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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. Burl DMA 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. 2 Burl DMA 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, Burl DMA Effective: January 1, 2006 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 4 Date Burl DMA Effective: January 1, 2006 Attest: City Clerk City Attorney 5 Burl DMA 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 51 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 51 Burl DMA Effective: January 1, 2006 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. Burl DMA Effective: January 1, 2006 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.