HomeMy WebLinkAboutState of California - 1989 Highway Maintenance Agreement
17
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY
OF
GILROY
This AGREEMENT, made and executed in duplicate this 19th
day of June , 1989 , by and between the State of
California, acting by and through the Department of Transportation,
hereinafter referred to as "STATE" and the City of Gilroy
hereinafter referred to as "CITY".
WIT N E SSE T H:
A. RECITALS:
The parties desire to provide for the CITY to perform
particular maintenance functions on the State highway(s) 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 GILROY and or
Amendments thereto with the CITY.
In consideration of mutual covenants and promises herein
contained, it is agreed:
The CITY will perform such maintenance work as is specifically
delegated to it, on State highway routes or portions thereof, 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 representatives.
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 improvement.
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(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
or facility."
D. DEGREE OF MAINTENANCE:
The degree or extent of maintenance work to be performed and
the standards therefor 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 CITY's 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.
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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,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 for
Maintenance. It is also understood and agreed that, pursuant to
Government Code Section 895.4, the CITY shall fully indemnify and
hold the STATE harmless from 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 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 not delegated to the CITY under this Agreement. It is
also understood and agreed that, pursuant to Government Code
Section 895.4, STATE shall fully indemnify and hold CITY harmless
from 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 not delegated to CITY 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.
A brief description of those maintenance functions delegated
to the CITY are included in this section. The functions are
identified by the Caltrans HM Families (Program) Codes.
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HM2C
HM2D
HM2E
HM4K
SLOPES/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
LITTER/DEBRIS
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
5. Miscellaneous
LANDSCAPING
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. The
following problems are included:
1. Weed control
2. Pruning/thinning/removing/replacing
3. Irrigation
ELECTRICAL - SAFETY LIGHTING
The STATE will not pay for the maintenance, installation,
repair, servicing, nor power for ordinary street lighting;
however, lighting at intersections, which qualify as safety
lighting under warrants approved/accepted by the STATE, will
be paid for when approved and specifically authorized by the
District Director. Where such lighting has been
specifically authorized, the maintenance operating costs
thereof shall be shared between the STATE and the CITY on a
pro rata basis in the same ratio as the number of legs in
the intersection under each jurisdiction bears to the total
number of legs.
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G. EXPENDITURE AUTHORIZATION:
The STATE will reimburse the CITY for actual cost of all
routine maintenance work performed by the 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" (Section H) will be provided
annually by the STATE for the ensuing fiscal year, if necessary, to
insure 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 $5,000 may be made when such specific work is authorized
in writing by the District Director with prior approval from the
Chief, Division of Highway 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.
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H. DELEGATION OF MAINTENANCE:
The specific maintenance function indicated below (and on
"EXHIBIT A") is 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
NO.
LENGTH
MILES
101
2.49
152(a)
3.83
152(b)
0.20
Footnotes:
First Street (Hecker Pass
Highway) from west city
limits at Burchell Road
to Monterey Street, a
length of 2.98 miles for
this portion; also, Monterey
Street from First Street to
Leavesley Road, a length of
0.35 mile for this portion~
also, Leavesley Road from
Monterey Street to junction
Route 101 Freeway, a length
of 0.50 mile for this
portion~ a total length of
3.83 miles.
(Footnotes 1, 2, 3)
Total Authorized Route 152 (a) $10,025.00
DESCRIPTION OF ROUTING
Freeway from south city
limits at the South Gilroy
Overhead to north city
limits at Buena Vista
Avenue, a length of
2.49 miles.
PROGRAM
DELEGATED
MAXIMUM
ANNUAL
AUTHORIZED
EXPENDITURE
None
$
0.00
HM2C
HM2D
HM2E
HM4K
$
0.00
9,000.00
0.00
1,025.00
Pacheco Pass Highway from None $ 0.00
south junction with Route 101
at Tenth Street to east city
limits 1,050 feet west of
Llagas Creek, a length of
0.20 mile.
Total Authorization Expenditure $10,025.00
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1. Length of street to be cleaned: 8.95 curb miles.
2. CITY will maintain curbs and sidewalks only and be responsible
for any costs therein.
3. CITY will maintain median landscaping at no cost to STATE.
I. SUBMISSION OF BILLS:
The CITY 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
Families 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 the CITY.
Emergency and storm repairs performed by the CITY will be paid
for only with prior approval of the STATE's Highway Maintenance
Superintendent of that specific area. In addition, the CITY should
notify the STATE's Highway Maintenance Superintendent for the area
of any storm damage or other emergency condition affecting the
STATE highway. Repair of equipment damaged in vehicular accidents
shall be considered routine maintenance. 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
such billings.
J. TERM OF AGREEMENT:
This Agreement shall become effective July 1, 1989 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) days written notice to
the other party.
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IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
CITY OF GILROY
Approved as to form:
,~~t,.dC~
By
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
ROBERT K. BEST
Director of Transportation
By
((' , 1,1 ? i-/. v'
, I/}.' t.-., (. i>' l.
ROBERT/J. &ACOBS
Deputy District Director
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RESOLUTION NO. 89 - 32
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AGREEMENT FOR
MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF GILROY.
WHEREAS, the State of California, through its Department of Transportation
has presented an Agreement for Maintenance of State Highways in the City of Gilroy
effective as of July 1, 1989 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:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy
that said Agreement for Maintenance of the State and Highways in the City of Gilroy
is hereby approved and the Mayor and the City Clerk are directed to sign the same
on behalf of said City.
PASSED AND ADOPTED this 19th day of June, 1989, by the following vote:
AYES:
COUNCILMEMBERS: GAGE, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS : HALE and KLOECKER.
APPROVED:
/7
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Mayor
,'---/
RESOLUTION NO. 89 - 32
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 89-32
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
19th
day of June
1989 ,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 26th
19 90.
d2ft~h~~t~
(Seal)
day of
January