HomeMy WebLinkAboutReso - CC - 024-2006RESOLUTION NO. 24-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AMENDED AGREEMENT FOR SPECIFIED CITY MAINTENANCE OF
STATE HIGHWAYS WITHIN THE CITY OF BURLINGAME
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the California Department of Transportation (Caltrans) and the City have
agreed to have the City provide some routine maintenance on El Camino Real, because Caltrans
does not have the funding or personnel to perform the level of maintenance and upkeep on local
State highways that citizens expect and that the City wishes; and
WHEREAS, the street lighting along El Camino Real was originally assigned to the City for
routine maintenance, but the City has learned that PG&E provides this maintenance and Caltrans
does not have any standards for maintenance for most of the lighting along the highway in
Burlingame; and
nature,
WHEREAS, the City no longer has staffing to provide street lighting maintenance of this
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The City Manager is authorized and directed to execute the amended Agreement for
Maintenance of State Highways with the City of Burlingame contained in Attachment A hereto.
2. The Clerk is directed to attest to the signature oft e Manager.
MAYOR
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing
resolution was introduced at a regular meeting of the City Council held on the t 9thday of Afrml
2006, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: COHEN, O'MAHONY, NAGEL, BAYLOCK
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: KE I G H RAN
TY CLERK
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS
WITH THE CITY OF BURLINGAME
THIS AGREEMENT is made effective this V day of January 2006, by and between the
State of California, acting by and through the Department of Transportation, hereinafter
referred to as "STATE", and the City of Burlingame, hereinafter referred to as "CITY".
I. The parties desire to provide that CITY perform particular maintenance functions on
the STATE highways within the CITY as authorized in Section 130 of the Streets
and Highways Code.
II. This Agreement shall supersede any previous agreement for maintenance of the
identified portion of the STATE highways in the CITY and/or amendments thereto
with the CITY.
III. The CITY will perform such maintenance work as is specifically delegated to it on
the identified STATE highway routes or portions thereof, all as described in Exhibit
A hereof. Said Exhibit may be subsequently modified with the consent of the parties
hereto, acting by and through their authorized representatives.
IV. The degree or extent of maintenance work to be performed, and the standards
therefore, shall be in accordance wit the provisions of Section 27 of the Streets and
Highways Code and the then current edition of the State Maintenance Manual (a
copy of which has been provided to the CITY), or a may be prescribed from time to
time in writing by the District Director and agreed to by the CITY in writing.
"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 an
authorized representative.
Maintenance is defined in Section 27 of the Streets and Highways Code including
any of the following:
Section 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.
(b) Operation of special safety convenience and devices, and
illuminating equipment.
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Effective: January 1, 2006
(c) The special or emergency maintenance or repair necessitated by
accidents or by storms or other weather conditions, slides,
settlements, or by other unusual or unexpected damage to a
roadway, structure, or facility.
An encroachment permit will be required for third parties when maintenance work is
re -delegated. Such re -delegated work shall be performed at the same levels of
service as spelled out herein.
V. The functions and levels of maintenance service delegated to the CITY in the
attached Exhibit A, Delegation of Maintenance, has been considered in setting
authorized total dollar amounts. The CITY may perform additional works if desired,
but the STATE will not reimburse the CITY for any work in excess of the
authorized dollar limits established herein_
VI. The STATE will reimburse the CITY for the actual cost of all routine maintenance
work performed by the CITY as delegated under EXHIBIT A of this Agreement. It
is agreed that during any fiscal year, the maximum expenditure for each function on
each route shall not exceed the amount as shown in Exhibit A of this Agreement
unless such expenditure has revised by an Amendment or otherwise adjusted or
modified as hereinafter provided for.
The expenditure per designated route for routine maintenance works, as referred to
above, may be increased or decreased, redistributed between routes, or, additional
expenditures for specific projects 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.
Additional expenditures or adjustments of expenditures, once 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 any said maximum expenditure, either an increase or decrease,
shall not affect other terms of the Agreement.
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Effective: January 1, 2006
VII. A new Exhibit A, DELEGATION OF MAINTENANCE, will be reviewed annually
by the STATE for the ensuing fiscal year, if requested by the CITY, to ensure an
equitable annual cost allocation.
