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HomeMy WebLinkAboutAgenda Report - August 19, 1987 (84)AGREEN•ENI- APPROVED FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF LODI RES. NO. 87-109 CC -7(f) 25 CITY COUNCIL MEETING AUGUST 19, 1987 Council adopted Resolution No. 87-109 approving the agreement for maintenance of State Highways between the State of California and the City of Lodi and authorized the m,,ayor and City Clerk to execute the agreement. This agreement covers sweeping of Highway 12 within the City limits. It also covers the sweeping of Highway 99 ramps at Turner Road and Cherokee Lane. The City will b111 the State $4,527 annually for the. sweeping of these areas. .;��•- CITY ODI Pt�B ii. `i��I0RK EpARTAhENT n,nITRT!`TT (`nxlMI IINid``ATION S TO: FROM: MEETING DATE City Council City Manager August 19, 1987 AGENDA TITLE: Adopt Resolution Approving Agreement for Maintenance of State Highways in the City of Lodi and Authorizing the Mayor and City Clerk to Execute the Agreement RECOMMENDED ACTION: That the City Council adopt a resolution approving the agreement between the State of California and the City for maintenance of Lodi and authorizing the Mayor and City Clerk State highways in the City of to execute the agreement. BACKGROUND INFORMATION: For many years, the City has had an agreement for maintenance OT 3LC1k1X highways wittrin the City limits. This agreement covered the sweeping of State Highway Ito°eementlwasnlasteupdatedcinanVir1971Roa� for ar annual amount of $2,392. This a: The new agreement covers sweeping of Highway 12 within the City limits. It also covers the sweeping of Highway 99 ramps at Turner Road and Cherokee Lane bil the Stae $4,627 which the old agree mndiontheseot.Tareasihe Ciy Thewiljnewlagreementtprovides that annually for the sweepingf Section H, Delegation of Maintenance, will be updated annually to insure equitable annual costs. Jac L. Ronsko Pubi c Works Director JLR/SB/ma Attachments cc: Street Superintendent FILE NO. '� _ APPROVED: WS . ETER N. Cit Mana er August 10, 1987 CSTATE/TXTW.02M RESOLUTION NO. 87-109 RESOLUTION APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF LODI WHEREAS, the State of California, through its Department of Transportation, has presented an Agreement for Maintenance of State Highways in the City of Lodi. effective as of July 1, 1987 and to remain in effect until amended or terminated. WHEREAS, a copy of the subject agreement marked "Exhibit A" is attached hereto and thereby made.a part hereof. THEREFORE, be it resolved by the City Council of the City of Lodi that said Agreement for Maintenance of State Highways in the City of Lodi is hereby approved and the Mayor and. City Clerk are directed to sign the same o1 behalf of said City. Dated: I hereby certify that Resolution N0.87-109 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 19, 1987, by the following vote: Ayes: Councilmembers r Noes: Councilmembers x Absent: Councilmembers 9 ALICE M. REIMCHE City Clerk x. r F Y{ Kry rE��y _. rt S Mr. A. D. Wells Maintenance Engineer State of California Department of Transportation P. 0. Box 1048 1976 East Charter Way Stockton, CA 95201 Dear Mr. Wells: Pursuant; to your August 4 1987 letter, enclosed please find the original and duplicate signed copies of Agreement for. Maintenance ;in`. the City of Lodi and a.copy of the authorizing-Resolution`No. 27=109 which was adopted by the Lodi City Council at its .regular meeting of r August 19, 1987. e Please return a fully executed copy of the°subject agreement at your, earliest convenience. Very truly yours, - Alice M . Rejkhd City Clerk AMR: j j s Enc. - 4 5 £1 2 . - MiM d x �Y(]REEI�'•{E t\1 FUR f•rAllr l C�`IAN E 01 ST AI Hluii"1!�f�mia I ifiE C.1TT OF LODI THIS AGREEMENT, made and executed in duplicate this day of 19 by and between the State of California, acting by and roup t. e bepa—r—T ent of Transportation, hereinafter referred to as "the STATE" and the CITY of LODI 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 LODI 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 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_' l safe and usable condition to which ;t has been imprbved or constructed, but''does not include reconstructionor�other improvement.: "(b) Operation of :special safety convenjences and devices, and , illuminattn'equipment.- �4 11(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." CTMA(1/85) E t Y M D. DEGREE OF- MAINTENANCE: The degree or extent of maintenance work to be perfo-med 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 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 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, 'aN..'officers and employees from all claims, suits or actions`of every namek.nd:and description brought for or in account of injuries -to or death of any personor damage to property resulting from anything done or omitted to-be.',done lzy 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. CTMA(1/85) MAINTENANCE The CITY shall be required to perform and 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. 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. - = H.- DELE6-A.TION. OF_KAI NTEN ANNE _ The specific maintenance activity indicated below is hereby delegated to the - CITY. This delegation of>maintenance activity 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 12 6.32 Kettleman Lane 5.11 mi D $3678.00 Victor Road - 1.21 mi (Highway 12 within City _ limits) (Labor $64.46 + Equip $77.00-x 26 times/year) 99 1.5 Ramps at Turner Road D $ 944.00 and Cherokee Lane (Labor $254.64 + Equip $220.00 x 2 times/year) *Removal of litter and debris from roadway surfaces and roadsides by sweeping } - t C: 3 C`L - TOTAL AUTHORIZED EXPENDITURE $4627.00 ,r k., I. SUBMISSION OF BILLS: The CITE! 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 Aqreement. Bills submitted for periods prior to the last fiscal year will be deemea 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 admin- istrative 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 over- head 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 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 (B) years after payment of said billings., J. TERM OF AGREEMENT: