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HomeMy WebLinkAbout20- Public Services CITY OF SAN BERN ^ RDINO REQUEST r "IR COUNCIL ACTION From: Manuel P. Moreno, Jr. Subject: Authorization to Execute Revision No. 1 to Freeway Maintenance Dept: Public Services Agreement for State Routes Date: June 18, 1993 Synopsis of Previous Council action: 10-07-68 - Freeway Agreement executed between San Bernardino County and the State of California relating to development of Route 10 Freeway. 01-10-84 - Resolution No. 84-59 adopted authorizing execution of an agreement for maintenance of State Highways. 01-06-86 - Resolution No. 86-395 adopted authorizing execution of a Freeway Maintenance Agreement relating to State Highway Route I-10 02-15-93 - Resolution No. 93-34 adopted authorizing execution of Revision No. 1 to the Freeway Maintenance Agreement to State Highway Route I-10 Recommended motion: Adopt Resolution. Signature Contact person: MannPl P- Mnrenn, .Tr_ Phone: 514 0 Staff Report, Agreements Supporting data attached: and Resolution Ward: n/a FUNDING REQUIREMENTS: Amount: n/a Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. C�v CITY OF SAN BERN RDINO - REQUEST f )R COUNCIL ACTION STAFF REPORT A State Route Maintenance Agreement was entered into between the City and State in 1984. Revision No. 1 will reflect the recent change in state owned highways. Since we are already maintaining the state owned highways, under the new agreement we will be maintaining Route 18, Waterman Avenue from Fwy 30 to Sierra Way and 30th Eastbound off-ramp to eastbound on-ramp; Waterman Avenue from Sierra Way to North City lImit. Route 30, Highland Avenue from Macy Street to Freeway 30, connector Road from Mt. Vernon to 27th Street. Route 66, Foothill Blvd. from Pepper Avenue to H Street. The impact of Revision No_ 1 will be minimal. We recommend that Revision No. 1 be approved. 75-0264 1 RESOLUTION NO. 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 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino 7 is hereby authorized and directed to execute on behalf of 8 said City an agreement with the Department of Transportation 9 relating to the maintenance of State Highways in the City of 10 San Bernardino, Revision No. 1, a copy of which is attached 11 hereto, marked Exhibit "A" and incorporated herein by I 12 reference as fully as though set forth at length, but such 13 award will be effective only upon the contract being fully 14 signed. 15 SECTION 2. The contract authorized by this 16 resolution shall not take effect until fully signed and 17 executed by both parties. Neither party shall be obligated 18 hereunder unless and until the contract is fully executed and 19 no oral agreement relating thereto shall be implied or 20 authorized. 21 22 23 24 25 26 27 28 6/21/93 RESO. E" ';UTING AGREEMENT WITH THE DEPARTMENT OF TRANS PORTATl..N RELATING TO MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SAN BERNARDINO, REVISION NO. 1. 1 2 I HEREBY CERTIFY that the foregoing resolution was 3 duly adopted by the Mayor and Common Council of the City of 4 San Bernardino at a meeting thereof, held on 5 the day of 1993, by the following vote, 6 to-wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 NEGRETE 9 CURLIN 10 HERNANDEZ 11 OBERHELMAN 12 (OFFICE VACANT) 13 POPE-LUDLAM 14 MILLER 15 16 17 Rachel Clark, City Clerk 18 The foregoing resolution is hereby approved this 19 day of 1993. 20 21 Tom Minor, Mayor 22 City of San Bernardino 23 24 Approved as to form 25 and legal content: 26 James F. Penman 27 City Attorney 28 BY -2-� -2- 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" . W I T N E S S E 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 and/or 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. " (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. " (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. 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 HM11) 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. Crack/joint repair 2. Poor ride quality 3 . Structural pavement failure 4 . Potholes/local depressions 5. Preventive Maintenance 9. Miscellaneous. HM2C SLOPES/DRAINAGE/VEGETATION (Old HM21 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. The following problems are included: 1. Unpaved shoulder management 2 . Non-landscaped weed control 3 . Non-landscaped tree/bush/vegetation 4 . Fence repair 5. Drainage obstruction - ditch/channel 6. Drainage obstruction - drains/culverts 7 . Drainage obstruction - subsurface 8. Worn/damaged drainage facility 9. Miscellaneous. HM2D LITTER/DEBRIS (Old HM22) This provides for removal of litter and debris from roadway surfaces and roadsides. The following problems are included: 1. Debris/carcass pickup 2 . Freeway patrol j 3 . Sweeping 4 . Litter pickup 5. Spills 6. Graffiti 9. Miscellaneous. HM2E LANDSCAPING (Old HM25) I 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. Pruning/thinning/removing/replacing 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 MAINTENANCE" sheet (Section H) will be provided annually by the STATE for the ensuing fiscal year, if necessary, to ensure equitable annual cost. 