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HomeMy WebLinkAboutResolution No. 89270 9 RESOLUTION NO. 8927 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF AZUSA The City Council of the City of Azusa does resolve as follows: WHEREAS, the State of California, through its Department of Transportation, has presented an Agreement for Maintenance of the State Highway in the City of Azusa effective as of September 4. , 1990, and to remain in effect until amended or terminated. WHEREAS, the City Council has heard read said Agreement in full and is familiar with the contents thereof; THEREFORE, be it resolved by the City Council of the City of Azusa that said Agreement for Maintenance of the State Highway in the City is hereby approved and the Mayor and City Clerk are directed to sign the same on behalf of said City. ADOPTED AND APPROVED this 4th day of Septemhc,r , 1990. I hereby certify that the foregoing resolution was duly adopted and passed by the City Council of the City of Azusa at a regular meeting held on the 4th day of September 1990, by the following vote of the Council: AYES: Councilpersons: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: Councilpersons: NONE ABSENT: Councilpersons: NONE CLERK AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF AZUSA THIS AGREEMENT, made and executed in duplicate 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 AZUSA 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 AZUSA AND/OR AMENDMENTS thereto with the CITY. 1 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 Section H hereof or as said section may be subsequently modified with 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 reconstuction, or other improvement. "(b) Operation of special safety conveniences and devices, and illuminating equipment. 2 9 "(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 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 J "Term of Agreement." However, this random check does not prempt the CITY'S maintenance responsibilities as spelled out in the Agreement. 3 11 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 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 Agreement or affect the legal liability of either party to the Agreement by imposing any standard care different from the standard of care imposed by law. It is understood and agreed that neither STATE, nor any officer or employee thereof is reasponsible 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 also understood and agreed that pursuant to Government Code 4 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. It is understood and agreed that neither 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 also understood and agreed that pursuant to Government Code Section 895.4 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 STATE under or in connection with any work, authority or jurisdiction delegated to the STATE 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. 5 0 0 A brief description of those maintenance functions delegated to the CITY are shown on Attachment 1. The functions are identified by the Caltrans HM Program Codes. 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 espenditure 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 authrized 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, Division of Maintenance at Headquarters. N E E 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 functions indicated below are 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, Freeway Maintenance Agreements and/or Encroachment Permits. ROUTE LENGTH PROGRAM NO. MILES DESCRIPTION OF ROUTING DELEGATED 39 6.84 AZUSA AVENUE (Northbound HM1A and Southbound) from the HM2C south line of Arrow Highway, HM2D P.M. 13.08 to 0.45 mile HM2E south of Gladstone Avenue, HM3H P.M. 13.16, a length of HM4M approximately 0.08 mile for this portion; also, Note: The above portion which lies within County territory is to be maintained by the City, Department will issue permits. Northbound and Southbound: Azusa Avenue from south city limits, P.M. 13.16, 0.45 mile south of Gladstone Avenue to 251 feet north of First Street, P.M. 14.16, a length of approximately 1.00 mile for this portion; also, 7 MAXIMUM ANNUAL AUTHORIZED EXPENDITURE 35,000 0 0 Northbound: Azusa Avenue from 251 feet north of first Street, P.M. 14.16, to junction with San Gabriel Canyon Road 370 feet north (along San Gabriel Avenue) of sierra Madre Avenue, P.M. 16.04, a length of approximately 1.88 miles for this portion; also, Southbound: San Gabriel Avenue from 251 feet north of First Street P.M. 14.16, to junction with San Gabriel Canyon Road 370 feet north (along San Gabriel Avenue) of Sierra Madre Avenue, P.M. 16.04, a length of approximately 1.88 miles for this portion; also, Northbound and Southbound: San Gabriel Canyon Road from junction with San Gabriel Avenue, P.M. 16.04 to north city limits, about 140' N/O P.M. 18.01, a length of approximately 2.0 mile for this portion. A total length of approxi- mately 6.84 miles. NOTE: (1) HM4M - City will not be responsible for traffic stripes and signs. TOTAL AUTHORIZED EXPENDITURE $35,000 I. SUBMISSION OF BILLS: The CITY shall submit bills in a consistent periodic sequence (monthly, quarterly, semiannually or annually). Bills for less than $500.00 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 acutal cost. The CITY will be allowed to recover 0 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 to 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 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 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 remain in full force and effect until amended or terminated. and shall This 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. 0 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ROBERT K. BEST Director of Transportation By: Senior Maintenance Engineer 10 CITY OF AZUSA By: 1 , 'Mayor By: City Clerk By:4 A City Attorney 0 0 Attachment 1 MAINTENANCE FUNCTION DESCRIPTIONS HM1A FLEXIBLE ROADBEDS 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. Preventative Maintenance 6. Miscellaneous HM2C SLOPE/DRAINAGE/VEGETATION This provides for cleaning, maintaining, and repairing culverts, ditches, drains, structures, fences, 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. Nonlandscaped weed control 3. Nonlandscaped tree/brush/vegetation 4. Fence repair 5. Drainage obstruction - ditch/channel 6. Drainage obstruction - drains/culverts 7. Drainage obstruction 8. Worn/damaged drainage facility 9. Miscellaneous HM2D LITTER/DEBRIS This provides for removal of liter and debris from roadway surfaces and roadsides. The following problems are included: 1. Debris/carcass pickup 2. Rreeway-patrel 3. Sweeping 4. Litter pickup 5. Spills ...non hazardous material only; City shall report all hazardous spills (on State highway) to Caltrans Communication Center at (213) 620-3270 6. Miscellaneous 11 0 0 HM2E LANDSCAPING This provides for watering, fertilizing,-remeval-off-shams-and zort-atwEeds-=piante-&-a=g----TncludSs trimming, removal, and spraying of trees, repiacement-vf-plants;-sh.Lub5-ancr-tre-e�s, an& pest-eontrai in -punt -area. The following problems are included: 1. Weed-eeirt-rei 2. Pruning/thinning/removing/rep}acing 3. Irrigation 4. Miscellaneous HM3H BRIDGES This provides for repairs, cleaning, and painting of bridges. Also includes electrical and mechanical maintenance. The following problems are included: 1. Substructure 2. Superstructure - steel 3. Superstructure - concrete 4. Expansion joints 5. Railings 6. Drainage systems 7. Painting 8. Miscellaneous HM4M TRAFFIC GUIDANCE This provides for repainting of traffic -stripes -and markings and the cleaning, removal, and replacement of raised pavement markers. elean}ng-r-repi-acement,--artd-clenexat--ma-i-irtena=e-aP-si-gns and sugpo-rt;-inelu�tng-support-structures-for-overhsat-siTjns-arre ineq-uded. Also, the repair, cleaning, and replacement of guideposts, markers, guardrail, and energy dissipators as well as the repair of median barriers and their appurtenances. The following problems are included: 1. Pavement-st-ripi-ng- 2. Pavement markings 3. Raised pavement markings 4. S-igns 5. Roadside markers 6. Guardrail 7. Median Barrier 8. Vehicle energy attenuator 9. Miscellaneous 12