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CITY.OF SAN BERNARDINO-
REQUEST FOR COUNCIL ACTION
File No. 7.01-37
From:
ROGER G. HARDGRAVE
Subject:
Authoriza.tion to Execute Agreement
with Department of Transportation -
Maintenance of State Highways
Dept:
Public Works
Date:
07-31-97
ORIGliVAL
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
Agreenent for Maintenance of State Highways and sharing
costs for State Highway Electrical Facilities.
Recommended motion:
Adopt resolution.
cc: F. Wilson
J. Penman
J. Howell
Signature
Supporting data attached:
Roqer G. Hardqrave
Staff Report,
Agreement & Resolution
Phone:
5025
Contact person:
Ward:
All
FUNDING REOUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Res 97- .)1. 7
Council Notes: fP
75-0262
Agenda Item No.
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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 This Agreement was superseded by an updated version in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 Agreement 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 recommend that the proposed Agreement be approved.
07-31-97
75-0264
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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 referred 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 described
under Exlubit 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 territOI)' 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 Exhibit A. "Delegation of Maintenance" has been considered in setting
authorized total dollar amounts. The CITY may perform additional work if
desired, but the ST ATE will not reimburse the CITY for any work in excess of the
authorized dollar limits established herein.
VI. A
The ST ATE will reimburse the CITY for the actual cost of all routine
maintenance work performed by the CITY as delegated under Exlubit 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 Exlubit A
to this Agreement unless such expenditure is revised by an amended
Agreement or otherwise adjusted or modified as hereinafter provided for.
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EXHIBIT -I-
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B. 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 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 Exhibit A "DELEGATION OF MAINTENANCE" will be provided
annually by the STATE for the ensuing fiscal year, if necessary, 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.
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_ XI. It is understood and agreed that neither the CITY nor any officer or employee
,., thereof is responsible for any damage 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. ST ATE 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
Commission as appropriate, and the encumbrance of funding to the District Office
of ST ATE to pay the billings by CITY.
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XIII. This Agreement shall remain 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.
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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 SLOPES/DRAINAGFlVEGET ATION
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 unsigJ111Ii7.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 LITIER/DEBRlS
This provides for removal of litter and debris from roadway surfaces and
roadsides, including sweeping.
DELEGATION 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.
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_ Route
_No.
Length Descriotion ofRoutimz Program
Miles DelelZated
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 1.15 lligJ11and Avenue, from HM2D $700.00
Macy Street to EB
ramps of Route 30 Freeway;
e also, connector road from
Mt. Vemon Avenue to NB
ramps of Route 215 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 AUTHOIHZRD EXPENDITURE
$19,400.00
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SWEEPING SCHEDULE
Authorized Maximum Sweeping
Effective August 1, 1997
Cwi> Miles Number of
Route Limits Per Sweeoinl!: SweeoinlZS
18 Waterman Ave. from 4.64 1 every two weeks
Frwy. 30 to Sierra
Way and 30th st
WB off-ramp to
wastbound on-ramp
30 Highland Avenue from 0.75 1 every two weeks
Macy St to Freeway 30
Connector Road from 0.80 1 every two weeks
Mt Vernon to 27th St
-66 Foothill Blvd from 5.50 1 every two weeks
Pepper Ave. to "H" St
Sweeping, including pickup service, actual cost not to exceed
$16.00 per cwb mile including markups and administrative overhead.
MAXIMUM AMOUNT PERMONTII
Sweeping 4 Week Month
Route Lenlrth (10 Dervear)
18 10.52 $336.64
30 1.55 $ 49.60
66 5.50 $176.00
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5 Week Month
(2 Dervear)
$504.96
$ 74.40
$264.00
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EXHIBIT B
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StCHT DISTANCE TO BE HEASLRtD 1~' rRQM EDGE [F TAAV[LEDVAY
REMOve IRUSH. rDJL~tC. IN THIS AIIEA THAT OISTRLCTS SIOHT DISTANCe
SD' SIGHT DISTANCE F"OR 50 141M SPEED LIMIT PEA HIGHVAY nEstGH MAMJAl. TABLE: "OS.IA
-(1lGI: ~ ,u.VWOVAl'
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STATE ROUTE 18
36th ST
(34th ST SIMJ
SIGHT DISTANCE REQUIREMENTS PER H.D.M. 405.1
APPROVED SIGNS INSTALLED ESTIMATE OF COST
[)~ Date:
~~ SIGNS LOGGED
By: By: Date:
Phone #: By:
~ '/0/'17
X8435 Date: Cost: TASAS:
.. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
., and year first above written.
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Approved as to form
And legal content:
James F. Penman
City Attom
By
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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
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