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 "Exhibit 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 and/or Freeway Maintenance Agreements. MAXIMUM ANNUAL ROUTE LENGTH DESCRIPTION PROGRAM AUTHORIZED NO. MILES OF ROUTING DELEGATED EXPENDITURE 18 5.26 Waterman Avenue, from south R/W line of Route 30 Freeway to Arrowhead Road; also, 30th Street from WB on-ramp at Leroy HM1A Street WB off-ramp east HM2C $ 8, 383 . 00 of Broadmoor. HM2D $ 8,752. 00 30 2 . 06 Highland Avenue, from California Street to NB ramps of Route 30 Freeway; HM1A also, connector road from HM2C Mt. Vernon Avenue to NB HM2D $ 1,289. 00 ramps of Route 215 Freeway. HM2E $ 8, 000. 00 66 3 . 02 Foothill Blvd. , from Pepper Avenue to Lytle Creek Wash; also, Fifth Street, from Rancho Street to "H" Street; also, "H" HM1A Street, from 4th Street HM2C $ 8, 000. 00 to 6th Street. HM2D $ 4 , 576. 00 TOTAL AUTHORIZED EXPENDITURE $39, 000. 00 SWEEPING SCHEDULE Curb Miles Number of Route Limits Per Sweeping Sweepings 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. 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 1992, and shall remain in full force and effect until amended or terminated. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SAN BERNARDINO I I By Mayor I City Clerk * Approved as to form and STATE OF CALIFORNIA procedure: DEPARTMENT OF TRANSPORTATION JAMES W. VAN LOBEN SELS Attorney Director of Transportation Department of Transportation By City Attorney District Director n By * 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. F EXHIBIT °B' 1 RESOLUTION NO. 34-59 2 RESO_!'TION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION RELATING TO MAINTENANCE 3 OF STATE HIGHWAYS IN THE CITY OF SAN BERNARDINO. 4 BE IT RESOLVED BY THE MAYOR AND COtflO N COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor of the City of San Bernardino is hereby 6 authorized and directed to execute on behalf of said City an agreement with 7 the Department of Transportation relating to the maintenance of State Highways 8 in the City of San Bernardino, a copy of which is attached hereto, marked 9 Exhibit "A" and incorporated herein by reference as fully as though set 10 forth at length, but such award will be effective only upon the contract 11 being fully signed. 12 SECTION 2. The contract authorized by this resolution shall not 13 take effect until fully signed and executed by botl parties. Neither party 14 shall be obligated hereunder unless and until the contract is fully executed 15 and no oral agreement relating thereto shall be implied or authorized. 16 I HEREBY CERTIFY that the foregoing resolution was duly adopted 17 by the Mayor and Common Council of the City of San Bernardino at an 18 adjourned regular meeting thereof, held on the 10th day of February , 19 1984, by the following vote, to wit: 20 AYES: Council Members Castaneda, Reilly ; Fernandez , 21 *darks , r)u4.el , Frazier , Strickler 22 NAYS: None 23 ABSENT: None 24 I( i f 25 ! 26 I! 27 City Clerk 28 l l 1 The foregoing resolution is hereby approved this /* day of 2 February 1984. 3 4 5 ayor of y of S Bernardino 6 Approved as to form: 7 8 A&o�� 9 City Atkrney 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i 25 Ii L 26 i• 27 ii 28 i li - 2 - I Ii AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SAN BERNARDINO THIS AGREEMENT, made and executed in duplicate this 1st day of January 1984 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." WITNESSETH: 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 and/or 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 hereof all as hereinafter described under Sections I and J hereof or as said sections 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."(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. 