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HomeMy WebLinkAboutA2101 - CALTRANS HIGHWAY MAINTENANCE Caltrans - Amendment #, 1: t4ntce of .tate highways in P.S. 2101 Y AMENDMENT NO . 1 --- _ CITY OF PALM SPRINGS DATE JULY 1, 1987 AMENDMENT TO AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY entered into by and between the CITY of PALM SPRINGS , hereinafter referred to as "the CITY" , and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "the STATE" . WITNESSETH: WHEREAS , an Agreement for maintenance of State IIighways , as provided for in Section 130 of the Streets and IIighways Code, was executed between the CITY and the STATE, on July 1, 1984; and WHEREAS , said Agreement by its terms provides that it may be modified or amended at any time upon mutual consent of the parties; and WHEREAS, the parties hereto now desire that said Agreement be amended, NOW, THEREFORE, it is understood and agreed that said Agreement be and the same is hereby amended in accordance with the attached page dated July 1, 1987, and numbered Page 5 , which attached page shall be substituted for like numbered page in said Agreement, and shall cancel and supersede such like numbered page, becoming a part of said Agreement for all purposes . Also the current page labeled Highway 111 sweeping schedule shall be deleted in its entirety from said Agreement and shall be replaced by a new attached sweeping schedule dated July 1, 1987 . In all other respects, said Agreement shall remain in full force and effect. ANNUAL MAXIMUM ROUTE LENGTH EXPENDITURE NO. MILES DESCRIPTION OF ROUTING AUTHORIZED 111 10.38 State highway from North city limits at North line of Section 23, T3S, R3E to city limits at the East line of Section 23; a length of approxi- mately 0.73 mile for this portion; also, State highway from the city limits at the North line of Section 32, T3S, R4E to Palm Canyon Drive near the South line of Section 3, T4S, R4E along Palm Canyon Drive to Aveneda Moraga and along State high- way to the city limit line approxi- mately 0.45 mile Southeast of the East line of Section 30, T4S, RSE; a length of approximately 9.65 miles for this portion; a total length of approximately 10.38 miles. REVISED,-/,,,, JAL 11987 TOTAL AUTHORIZED EXPENDITURE $38,000.00 5 HIGHWAY 111 SWEEPING SCHEDULE Sweepings Sweepings Route Limits Curb Miles Per Week Per Year Max. Miles/Year No. Palm Cyn Tramway to Gran Via Valmonte 4 . 2 1 52 218 . 4 Downtown Gran Via Valmonte to Camino 2 . 4 5 33 396 .0 Parocela (In season) " " (Off season) 3 19 136 . 8 S . Palm Cyn Camino Parocela to Camino Real 2.9 1 52 150 . 8 E . Palm Cyn Camino Real to Golf Club 6 . 3 1 52 327 .6 TOTAL 15 . 8 1, 229 .60 * Total Annual Cost $26 , 190 .48 *Current actual cost, including overhead assessment has been determined to be $21. 30 per curb mile . REVISED. • AMENDMENT NO. 1 This Amendment shall become effective this lst day of July, 1987 . CITY OF PALM SPRINGS BY R/ '�o - _ City Manager C� /1 ty Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPROVED BY THE CITY COUNCIL. -LEO TROMBATORE BY wt.-No- t.No 7 Director of /Transportation 1 O / By District Director - A MINUTE ORDER NO. 8958 APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH THE CALIFORNIA DEPT. OF 'TRANSPORTATION FOR REIMBURSEMENT OF STREET SWEEPING AND ROADSIDE MAINTENANCE COSTS ON STATE HIGHWAY 111. I HEREBY CERTIFY that this Minute Order, approving Amendment No. I to the agreement with the California Department of Transportation for street sweeping and roadside maintenance on State Highway 111, was adopted by the City Council of the City of Palm Springs , California, in a meeting thereof held on the 1st day of July, 1987. r JUDITH SUMICH City Clerk WITrans - agr for mntnce of state highways in P.S. AGREEMENT #2jol (Orig 7-1-84) MO 3415, 7-10-84 (street sweeping & roadside mntnce) AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF PALM SPRINGS THIS AGREEMENT, made and executed in duplicate this 1st day of JULY 19811 by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the City of Palm Springs hereinafter referred to as "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 PALM SPRINGS 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 Sections I and J hereof or as said sections 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."(2) 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 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. 