Loading...
HomeMy WebLinkAbout92-18 - State Highway MaintenanceRESOLUTION NO. 92 -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF NEWPORT BEACH WHEREAS, the City of Newport Beach and the State of California • wish to adopt an Agreement to provide for the maintenance to certain state highways in the City of Newport Beach; and WHEREAS, a true and correct copy of the Agreement between the parties is attached hereto as Exhibit "A ", and by this reference incorporated herein, NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve as follows: 1. That the document attached hereto as Exhibit "A ", entitled AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF NEWPORT BEACH, regarding the maintenance of certain state highways in the City of Newport Beach, is hereby adopted. 2. That the Mayor of the City of Newport Beach is hereby authorized to sign and fully execute the aforesaid Agreement on behalf of the City of Newport Beach. PASSED AND ADOPTED by the City Council of the City of Newport Beach at a regular meeting this 24th day of February 1992. J11 � j� /(� / Wm • Mayor C - 2Y?4 AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF NEWPORT BEACH THIS AGREEMENT is made and executed in duplicate this day && b 19 a , by and between the State of California acting by and t rough, the Department of Transportation, hereinafter referred to as "STATE ", and the City of Newport Beach, a municipal • corporation of the State of California, hereinafter referred to as "CITY". WHEREAS the parties desire City to perform particular maintenance functions on the STATE highways within CITY as permitted by Section 130 of the California Streets and Highways Code. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: This agreement shall supercede any previous agreement for maintenance of STATE highways within CITY and any amendments thereto between STATE and CITY. City shall perform the maintenance work specifically delegated to it, on the STATE highway routes or portions thereof, all as hereinafter set forth in Section 3 hereof or as said section may be subsequently modified in writing with the consent of the parties hereto acting by and through their authorized representatives. The STATE reserves the option to check at random all areas of STATE highways maintained by CITY to assure conformance to maintenance levels_ However, this random check does not preempt CITY maintenance responibilities as spelled out in this Agreement. A State 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. (1) 1 2. DEGREE OF MAINTENANCE The District Director acting through his authorized • representative, shall meet with CITY's authorized representative within 90 days after execution of this Agreement and at least once per year in ensuing fiscal years for the purpose of determining and agreeing on the degree and extent of maintenance work to be performed by CITY during the fiscal year in question. All agreed upon work to be performed and the standards therefor shall be in accordance with the provisions of Section 27 of the California 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, in writing, from time to time by the District Director of the Department of Transportation assigned to the territory in which CITY is located, or his authorized representative. Maintenance is defined in Section 27 of the California Streets and Highways Code as follows: a) The preservation and keeping of rights of way, and each type of roadway, structure, safety convenience or device, planting, illumination equipment or other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvements. 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 of facility. (2) 3. DELEGATION OF MAINTENANCE_ The specific maintenance functions set forth below are hereby • delegated to CITY. A brief descripton of the maintenance functions delegated to CITY are included in this section. The functions are further identified by the CalTrans HM Program Codes. An attachment detailing said Program Codes is attached hereto as Attachment 1 incorporated herein by this reference. This delegation of maintenance functions set forth herein does not supersede areas and functions of which the control and maintenance rests with the local authority under terms of Freeway Maintenance Agreements. Planning, organization and scheduling of the maintenance function shall be at the discretion of the CITY. MAXIMUM ANNUAL ROUTE LENGTH DESCRIPTION PROGRAM AUPHOIRIZED NO. MILES DELEGATED EXPENDITURE 6.93 PACIFIC COAST HWY. HM -21) $28,500.00 from south east City limits (PM 14.65) approx. 1000 feet east of Cameo Highlands Drive to the northwest city limits (PM 21.58) approx. 310 feet west of Summitt St. a length of approx. 6.93 miles 55 0.97 NEWPORT BOULEVARD HM -21) $ 8,000.00 from Finley Ave. (PM 0.00) to north City limits(PM 0.97) at 15th St. a length of approx. 0.97 miles. %% (3) 4. LEGAL RELATIONS AND RESPONSIBILITIES: Nothing in the provisions of this Agreement is intended to create duties -or obligations to 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 imposed by law. It is understood and agreed that neither STATE, 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement_ It is also 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 CITY under or in connection with any work, authority or jurisdiction delegated to 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 STATE under or in connection with any work, authority or jurisdiction reserved to 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 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 of damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction reserved to the STATE under this Agreement. (4) %.I . : WKSUIR Subsequent to meetings with the District Director to establish • the degree of maintenanceto be performed as required by Section 2, CITY shall prepare a cost estimate for all routine maintenance as agreed to by the parties. The estimate shall be forwarded to STATE and shall be used by state as the basis for determining the "maximum authorized expenditure" as