1 ri1n7T 111111 "(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 and the provisions of this Agreement as hereinafter specified or as may be prescribed from time to time by the District Director. "District Director," as used herein, means the District Di rector of the Department of Transportation assigned to the territory in which the CITY is located, or his 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 K "Term of Agreement." However, this random check does not preempt the CITY's maintenance responsibilities as spelled out in the Agreement. An encroachment permit will be required for third parties when maintenance work is redelegated. Such redelegated work shall be performed to 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 by the STATE 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 I standard of care respecting the maintenance of State highways different from the standard of care imposed by law. 2 "It is understood and agreed that neither the STATE nor any officer ur employee is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under ur in connection with any work, authority or jurisdiction delegated to the C17 under this Agreement for maintenance. 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 dune 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 is included in this section. The functions are identified by the Caltrans HM Program Codes. HM11 FLEXIBLE ROADBEDS This provides for patching, sealing, and maintaining the surface and base courses of roadways, including asphalt surfaced shoulders. HM21 DRAINAGE AND SLOPES This provides for cleaning, maintaining, and repairing culverts, ditches, drains, structures, fences, curbs, sidewalks, and other appurtenances between the roadbed and the other highway right of way boundary line. Maintenance work to be performed within the area designated as drainage and slopes shall include such sidewalk and curb inspection and action toward repair of sidewalks, curbs and other facilities as is necessary to keep them in a reasonably safe condition. The CITY shall follow the same policy and procedures generally followed by it with respect to City streets in the matter of requiring sidewalk repairs and control of vegetation to be made by or at the expense of abutting owners who are under legal obligation to perform such work. It is agreed that reasonable diligence will be exercised by the CITY in performance of required sidewalk repair and control of vegetation as outlined in this portion of the Agreement. Should the CITY cuntemp'_ate any significant work in this area with intent to bill the STATE, the CITY s.^.all notify the STATE and receive prior approval before proceeding with the work. 3 HM22- ROADWAY LITTER AND DEBRIS This provides for removal of litter and debris from roadway surfaces and roadsides.* �H 3- VEGETATION CONTRO�(NON�PUN�TED RE AS) This provides for wed and bash-,control-by,_shgmical bj of Qgical or mechanical methods, trying and removal of trees, and pest control-. HM25- PLANTED AREAS This provides for watering, fertilizing, removal of shrubs, and control of weeds in planted areas. Includes trimming, removal, and spraying of trees, replacement of plants, shrubs, and trees, and pest control in planted areas. Irrigation System Provides for irrigation repairs, replacement of parts, adjustment of system and flushing of system. HM43- ELECTRICAL This includes maintenance work performed on highway electrical facilities including flashing beacons, traffic signals, traffic-signal systems, safety lighting and sign lighting. It also includes the electrical energy for these items. Timing sequence of traffic signals shall be determined after consultation with the CITY; however, the decision of the District Director shall be final. Maintenance of the "designed" timing is the responsibility of the CITY. Timing records shall be kept in both CITY maintenance and traffic branches. EMERGENCY OPERATION OF TRAFFIC SIGNALS DURING EQUIPMENT FAILURE A written "Contingency Plan" for operation of traffic signals should be prepared for emergency operation of each signalized intersection. Copies of the plan shall be kept in the controller cabinet and in the maintenance and traffic branches of the CITY. a. The plan shall be prepared after consultation with the CITY; however, the decision of the District Director shall be final. b. The plan shall detail the method of restoring a malfunctioning traffic signal to service as follows: (1) Place the signals in the flashing mode of operation. (2) Replace defective units. (3) If direct replacement of defective units cannot be made immediately, place the signals under control of an emergency replacement controller. *See attached sweeping schedu e. 4 E c. Flashing operation shall be considered as the "primary emergency mode of operation at all intersections." The plan shall specify the color each phase will display during flashing operation. Red/Yellow or all Red may be used. d. The plan shall specify the timing of each interval of an emergency replacement controller. e. The "Contingency Plan" for an intersection may be changed at any time to meet changing conditions following the procedure above. f. Documentation of the engineering reasons for selecting a particular plan for a specific location shall be kept on file in the CITY branches. The goal shall be to provide the safest emergency mode of operation. The same plan may be applicable for a large number of intersections. Every effort shall be made 4.o restore the operation of the intersection to normal operation as soon as possible. 