Loading...
HomeMy WebLinkAbout04/06/1993, C-6 - AMENDMENT TO AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SAN LUIS OBISPO. �u pp�� MEETING DATE: ��1114icity Of san LUIS owpo Aril 6 1993 COUNCIL AGENDA REPORT ITEM NI.1111 .4 c ae us ey, Public Wor Director Prepared by: Wayne Peterson, City En eer SUBJECT: Amendment to agreement for Maintenance of State Highways in the City of San Luis Obispo. CAO RECOMMENDATION: A. Adopt resolution approving agreement with the State of California, Department of Transportation,for maintenance of state highways within the City,authorize the Public Works Director to sign and authorizing the Public Works Director to sign future similar agreements. B. Adopt resolution for sharing the cost of electrical facilities on State highways within the City, authorize the Public Works Director to sign and authorizing the Public Works Director to sign future similar agreements. BACKGROUND: The current agreements with Caltrans were last revised in 1989. The need for revising the old agreements comes about due to the re-routing of State Route 227 at South Street. The new route resulted in a change of responsibility for maintenance of traffic signals and street lights, and the amount paid to the City by Caltrans for street sweeping services. There are two agreements under consideration, the first allows the State to bill the City for maintenance and energy costs of certain traffic signals and street lights.. The second allows the City to bill the State for street sweeping, maintenance on certain State highways, and for other street lights. Summary of changes: Old Agreement New Agreement Number of miles of street swept 5.76 4.15 City.typical bill to State for maint. $2,289.00 $1,956.00 State typical bill to City for signals $2,300.00 $2,000.00 Net difference 11.00 -44.00 FISCAL IMPACT: As noted above, the fiscal impact involved in the contracts caused by this change is relatively small. The City share of traffic signal energy and maintenance is slightly less than it used to be and the maintenance bill to the State is also slightly less. On the other hand, it should be recognized that the City took over full maintenance responsibility for 7 traffic signals and 4 street lights and gave maintenance responsibility for 2 signals to the State. This, combined with the additional 0.25 mile of street to maintain, means that the City will have a net increase in expenses in its operation budget for pavement and traffic signal maintenance. Attachments 1. Resolutions (2) 2. Agreements (2) 4 1 LJ RESOLUTION NO. (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN AGREEMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: WHEREAS,the State of California, through its Department of Transportation has presented an Agreement for Maintenance of the STATE highways in the CITY of San Luis Obispo, effective as of January 1, 1993, and to remain in effect until amended or terminated. WHEREAS, the City Council has read said Agreement in full and is familiar with the contents thereof: WHEREAS, the City Council recognizes that this Agreement is routine and falls within the responsibility of the Department of Public Works; THEREFORE, be it resolved by the City Council of the City of San Luis Obispo that;- (1) said Agreement for Maintenance of the STATE highways in the CITY is hereby approved and the Public Works Director is authorized to sign the same on behalf of said CITY; and (2) The Director of the Department of Public Works is authorized to sign future amendments of said Agreement. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this _ day of 1993. Mayor Peg Pinard ATTEST: City Clerk Diane Gladwell APPROVED: Wttofe)'� RESOLUTION NO. (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT FOR SHARING THE COST OF ELECTRICAL FACILITIES ON STATE HIGHWAYS IN THE CITY AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN AGREEMENT BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: WHEREAS, the State of California, through its Department of Transportation has presented an Agreement for sharing cost of State highway electrical facilities with the City of San Luis Obispo effective January 1, 1993, and to remain in effect until amended or terminated. WHEREAS, the City Council has read said Agreement in full and is familiar with the contents thereof: WHEREAS, the City Council recognizes that this Agreement is routine and falls within the responsibility of the Department of Public Works; THEREFORE, be it resolved by the City Council of the City of.San Luis Obispo that: (1) said Agreement for Sharing Cost of STATE highway electrical facilities within the City of San Luis Obispo is hereby approved and the Public Works Director is authorized to sign the same on behalf �. of said CITY; and (2) The Director of the Department of Public Works is, authorized to sign future amendments of said Agreement. