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HomeMy WebLinkAboutAGMT - California Department of Transportation (Maint of State Highways) [PCH] II • AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SEAL BEACH THIS AGREEMENT, made and executed in duplicate this /C /4 day of ,_ zed& , 1992 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 Seal Beach 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 Seal Beach 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 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 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. " -2- • " (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 preempt the CITIES maintenance responsibilities as spelled out in the Agreement. -3- • • 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 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 from the standard of care imposed by law. -4- • • 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 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. 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 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 STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this Agreement. -5- • • 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 shown on Attachment 1 . The functions are identified by the Caltrans HM Program Codes, as shown on Attachment. -6- • • G. EXPENDITURE AUTHORIZATION: The STATE will reimburse the CITY for actual costs of all routine maintenance work performed by CITY as delegated under 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 for routine maintenance work as referred to above may be increased or decreased, or additional expenditures for specific projects costing the STATE $5, 000 or less may be made when such adjustments 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, Division of Maintenance at Headquarters . -7- • • Additional expenditure 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 Agreement, Freeway Maintenance Agreements and/or Encroachment Permits. MAXIMUM ANNUAL ROUTE LENGTH PROGRAM AUTHORIZED NO. MILES DESCRIPTION DELEGATED EXPENDITURE 01 2 . 68 Pacific Coast Highway HM1A $10, 000 . 00 from southeast City HM2C limits at P.M. 31. 04 to HM2D north city limits at HM4M* Orange/L.A. County Line at P.M. 33 . 72, a length of approx. 2 . 68 miles *Excluding raised pavement markers and signs Note: Included in the above limits s a portion of Orange County Territory from approximately P.M. 31. 79 to P.M. 32 . 38 a length of approximately 0. 59 miles which will be maintained by the City. STATE WILL MAINTAIN BRIDGES Total Authorized Expenditure $10 , 000. 00 -8- • • I . SUBMISSION OF BILLS The CITY shall 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. -9- • • Maintenance services provided by contract or on a unit-rate basis with overhead costs included shall not have these above ,,:«:t _r.Ef charged 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: pp This Agreement shall become effective & ��47/� and shall remain in full force and effect until amended or terminated. 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) day ' s notice to the other party. -10- • • IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SEAL BEACH By 4e0 /.-11,1 ,.t ayor ety Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION James W. van Loben Sels Director of Transportation M1 By b City Attorney W. T. Almany III Chief, Maintenance Branch District 12 By -11- • • 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 . Crack/joint repair 2 . Poor ride quality 3. Structural pavement failure 4. Potholes/local depressions 5 . Preventative Maintenance 6. Miscellaneous HM1B RIGID ROADBED (OLD HM12 ) This provides 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 - preventative 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 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 • • Attachment 1 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 . Sweeping 3 . Litter pickup _ 4 . Spills. . .non hazardous 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, Holiday) 5. 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 . Substructures 2 . Superstructures - steel 3 . Superstructures - concrete 4 . Expansion joints 5 . Railings 6. Drainage systems 7 . Painting 9 . Miscellaneous HM3J Other Structures (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 operations 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 .