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 sham 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 MAINTENANCE" sheet (Section H) will be provided annually by the STATE for the ensuing fiscal year, if necessary, to ensure equitable annual cost. 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 costing $5,000 or less 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. Expenditures for specific projects costing in excess of the above amount may be made when such specific work is authorized in writing by the District Director with prior approval from the Chief, Office of Highway Maintenance at Headquarters. 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 Exhibit 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 and/or Freeway Maintenance Agreements. MAXIMUM ANNUAL ROUTE LENGTH? PROGRAM AUTHORIZED NO. MILES DESCRIPTION OF ROUTING DELEGATED EXPENDITURE 215 11 .45 San Bernardino Freeway HM431 $ 2,000 from South City Limit to North City Limit 18 5.26 Waterman Avenue, from HM11 6,500 south R/W line of HM21 Route 30 Freeway to HM22 Arrowhead Road; also HM23 30th Street from WB On-ramp at Leroy St. HM43i WB Off-ramp east of Broadmoor 30 2.06 Highland Avenue, from HM11 10,000 California Street to HM21 NB ramps of Route 30 HM22 Freeway; also connector road from Mt. Vernon HM25 Avenue to NB ramps of Route 15E Freeway HM431 66 3.02 Foothill Blvd. , from HM11 10,500 Pepper Avenue to HM21 Lytle Creek Wash; HM22 also Fifth Street, HM23 from Rancho Street to HM431 H Street; also H Street, from 4th Street to 6th Street. 206 3.56 E Street, from EB Off- HM11 7,500 ramp, Route 30 Freeway HM21 to Kendall Drive; also HM22 Kendall Drive from E HM23 Street to State College HM431 Parkway TOTAL AUTHORIZED EXPENDITURE $36,500 1See Attached Exhibit A 2City to maintain landscaping at Highland and Mt. Vernon I. SUBMISSION OF BILLS: The CITY will submit bills in a consistent periodic sequence (monthly, quarterly, semiannually, 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 would 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 area 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 representative for review during normal business hours for a period of three (3) years after payment of said billings. 7 J. TERMS OF AGREEMENT: This Agreement shall become effective January 1 , 1984 and shall remain in full force and effect until amended or terminated. The Agreement as above 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 parry. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SAN BERNARDIN Mayor C ty Clerk STATE OF CALIFORNIA i DEPARTMENT OF TRANSPORTATION I LEO J. T30NBATORE Director of Transportation By /z District Director Date -2-3 Approved as to form: City A o rney 8 EXHIBIT "A" ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTFIBUTION Location/ Percent Intersection Cost Distribution Route Description State City/Co SIGNALS 66 Fifth St. at "fill St. 75 25 6E Fourth St. at "H" St. 37 112 62 112 206 "E" St. at 30th St. 50 50 206 State College Parkway 50 50 POWER ONLY 15 Mill Street NB On-Ramp 25 ?5 15 SB Freeway Ramps/Colton 50 50 Avenue 15 NB Freeway Ramps/Colton 50 50 Avenue 30 Highland Avenue at 50 50 Muscott Street 30 Highland Aveue at 50 50 Muscupiabe Drive 66 Meridian Ave. & Foothill 50 50 66 Muscott St. & Fifth St. 66 2/3 33 1/3 66 "L" St. & Fifth St. 50 50 66 "H" St. & Sixth St. 50 50 206 "E" St. at Marshall Blvd. 50 50 LIGHTS 66 Fifth St. at "H" St. 75 25 66 Fourth St. at "H" St. 37 112 52 112 206 30th St. at "E" St. 50 50 206 State College Parkway 50 50 206 "E" St. at Marshall Blvd. 50 50 POWER ONLY 18 Waterman Ave. at 48th St. 66 2/3 13 1/3 66 Fifth and Muscott St. 66 2/3 13 1/3 SWEEPING SCHEDULE Authorized Maximum Sweeping Effective January 1 , 1984 ROUTE LIMITS CURB MILES NUMBEP OF PER SWEEPING SWEEP--NGS 18 Waterman Avenue from 4.64 1 pe' week Freeway 30 to Sierra Way and 30th EB Off- Ramp to EB On-Ramp Waterman Avenue from 5.88 1 per week Sierra Way to North City Limit 30 Highland Avenue from 3.32 1 per week California St. to Freeway 30 Connector Road from 0.80 1 pL- week Mt. Vernon to 27th Street 66 Foothill Blvd. from 5.50 1 per week Pepper Avenue to H Street 206 E Street from 2.94 1 per week Freeway 30 to Kendall Drive; and Kendall Dr. from E Street to 40th Street Kendall Drive from 40th 1 .63 2 per month Street to State College Parkway Sweeping, including pickup service, actual cost not to ex2eed X8.00 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.