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Home My WebLink About25-Public Works ,-- -- Cl1"Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION File No. 7.01-37 From: ROGER G. HARDGRAVE Subject: Authoriz~tion to Execute Agreement with Department of Transportation - Maintenance of State Highways Dept: Public Works Date: 07-31-97 @(Q) ~~ 7 ;~ l.J u Synopsis of Previous Council action: 10-06-75 Resolution No. 12198 adopted authorizing execution of Agreenents for Maintenance of State Highways and sharing costs for State Highway Electrical Facilities. 02-10-84 - Resolution No. 84-58 adopted authorizing execution of Agreement for Maintenance of State Highways and sharing costs for State Highway Electrical Facilities. Adopt resolution. ~~tnJ) M(J)/nPfl'W- LtJRe puffid 1- ppafJd t}(U~~ fYVL -fA.e {J J.i4I d V ffn JiLt- q !~/ q 1 1rlR,d[0~. ~ ~ 0- ~ ~ <r!vhcd lDM -to hr {uLbf5~ 7L- Recommended motion: cc: F. lnlson J. Penman J. Howell )Jr---g, 2. 7/ q 7 ()~ Supporting data attached: Roqer G. Hardqrave Staff Report, Agreement & Resolution Phone: 5025 Contact person: Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: (Acct, No.) (Acct. DescriPtion) Finance: Tabled Council Notes: 75-0262 (//1/9,1 Agenda Item NO~S CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT In 1975 the City entered into an Agreement for Maintenance of conventional State Highways within the City liMits. This Agreement was superseded by an updated version in 1984. An aMended list of delegated naintenance functions was administratively placed into effect on 1-01-94. A new Agreenent has been prepared by the DepartMent of Transportation to replace the one currently in effect. This new AgreeMent will authorize the City to perforM certain Maintenance functions on surface State Highways, and be reiMbursed for the actual costs incurred (up to the Maximum expenditures authorized by Exhibit "A"). One significant change in the proposed Agreement is that the trimming of trees and shrubs on Waternan Avenue (Route 18), between 30th Street and 40th Street, will be delegated to the City. The total naxinun annual authorized expenditure to the City for perforMing these delegated naintenance functions is $19,400.00. We recomnend that the proposed Agreenent be approved. , ",'-"~ -"'~"~-'-" 07-31-97 75-0264 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 / / / / RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE DELEGATION OF CERTAIN MAINTENANCE FUNCTIONS ON STATE HIGHWAYS IN THE CITY OF SAN BERNARDINO; AND RESCINDING RESOLUTION NO. 84-58. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: The Mayor of the City of San Bernardino is hereby authorized to execute, in behalf of said City, an Agreement for Maintenance of State Highways in the City of San Bernardino, between said City and the State of California, acting by and through its Department of Transportation, relating to the delegation of certain maintenance functions on State Highways, in the City of San Bernardino, a copy of which is attached hereto marked Exhibit "I" and incorporated herein by reference as fully as though set forth at length herein. SECTION TWO: The agreement shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION THREE: The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage of this resolution. SECTION FOUR: Resolution No. 84-58 is hereby rescinded. 28//// 07-31-97 RESO: AUTHORIZING EXECUTION OF AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a 4 day of 5 Council Members: 6 NEGRETE 7 CURLIN 8 ARIAS 9 OBERHELMAN 10 DEVLIN 11 ANDERSON 12 MILLER 13 meeting thereof, held on the , 1997, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT 14 15 16 day of 17 18 Rachel Clark, City Clerk The foregoing resolution is hereby approved this , 1997. 19 20 21 22 23 24 25 26 27 28 Tom Minor, Mayor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City Attorney By - 2 - AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SAN BERNARDINO THIS AGREEMENT, is made effective this day of . 19----> by and between the State of California, acting by and through the Department of Transportation, hereinafter refetTed to as "the STATE", and the CITY of SAN BERNARDINO, hereinafter referred to as "CITY". I. The Parties desire to provide that CITY perform particular maintenance functions on the State highways within the CITY as authorized in Section 130 of the Streets and Highways Code. II. This Agreement shall supersede any previous agreement for maintenance of the identified portion of the State highways in the CITY of SAN BERNARDINO and/or amendments thereto with the CITY. III. The CITY will perform such maintenance work as is specifically delegated to it, on the identified State highway routes, or portions thereof, all as hereinafter descnbed under Exlnbit A hereof or as said Exhibit may be subsequently modified with the consent of the parties hereto acting by and through their authorized representatives. IV. 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 then current edition of the State Maintenance Manual (a copy of which has been provided to the CITY), or as may be prescnbed 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 an authorized representative. V. The functions and levels of maintenance service delegated to the CITY in the attached Exlnbit A, "Delegation of Maintenance" has been considered in setting authorized total dollar amounts. The CITY may perform additional work if desired, but the STATE will not reimburse the CITY for any work in excess of the authorized dollar limits established herein. VI. A The STATE will reimburse the CITY for the actual cost of all routine maintenance work performed by the CITY as delegated under Exhibit A to this Agreement It is agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown in Exlnbit A to this Agreement unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for. 1 EXHIBIT BIB B. The expenditure per route for routine maintenance work, as referred to above, may be increased or decreased, redistnbuted 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 and accepted by CITY as an amendment to Exhibit A C. Additional expenditures, or an adjustment of expenditures, once 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 any said maximum expenditure, either an increase or decrease, shall not affect other terms of the Agreement VII. A new Exlnbit A "DELEGATION OF MAINTENANCE" will be provided annually by the STATE for the ensuing fiscal year, ifnecessary, to ensure an equitable annual cost allocation. VIII. A The CITY will submit bills monthly. Bills must be submitted promptly following the close of the billing period and should be coded according to the Caltrans HM Program Code as outlined in this Agreement B. 