrowhead Road; also, 30th Street from WB on-ramp at Leroy Street WB off-ramp east of Broadmoor. HMlA HM2C HM2D $ 8,383.00 $ 8,752.00 30 2.06 Highland Avenue, from California Street to NB ramps of Route 30 Freeway; also, connector road from Mt. Vernon Avenue to NB ramps of Route 215 Freeway. HM1A HM2C HM2D HM2E $ 1,289.00 $ 8,000.00 RES 93-251 66 3.02 Foothill Blvd., from Pepper Avenue to Lytle Creek Wash; also, Fifth street, from Rancho street to nHn street; also, nHn street, from 4th street to 6th street. HMlA HM2C HM2D $ 8,000.00 $ 4,576.00 TOTAL AUTHORIZED EXPENDITURE $39,000.00 SWEEPING SCHEDULE Route Limits Curb Miles Per sweeoinq Number of Sweeoinqs 18 Waterman Avenue from Freeway 30 to Sierra Way and 30th eastbound off-ramp to eastbound on-ramp 4.64 1 per week Waterman Avenue from Sierra Way to North City Limit 5.88 1 per week 30 Highland Avenue from Macy Street to Freeway 30 0.75 1 per week Connector Road from Mt. Vernon to 27th Street 0.80 1 per week 66 Foothill Blvd. from Pepper Avenue to H Street 5.50 1 per week sweeping, including pickup service, actual cost not to exceed $16.00 per curb mile including markups and administrative overhead. Any annexations to the CITY will be maintained by CITY. Adjustments in payment will be in accordance with section H of this Agreement. RES 93-251 I. SUBMISSION OF BILLS: The CITY will submit bills in a consistent periodic sequence (monthly, quarterly, semi-annually, 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 charges added again. An actual handling charge for processing this type of bill will be allowed 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 areas 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. J. TERM OF AGREEMENT: This Agreement shall become effective and shall remain in full force and effect terminated. __, 1992, until amended or The 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) days' notice to the other party. RES 93-251 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SAN BERNARDINO By Mayor City Clerk * Approved as to form and procedure: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Attorney Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By District Director City Attorney By (LA - l' J~~ /) * May be deleted if not applicable. ** Approval by State's Attorney is not required unless changes are made to this form, in which case the draft will be submitted for Headquarter's review and approval by State's Attorney as to form and procedure.