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this _ day of 1993. ATTEST: Mayor Peg Pinard City Clerk Diane Gladwell APPROVED: tto e caggmta93 STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPOFi.ATION P.O. BOX 8114 SAN LUIS OBISPO, CA 93403.8114 TELEPHONE: (805) 549-3111 (805) 549-3259 March 2, 1993 05-Agreements RECE1 �lED 14AR 3 1993 ENGINEERING DIVISION CITY OF SM LUaQ&5F0 Wayne Peterson City Engineer City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403-8100 Dear Mr. Peterson: Attached are an original and three of the following: 1. Agreement for Maintenance of State Highways In the City of San Luis Obispo 2. Agreement for sharing cost of State Highway Electrical Facilities reflecting the route adoption and relinquishment of Route 227 with and effective date of January 1, 1993. These Agreements will supersede the exiting Maintenance Agreement dated June 20, 1989 and the Electrical Agreement dated May 1, 1984. After execution by the authorized City Officials, please return the original and two, attaching to each a copy of the authorizing resolution. A fully executed copy will be returned for your files. If I may be of further assistance, I can be reached at 549-3407. Sincerely, Marilyn M. Ross District Delegated Mtce. Agmts. Officer Attach �6-�O AGREEMENT FOR SHARING COST OF STATE HIGHWAY ELECTRICAL FACILITIES WITH CITY OF SAN LUIS OBISPO This AGREEMENT, made and executed in duplicate this day of , 19 , by and between the State of California acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of SAN LUIS OBISPO, hereinafter referred to as the "CITY". W I T N E S S E T H AGREEMENT This AGREEMENT shall supersede any previous AGREEMENT and/or .AMENDMENTS thereto for sharing State incurred costs in the CITY U with the CITY. ELECTRICAL FACILITIES Electrical facilities include flashing beacons, traffic signals, traffic-signal system, safety lighting, and sign lighting on the State Highway System. The cost of operating and maintaining flashing beacons, traffic signals, traffic-signal systems, safety lighting, and sign lighting now in place at the intersection of any State Highway Route and any City Street shall be shared as shown in Exhibit "A" . ( `, BASIS FOR BILLING r It is agreed that monthly billings .for flashing beacons, traffic signals, and traffic-signal systems shall be based on actual intersection costs which are as follows: A. Maintenance 1. Labor including overhead assessment 2. Other expenses a. Equipment b. Materials C. Miscellaneous expenses B. Electrical Energy It is agreed that monthly billings for safety lighting and sign lighting shall be based on calculated unit cost derived by averaging District-wide cost each month. Costs are as follows: A. Maintenance 1. Labor including overhead assessment 2. Other Expenses a. Equipment b. Materials C. Miscellaneous Expenses B. Electrical Energy 2 It is agreed that monthly billings for utility-owned and maintained lighting will be based on calculated unit costs derived from utility company billings. Exhibit "A" will be amended as necessary by written concurrence of both parties to reflect changes to the system. This Agreement shall become effective JANUARY 1. 1993 .1. 1993 . and shall remain in full force and effect until amended or terminated. The Agreement as above 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' notice to the other party. 