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 by the CITY for the direct cost of processing this type of bill will be allowed. IX. 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 to 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. X 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 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 CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement 2 XI. It is understood and agreed that neither the CITY nor any officer or employee thereof is responsible for any d..mllge or liability occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this agreement It is understood and agreed that pursuant to Government Code Section 895.4, the STATE shall defend, indemnify and save harmless the CITY, 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 STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this Agreement XII. STATE costs and expenses assumed under the terms of this Agreement are conditioned upon the passage of the annual State of California Budget by the Legislature, the allocation of funding by the California Transportation Commi~on as appropriate, and the encumbrance of funding to the District Office ofST ATE to pay the billings by CITY. XIII. This Agreement shall fP.m..in in full force and effect until amended by the mutual consent of the parties thereto or terminated by either party upon thirty (30) days' notice to the other parties. 3 EXHIBIT A MAINTENANCE FUNCTIONS The CITY shall perform only those maintenance functions delegated, as identified below. 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. HM2C SWPESlDRAINAGFlVEGETATION This provides for the trimming of the trees and shrubs on Waterman Avenue (Route 18), between 30th Street and 40th Street in the CITY. The trees and shrubs on the east side of Waterman Ave. shall be trimmed so as to maintain a minimum distance of 3 feet behind the curb, and kept clear of any regulatory, warning, or guide signs within the limits of this Agreement At unsigrta1i7.ed intersections, the trees and shrubs shall be trimmed so as to maintain the recommended sight distances described in Exlnbit B. The trees and shrubs on the west side of Waterman Ave. shall be trimmed behind the sidewalk so as to maintain a clear and safe passage for pedestrians. HM2D UTTERlDEBRIS This provides for removal of litter and debris from roadway surfaces and roadsides, including sweeping. DELEGATIQN 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 the control and maintenance areas and functions which rest with the CITY under the terms of executed Freeway Agreements and/or Freeway Maintenance Agreements. 4 Route 1:fQ. Length Descriotion ofRoutinll Miles Program DelelZllte<t Maximum Annual Authorized Exoenditure 18 1.19 Waterman Avenue, from HM2C $12,000.00 30th Street, to 40th Street 18 2.32 Waterman Avenue, from HM2D $4,400.00 south R/W line of Route 30 Freeway to Arrowhead Road; also, 30th Street from WB on-ramp at Leroy Street to WB off-ramp east ofBroadmoor. 30 US HigJ11and Avenue, from HM2D $700.00 Macy Street to EB ramps of Route 30 Freeway; also, connector road from Mt. Vernon Avenue to NB ramps of Route 21S Freeway 66 3.02 Foothill Blvd., from HM2D $2,300.00 Pepper Avenue to Lytle Creek Wash; also, Fifth Street, from Rancho Street to "H" Street; also, "H" Street, from 4th Street to 6th Street TOTAL AUTHORIZED EXPENDITURE $19,400.00 , SWEEPING SCHEDULE Authorized Maximwn Sweeping Effective August 1, 1997 Curb Miles Number of Route Limits Per Sweeoini SWeeoinlZS 18 Waterman Ave. from 4.64 1 eveI)' two weeks Frwy. 30 to Sierra Way and 30th st. WB off-ramp to wastbound on-ramp 30 RigJ11and Avenue from 0.75 1 eveI)' two weeks Macy St to Freeway 30 Connector Road from 0.80 1 eveI)' two weeks Mt. Vernon to 27th St 66 Foothill Blvd from 5.50 Pepper Ave. to "H" St 1 eveI)' two weeks Sweeping, including pickup service, actual cost not to exceed $16.00 per curb mile including marlrups and administrative overhead. . MAXIMUMAMOUNf PERMONfH Sweeping 4 Week Month 5 Week Month Route Lemrth (10 nervear) (2 nervear) 18 10.52 $336.64 $504.96 30 1.55 $ 49.60 $ 74.40 66 5.50 $176.00 $264.00 6 EXIDBIT B .' SIGH DISTANCE TI] BE MEASURED 1'. rICH tDGE []f" TRAVtLEDVAT REMOVE: BRUSJi raILAGE...tc. IN THIS AREA THAT 08STRUCTS SlliIT DISTANCE sa- SIGHT DISTANCE roR :10 ..... SPEED LIMIT PER HIGH\IAT DESIGN MAMJM. TAk[ 40s'JA -(IIGE ~ TUovtLlIWA,. - - - -.- _. -- -- - - ------ I I,.QCArlDt or I ~~1g.9 - --- ----------------- - -------------- -------- - --------- -------------- -------- ---------- ----- ------------------------------------------------------------ I ( STATE ROUTE 18 36th ST (34th ST SIMJ SIGHT DISTANCE REQUIREMENTS PER H.D.M. 405.1 Prep by: APPROVED SIGNS INSTALLED ESTIMATE OF COST RF Date: Chkd by: ~~ (Ji4 SIGNS LOGGED By: By: Date: Phone #: By: ~ "0/97 X6435 Date: Cost: TASAS: , . 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 Attest City Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES VAN LOBEN SELS Director of Transportation By District Director Approved as to form And legal content: James F. Penman City Attorn By 8