delineated in Section 3. In order to ensure equitable compensation, a new "DELEGATION OF MAINTENANCE" sheet (Section 3) will be provided annually by STATE for the ensuing fiscal year based on CITY "s estimate of costs for maintenance. STATE shall request the cost estimate from CITY and shall deliver the new "DELEGATION OF MAINTENANCE" sheet at least 120 days prior to the beginning of the fiscal year in question. STATE shall reimburse CITY for actual cost of all routine maintenance work performed by CITY as delegated under this Agreement, but it is agreed that during any fiscal year the maximum expenditure on any route shall not exceed the amount authorized by Section 3 of Agreement, unless such expenditure is revised by and amended Agreement or otherwise adjusted or modified as herein provided for. CITY may perform additional work if desired but STATE will not reimburse CITY for any work in excess of the authorized amount (unless approved by the District Director). The District Director may authorize adjustments needed because of inflation or changes in program emphasis. 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 $5,000.00 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 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. 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 expenditure, either increases or decreases, shall not affect the terms of this Agreement. (5) 6. SUBMISSION OF BILLS: CITY shall submit bills in a consistent periodic sequence (monthly, quarterly, semi - annually 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 the • 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 will not be honored. Equipment shall be charged at mutually acceptable rental rates and labor and material at actual cost. CITY will be allowed to recover overhead and administrative costs at rates as established by CITY's accounting records, not to exceed those charged by STATE for similar services. Emergency repairs may be performed by CITY with prior approval of,the District Director or his representative. Payment shall be made only for the work authorized. Telephone authorization shall be accepted by both parties as valid for such repairs. Telephone authorization shall be followed by written approval within ten days. 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. 7. TERMS OF AGREEMENT- This Agreement shall become effective January 1, 1992 and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the parties hereto. This Agreement may also be terminated by either party upon thirty (30) days written notice to the other party. (6) IN WITNESS THEREOF, the parties hereto have caused this Agreement to be,executed by and through their authorized officers • the day, month and year first above written. STATE OF CALIFORNIA CITY OF NEWPORT BEACH DEPARTMENT OF TRANSPORTATION A.A. PIERCE ACTING DIRECTOR OF TRANSPORTATION BY: */ix 7 CHIEF, MAINTENAN99 BRANCH DISTRICT 12 7) Mayor AS TO FORM: INITIATED AND APPROVED GENERAL SERVICES DIRECTOR REVIEW AND APPROVED: CITY MANAGER : F/CiO Attachment 1 MAINTENANCE FUNCTION DESCRIPTIONS 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. • 2. 3. 4. 5. 6. Crack /,joint repair Poor ride quality Structural pavement failure Potholes /local depressions Preventative Maintenance Miscellaneous HM1B RIGID ROADBED (Old HM12) This provides for patching, sealing and repairing concrete roadbeds, approaches to bridges, and their appurtenant shoulders and foundations. The following problems are included: 1. Crack /joint repair 2. Poor ride quality 3. Structural pavement failure 4. Bridge approach /departure 5. Paved shoulder - preventive maintenance 6. Paved shoulder - repair 7. . Miscellaneous HM2C SLOPE/DRAINAGE/VEGETATION (Old HM21 and HM23) 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 peat 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 -2- HM2D LITTER /DEBRIS (Old HM22) Attachment 1 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 3. Sweeping 4_ Litter pickup 5. Spills... nonhazardous material only; City shall • report all hazardous spills (on State highway) to Caltrans Communication Center at (714)724 -2607 24 hours Monday through Friday or Santa Ana C_H.P. Office (714)547 -8311 (Weekends, Holidays) 6. Miscellaneous HM2E LANDSCAPING (Old HM25) 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 area. The following problems are included: 1. Weed control 2. Pruning /thinning /removing /replacing 3. , Irrigation 4. Miscellaneous HM3H BRIDGES (Old HM31 except pump plant maintenance) 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 S. Drainage systems 7. Painting 8. Miscellaneous HM3J OTHER (Old HM31 pump plants) This provides for the maintenance, repair and cleaning of pump plants. The following problems are included. 1. Pump plant 2. Miscellaneous Attachment 1 -3- HM4M TRAFFIC GUIDANCE (OLD HM41, HM42, and HM44) This provides for repainting of traffic stripes and markings and the cleaning, removal, and replacement of raised pavement markers. Cleaning, replacement, and general maintenance of signs and support, including support structures for overhead signs are included_ • 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 striping 2. Pavement markings 3. Raised pavement markings 4. Signs 5. Roadside markers 6. Guardrail 7. Median Barrier 8. Vehicle energy attenuator 9. Miscellaneous HM4K 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 sequences of traffic signals shall be determined after consultation with the (CITY /COUNTY); however, the decision of the District Director of Transportation shall be final. Maintenance of the "designed" timing is the responsibility of the (CITY /COUNTY). Timing records shall be kept in both (CITY /COUNTY) Maintenance and Traffic Branches. EMERGENCY OPERATION OF TRAFFIC SIGNALS Flashing operation shall be considered as the "primary emergency mode of operation at all intersections ". Red/ Yellow or all red may be used, as determined by State Traffic Engineering. Every effort shall be made to restore the intersection to normal operation as soon as possible.