3 C 6-7 IN WITNESS WHEREOF, the parties. hereto have set their hands and seals the day and year first above written. CITY OF SAN LUIS OBISPO By Mayor Peg Pinard City Clerk _Diane. G adwell Approved as to form: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES W. VAN LOBEN SELS ey Director of Transportation By By District Director of Transportation Date 4 EXHIBIT "A" City of SAN LUIS OBISPO Effective JANUARY 1, 19S ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION Billed and Maintained by the State SIGNALS E. Number/ Type of Cost Distribution Route Pole No. Location Facility Units State City 001 EL161 Santa Rosa & Traffic 50 50 EM16J Walnut Actuated it EL16J Santa Rosa & " 75 25 EM16J Olive " EL17B Santa Rosa & " 50 50 EM16J Murray. " EL17F Santa Rosa & " 50. 50 Foothill " EL17K Santa Rosa & " 75* 25 ' Highland - Cal Poly 101 EX25B Los Osos Valley Rd " 50 50 Southbound Ramp " EX25A Los Osos Valley Rd " 50 50 Northbound Ramp " EX27N Madonna Southbound " 50 50 227 EQ11A Tank Farm Road " 50 25** if EQ12A Broad & Orcutt " 50 50 it EQ12N Broad & South " 50 50 " EQ13M South & Higuera " 50 50 " EQ13N Madonna & Higuera " 50 50 * See Interagency Agreement with Cal Poly ** 1/4 County 5 �•, E. Number/ Type of Cost Distribution " Route Pole No. Location Facility Units State City FLASHERS NONE FLASHING WARNING SIGN 227 EQ10W South of Tank Farm 1 75 25 Road (Northbound) LIGHTS 001 Z1675 Santa Road/ 200W HPS 1 50 50 Walnut " Z1676 It " 1 50 50 " A1684 Santa Rosa/Olive " 1 75 25 " A1686 of " 1 75 25 " D1709 Santa Rosa/Murray " 1 50 50 " D1711 if " 1 50 50 " E1732 Santa Rosa/ 310W HPS 1 50 50 Foothill " E1733 is ° 1 50 50 " E1735 it ^ 1 50 50 ^ E1736 IT of 1 50 50 IT E1778 Santa Rosa/Highland " 1 75* 25 " E1779 " " 1 75* 25 E1781. " " 1 75* 25 " E1782 " " 1 75* 25 101 G2583 Los Osos Valley 200W HPS 1 50 50 Road Northbond Ramp. " G2584 if 1 50 50 " G2594 Los Osos Valley " 1 50 50 Road Southbound Ramp " G2597 it " 1 50 50 " J2739 Madonna Road " 1 50 50 Southbound " J2741 it " 1 50 50 " J2743 of " 1 50 50 " J2745 It " 1 50 50 " Y2999 Monterey & 200W HPS 1 0 100 Buena Vista OC " Y3033 " " 1 33.3 66.7 * See Interagency Agreement with Cal Poly 6 E. Number/ Type of Cost Distribution Route Pole No. Location Facility Units State Cit�•- 1 LIGHTS (CONT'D) � 227 1087 South of Tank 75W HPS 1 50 25* Farm Road (N/B Sign Light) E1104 Tank Farm Road 200W HPS 1 50 25* " E1105 if of 1 50 25* " E1107 it to 1 50 25* E1108 of It 1 50 25* B1193 Broad & Orcutt " 1 50 50 " B1194 " " 1 50 50 " B1195 " " 1 50 50 " B1196 It It 1 50 50 B1197 " it l 50 50 " C1263 Broad & South it 1 50 50 C1264 it of 1 50 50 " C1266 of of 1 50 50 " C1267 it to 1 50 50 " 13762 South & Higuera it 1 50 50 " 13722 " " 1 50 50 " 13812 Madonna & Higuera " 1 50 50 " 13832 it " 1 50 50 13842 " " 1 50 50 * 1/4 County 7 I AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SAN LUIS OBISPO This AGREEMENT, made and executed in -duplicate this day of , 19_1 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 SAN LUIS OBISPO hereinafter referred to as the "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 SAN LUIS OBISPO 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 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 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 conven- ience or device, planting, illumination equipment and other facility, in the safe and usable condi- tion 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 L (0 =' (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 the 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 provi- sions of Section 27 of the Streets and Highways Code, as set forth in the current edition of the State Maintenance Manual, 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 atrandom 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 "Terms of Agreement. " However, this random check does not preempt the CITY'S maintenance responsi- bilities 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 the 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 the 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 respect- ing the maintenance of State Highways different from the standard of care imposed by law. 4 It is understood and agreed that neither 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 the 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. The CITY waives any and all rights to any type of express, implied, and comparative indemnity against the STATE, .its officers and employees arising from any work, authority or jurisdiction delegated to the 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. 