1 � �� 1 D. DEGREE OF MAINTENANCE: The degree or extent of maintenance work to be performed and the standards therefore shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the provisions of this Agreement as hereinafter specified 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 K "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 by the STATE 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 RESPONSrgILTTTES: 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, all officers and employees from all claims, suits or actions of every name, kind and description brought for• or in 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. 2 ® � 1 - - "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. 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 is included in this section. The functions are identified by the Caltrans HM Program Codes. HM21 ROADSIDE MAINTENANCE This provides for cleaning, maintaining, and repairing culverts, ditches, drains, structures, fences, curbs, sidewalks, and other appurtenances between the roadbed and the other highway right of way boundary line. Maintenance work to be performed within the area designated as drainage and slopes shall include such sidewalk and curb inspection and action toward repair of sidewalks, curbs and other facilities as is necessary to keep them in a reasonably safe condition. The CITY shall follow the same policy and procedures generally followed by it with respect to City streets in the matter of requiring sidewalk 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. It is agreed that reasonable diligence will be exercised by the CITY in performance of required sidewalk repair and control of vegetation as outlined in this portion of the Agreement. Should the CITY contemplate any significant work in this area with intent to bill the STATE, the CITY shall notify the STATE and receive prior approval before proceeding with the work. HM22 ROADWAY LITTER AND DEBRIS This provides for removal of litter and debris from roadway surfaces and roadsides. HM23 VEGETATION CONTROL (NONPLANTED AREAS) This provides for weed and brush control by chemical, biological or mechanical methods, trimming and removal of trees, and pest control . 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. 3 • • 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 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 the above amount may be made when such specific work is authorized in writing by the District Director with prior approval from the Chief, Office 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. H. DELEGATION OF MAINTENANCE: The specific maintenance function indicated below 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. HM-21 Roadside Maintenance Program HM-22 Roadway Litter and Debris Program"a HM-23 Vegetation Control Program ' See attached sweeping schedule ti I� � : i ANNUAL MAXIMUM ROUTE LENGTH EXPENDITURE NO. MILES DESCRIPTION OF ROUTING AUTHORIZED 111 10.38 State highway from North city limits at North line of Section 23, T3S, R3E to city limits at the East line of Section 23; a length of approxi- mately 0.73 mile for this portion; also, State highway from the city limits at the North line of Section 32, T3S, RILE to Palm Canyon Drive near the South line of Section 3, T4S, RILE along Palm Canyon Drive to Avenuda Moraga and along State high- way to the city limit line aproxi- mately 0.45 mile Southeast of the East line of Section 30, Tt4S, RSE; a length of Approximately 9.65 miles for this portion; a total length of approximately 10.38 miles. TOTAL AUTHORIZED EXPENDITURE $20,000.00 5 T. 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 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 would 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 representative for review during normal business hours for a period of three (;) years after payment of said billings. 6 J. TERMS OF AGREEMENT; This Agreement shall become effective July 1 , 1984 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. IN 14ITNESS MIEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF PALM SPRINGS APPROVED AS TO FORMBy f / 1 ���G�� %' NORMAN r/ CITY MANAGEi2 1City Attorney \ �' / .), f ]ate •— C Pity C erk AAP PROVED BY THE CITY COUNCIL BY P, N0 STATE OF CALIFORNIA d/;P/ C DEPARTMENT OF TRANSPORTATION LEO J. TROMBATORE Director of Transportation District Director Date + F 7 N �i H4 ghway 111 Sweeping Schedule Curb Frequencies Miles/ Number Sweepings Number Weeks Maximum LIMITS Sweeping Per Week Per Year Number Miles Authorized Tramway Rd. to Granvia Valmonte 4.00 1 52 208 Granvia Valmonte to Ramon Rd. 2.20 5 33 363 3 19 125.4 Ramon Rd. to Golf Club Rd. 9.2 1 52 478.4 TOTALS 15.4 1,174.8 Total =Annual Cost $10,714.18 Current actual cost, including overhead assessment has been determined to be $9.12 'Per curb mile.