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CC - 1984-21 - Approving Agreement for Maintenance of State HighwayRESOLUTION NO. 84-21 n u A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF ROSEMEAD WHEREAS, the State of.California, through its Department of Transportation has presented an.Agreement for maintenance of the STATE highway in the City of Rosemead effective as of April 24, 1984, and to remain in effect until amended or terminated. WHEREAS., the City Council has.heard and read said Agreement in full and is familiar with the contents thereof: THEREFORE, be it resolved by.the City Council of.the City of Rosemeadthat said Agreement for Maintenance of the STATE highway in the City is hereby approved and the Mayor and the City Clerk are directed to sign the same on behalf of said City. ADOPTED this 24th day of April , 1984. i eel MAYOR ATTEST: City C1 t • • AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF ROSEMEAD 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 ROSEMEAD 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 Agrement shall supersede any previous AGRM14ENT FOR MAINTENENCE OF STATE HIGHWAYS IN THE CITY OF ROSEMEAD and/or AMENDMENTS thereto with the CITY. -1- 2/84 D6 0 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 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 inprovement." "(b) Operation of special safety conveniences and devices, and illuminating equipment." -2- 2/84 D6 • "(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 ccrply 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 CITIES maintenance responsibilities as spelled out in the Agreement. -3- 2/84 D6 u 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. LDSAL RELATIONS AND RESPONSIBILITIES: Nothing in the provisions of the 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 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 the CITY under or in -4- 2/84 D6 connection with any work, authority or jurisdiction delegated to the City under this Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall defend, indeivmify 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 except as otherwise provided by Statute. The CITY waives any and all rights arising from activities under this Agreement to any type of express and implied indemnity against the STATE, its officers or employees. It is the intent of the parties that the CITY will indemnify and hold harmless the STATE, its officers or employees from any and all claims, suits or actions as set forth above under this Agreement regardless of the existence or degree of.fault or negligence, whether active or passive, primary or secondary, on the part of the STATE. -5- 2/84 D6 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. 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. C 1 -6- 2/64 D6 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 arrount 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 maximum expenditure, either increase or decrease, shall not affect other terms of the Agreement. -7- 2/84 D6 • 0 H. DELEGATION OF 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 and/or Freeway Maintenance Agreements. ROUTE LENGTH NO. MILES DESCRIPTION OF ROUTING MAXIMUM ANNUAL PROGRAM AUTHORIZED DELEGATED EXPENDITURE 164 1.85 ROSEMEAD BOULEVARD from the south HM-22 city limits approx. 200 feet south of Wilmore St. (PM 5.03) to north city limits at south right of way of the Southern Pacific Railroad (PM 6.88), a length of approx. 1.85 miles, of which half width from south city limits to centerline of San Bernardino Freeway (PM 5.63), a length of approx. 0.60 miles lies within the city. NOTE: City will sweep full width of roadbed on above Route. $ 8,000 TOTAL AUTHORIZED EXPENDITURE $ 8,000 -8- 2/84 D6 MAINTENANCE FUNCTION HM11 - FLEXIBLE ROADBEDS • Attachment 1 o 0 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 outer highway right of way boundary line. HM22 - ROADWAY LITTER AND DEBRIS This provides for removal of litter and debris from roadway surfaces and roadsides. HM23 - VEGETATION ODNIY20L (NON-PLANTED AREAS) This provides for weed and brush control by chemical, biological or mechanical methods, trimming and removal of trees, and pest control. 2/84 D2 .Attachment 1 (cont'd) o 0 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. HM31 - BRIDGE AND PUMP MAINTENANCE This provides for repairs, cleaning and painting of bridge and sump pump structures. Includes electrical and mechanical maintenance of bridge and puW equipment. HM41 - PAVEMENT DELINEATION This provides for the repainting of traffic stripes and markings, and the cleaning, removal and replacement of raised pavement markers. HM42 - SIGNS i This provides for cleaning, replacement, and general maintenance of signs and supports, including support structures for overhead signs. *Attachment 1 0 0 MAINTENANCE FUNCTION DESCRIPTIONS HM43 - ELECTRICAL This includes maintenance work performed on highway electrical facilitilies 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/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 DURING EQUIPMENT FAILURE A written "Contingency Plan" for operation of traffic signals should be prepared for emergency operation of each signalized intersection. Copies f the plan shall be kept in the controller cabinet and in the k+: n airitensrlce 'aitci Traffic Branches of thQ (CITY/COUNTY) . .w3. - u. • Attachment 1 (cont'd) e 0 a. The plan shall be prepared after consultation with the (CITY/COUNTY); however, the decision of the District Director of Transportation 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 male immediately, place the signals under control of an emergency replacement controller. 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 "Contingehcy Plan" for an intersection may be changed at any tiiii~ to meet changing conditions following the procedure above. Attachment 1 (cont'd) 0 0 f. Documentation of the engineering reasons for selecting a particular plan for a specific location shall be kept on file in the (CITY/COUNTY) 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 to restore the operation of the intersection to normal operation as soon as possible. Attachment 1 0 0 MAINTENANCE FUNCTION DESCRIPTION HM44 - TRAFFIC SAFETY DEVICES This includes guide marker, guardrail, median barrier, vehicle energy attenuator, replace and repair. I. SUBMISSION OF BASS: • The CITY shall submit bills in a consistent periodic sequence (monthly, quarterly, semiannually or annually). Bills for lass than $500 shall not be submitted more than once each quarter. Bills most be submitted pranptly 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 by the City. -9- 2/84 D6 0 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 and shall remain in full force and effect until amended or terminated. This Agreement may be amended or terminated at any tine 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. -10- 2/84 D6 L: 0 0 IN WITNESS WHERFOF, the parties hereto have set their hands and seals the day and year first above written. City Attorney By CITY OF ROS Mayor City Clei0f STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LEO TROMBATORE Director of Transportation By Senior Maintenance Engineer -11- 2/84 D6