5 L.0 4 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. HMIA FLEXIBLE ROADBEDS This provides for patching, sealing, and maintaining the surface and base courses of asphalt surfaced roadways including asphalt surfaced shoulders. HM2C SLOPES/DRAINAGE/VEGETATION This provides for cleaning, maintaining, and repairing cul- verts, ditches, drains, fences, curbs, sidewalks and other appurtenances between the roadbed and the outer highway right- of-way boundary line. Curbs and sidewalks maintained as needed according to STATE/CITY joint inspection. Any repairs will be confirmed by Area Superintendent before payment is made. Textured medians and islands will be maintained at CITY expense. Existing landscaping, irrigation systems, and CITY owned sign(s) in islands will be maintained at CITY expense. HM2D LITTER/DEBRIS This provides for removal of litter and debris from roadway surfaces and roadsides. 6 C,y. rr HM4K ELECTRICAL This includes maintenance work performed on traffic signals and safety lighting. It also includes the electrical energy for these items. See Exhibit "A". 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" sheet (Section H) will be provided annually by the STATE for the ensuing fiscal year, if necessary, to ensure 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 7 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 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. 8 �1 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. MAXIMUM ANNUAL ROUTE LENGTH PROGRAM AUTHORIZED NO. MILES DESCRIPTION OF ROUTING DELEGATED EXPENDITURE 001 1.22 Santa Rosa Street from Walnut HM2C $ 81500.00 Street to north City Limit HM2D' at PM 17.73, approximately HM4R 0.96 mile. Also - Walnut Street from Santa Rosa. Street to Osos Street, approximately 0.09 mile; Olive Street from Santa Rosa Street to Osos Street, approximately 0.-09 mile; and Osos Street from Walnut Street to freeway ramps and Olive Street to freeway ramps, approximately 0.08 mile. A total length of approximately 1.22 miles. 101 6.86 Freeway from south City Limit -o- at Post Mile 25.00 to north City Limit near Cuesta Park, Post Mile 31.86, a total length of approximately 6.86 miles. 'Length of- street to be cleaned 4 curb miles. 9 MAXIMUM ANNUAL ROUTE LENGTH PROGRAM AUTHORIZED NO. MILES DESCRIPTION_OF ROUTING DELEGATED EXPENDITURE 227 2.89 South Broad Street from HM1A $23, 000. 00 City Limits, Post Mile 11.07 HM2C to South Street, Post Mile. HM2D2 R12.72. HM4K R12.75 Approximately 1.65 miles. Also - South Street_ Post Mile R12.72 R12.75 to Higuera Street Post Mile R13.74. Approximately 0.79 mile. Also - Higuera Street Post Mile 13.74 to Madonna Road Post Mile R13.82 Approximately 0.08 mile. Also - Madonna Road Post Mile R13.82 to the Southbound Highway 101 on and off ramps PM R14. 19. Approximately 0.37 mile. . A total length of approximately ^� 2.89 miles. / TOTAL AUTHORIZED EXPENDITURES $31,500. 00 \ 2Length of street to be cleaned 4.15 curb miles. 10 � 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 correspond- ing 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. 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 Superintendent of that specific area. In addition, the CITY 11 i 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 This Agreement shall become effective JANUARY 1. 1993 , 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 notice to the other party. 12 IN WITNESS WHEREOF, the. parties hereto have set their hands and seals the. day and year first above written. CITY OF SAN LUIS OBISPO By . Mayor Peg Pinard City Clerk Diane Gladwell- Approved as to form: STATE OF CALIFORNIA DEPARTMENT 'OF TRANSPORTATION JAMES W. VAN LOBEN SELS Director of Transportation By y At n District Director of Transportation By Date 13 ���� EXHIBIT "A" CITY OF SAN LUIS OBISPO Effective January 1, 1993 ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION E. Number/ Type of Cost Distribution Route Pole No. Location Facility Units State City SIGNALS NONE FLASHERS NONE UTILITY OWNED 001 299 Osos & Walnut 200W HPS 1 50 50 " 325 Montalban to 1 50 50 227 10 Lawrence 70W HPS 1 66.7 33 . 3 to 8 Francis to 1 66.7 33. 3 " 5 Caudill " 1 50 50 14