VIII. 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 shall be submitted within six months of the close of the
STATES fiscal year on each June 30' and should be coded according to the Caltrans
HM Program Code as outlined in this Agreement. Bills submitted for work
performed in periods prior to any preceding fiscal year will be deemed waived and
will not be honored.
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 by the CITY for the direct cost of processing this type of bill will be
allowed.
IX. Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties to this contract, or to affect the legal liability
of either parry to the contract by imposing any standard of care respecting the
maintenance of State highways different form the standard of care imposed by law.
X. 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 and all of its 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 form
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.
XI. It is understood and agreed that neither the CITY 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 STATE under or in connection with any work, authority,
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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 and all of its 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 form
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.
XII. Costs and expenses authorized to be incurred by the STATE, and the commensurate
performance by the CITY, under the terms of this Agreement are conditioned upon
the passage of the annual State of California Budget by the Legislature, the
allocation of funding by the California Transportation Commission as appropriate,
and the encumbrance of funding to the District Office_ of the STATE to pay the
billings of the CITY.
XIII. This Agreement shall remain in full force and effect until amended by the mutual
consent of the parties thereto or terminated by either party upon thirty (30) days
notice to the other party.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
CITY OF BURLINGAME STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
WILL KEMPTON
Director of Transportation
Mayor
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Date
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Effective: January 1, 2006
Attest:
City Clerk
City Attorney
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Effective: January 1, 2006
EXHIBIT A
DELEGATION OF MAINTENANCE
The specific maintenance function indicted below is hereby delegated to the CITY. This
delegation of maintenance function set forth herein does not include the control and
maintenance areas and functions which rest with the CITY under the terms of executed
Freeway Agreements and/or Freeway Maintenance Agreements.
101 2.70 Bayshore Freeway, from southeast None
city limits at Humboldt Avenue to
northwest city limits 750 feet south
of Millbrae Avenue; a length of
2.71 miles
280 0.00 Northbound on-ramp to Junipero None
Serra Freeway from Trousdale Drive
TOTAL AUTHORIZED EXPENDITURE $25,000.00
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Maximum
Annual
Route Length
Program
Authorized
No. Miles Description of Routing
Delegated
Expenditure
82 2.88 El Camino Real, from southeast
HM2C
$10,000.00
city limits at Barroilhet Avenue
HM2D
15,000.00
to the northwest city limits 750
feet south of Millbrae Avenue;
a length of 2.88 miles of which
half width, from city limits at
Barroilhet avenue to Peninsula
Avenue (a length of 0.06 mile),
and a half width, from Bellevue
Avenue to a point near Oak Grove
Avenue (a length of 0.21 mile), lies
within the CITY
Total authorized expenditure Route 82
$25,000.00
101 2.70 Bayshore Freeway, from southeast None
city limits at Humboldt Avenue to
northwest city limits 750 feet south
of Millbrae Avenue; a length of
2.71 miles
280 0.00 Northbound on-ramp to Junipero None
Serra Freeway from Trousdale Drive
TOTAL AUTHORIZED EXPENDITURE $25,000.00
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EXHIBIT A
MAINTENANCE PROGRAM FUNCTIONS
HM2C SLOPES/DRAINAGE/VEGETATION CONTROL
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. delegated to the CITY:
Weed Control
Bush/Vegetation (Excluding trees)
Sidewalk Repair
STATE will maintain trees
The City may follow the same policy and procedure generally practiced regarding
CITY sidewalks by requiring repairs and control of vegetation to be made by or at
the expense of abutting owners, who are under legal obligation to perform such
work.
The Maximum Annual Authorized Expenditure for repair of sidewalks damaged by
trees which are the responsibility of the STATE shall not exceed $10,000.00.
1M2D LITTER/DEBRIS
This provides for removal of litter and debris from roadway surfaces and roadsides.
The following problems are delegated to the CITY:
Debris/Litter Pickup
Sweeping
Litter Pickup
Graffiti
The length of Route 82 to be swept is 3.8 curb" miles.
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Unless CITY itself is negligent, the STATE will, not withstanding the provisions of
Section IX, defend, indemnify and save harmless the CITY against claims for this
function (HM2D Litter/Debris) if work meets the following criteria:
Work will be performed at seven (7) day intervals. Call -outs will be
responded to within a reasonable time or the STATE Maintenance Manager
will be notified.