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R 3211 , RESOLUTION NO. 3211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AMENDMENT TO THE AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF ARROYO GRANDE WHEREAS, the State of California, through its Department of Transportation has presented an Amendment to an Agreement entitled "Agreement for Maintenance of State Highways in the City of Arroyo Grande" which concerns the maintenance of State Highway Routes within the limits of the City of Arroyo Grande and, executed by the City on September 23, 1993; and WHEREAS, the amendment to said agreement provides for additional funding for the City's maintenance of said portions of State Highways within the City of Arroyo Grande: NOW, THEREFORE, BE IT RESOLVED that the City of Arroyo Grande does hereby approve the attached Amendment to Agreement for Maintenance of State Highways in the City of Arroyo Grande and the Mayor is directed to sign on behalf of the City. On motion of Council Member Lady, seconded by Council Member Runels and on the following roll call vote, to wit: AYES: Council Members Lady, Runels, Tolley, Fuller, and Mayor Dougall NOES: None ABSENT: None ATTEST: 1l~ {2. ~ NANCY A VIS, CITY CLERK RESOLUTION NO. 3211 Page 2 APPROVED AS TO FORM: APPROVED AS TO CONTENT: ~LG3 L. H-LL~ ROBERT L. HUNT, CITY MANAGER I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the following Resolution No. 3211 is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 25th day of March, 1997. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 31st day of March,1997. - ORIGINAL - H. DELEGATION OF MAINTENANCE AMENDED DATE: MARCH 1, 1997 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 101 2.60 Freeway from approximately -0- 1,000 feet north of El Campo Road, Post Mile 12.02; to Oak Park Road, Bridge No. 49.155, Post Mile 14.62; approximately 2.60 miles. 227 1.49 Grand Avenue from Route 101, HM1A1 $9,000 Post Mile 0.00 to Branch HM2 c2 Street; HM2 D3 then Branch Street from Grand HM4 :r( Avenue to the intersection of Branch Street, Crown Street, Lopez Drive, and Arroyo Grande- San Luis Obispo Road; then Arroyo Grande-San Luis Obispo Road from the inter- section of Arroyo Grande San Luis Obispo Road, Lopez Drive, Crown Street, and Branch Street to Printz Road, Post Mile 1.49; approximately 1.49 miles. TOTAL AUTHORIZED EXPENDITURES $ 9,000 1 CITI will maintain roadbed including shoulders. 2 CITI will maintain sidewalks and curbs as needed according to STATE/CITI joint inspections. Ornamental exposed aggregate sidewalks shall be maintained at CITI expense. Weed and brush control by manual or mechanical methods only. 3 Length of street to be cleaned II curb miles. 4 Electrical energy, see Exhibit "A". 6 AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF ARROYO GRANDE This AGREEMENT, made and executed in duplicate this 28th day of SEPTEMBER , ~993, by and between the State of . . California, acting by and through the Deparbnent of Transportation, hereinafter referred to as the "STATE" and the CITY of ARROYO GRANDE hereinafter referred to as the "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 wi thin the CITY as provided in section ~30 of the Streets and Highways Code. B. AGREEMENT This Agreement shall supersede any previous AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF ARROYO GRANDE 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. n (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. n (b) Operation of special safety conveniences and devices, and illuminating equipment. 2 " (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 dcunage 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 f or as May be prescribed from ti1ne 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 confor:mance 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 subj ect 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 perIorm 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 claiES, 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, authori ty 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 - A brief description of those maintenance functions delegated to the CITY are included in this section. The functions are identified by the Caltrans EM Program Codes. EMil FLEXIBLE ROADBEDS . This provides for patching and maintaining the surface and base courses of asphalt surfaced roadways including asphalt surfaced shoulders. , EM2C SLOPES/DRAINAGE/VEGETATION This provides for cleaning, maintaining, and repairing cul- verts, ditches, drains, curbs, sidewalks and other appurtenances .",-:) between the roadbed and the outer highway right-af-way boundary line. It also includes weed and brush control by manual or mechanical methods only. HM2D LITTER/DEBRIS This' provides for removal of litter and debris from roadway surfaces and roadsides. EM4K ELECTRICAL This includes electrical energy for safety lighting. .J 6 G. EXPENDITURE AUTHORIZATION The STATE will reimburse .the CITY for actual cost of all routine maintenance work perIormed 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 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. ) ../ 7 . H. DELEGATION OF MAINTENANCE The specific maintenance function indicated below and on EXHIBIT "A 1t is hereby delegated to the CITY. This delegation of 1naintenance function set forth herein does not include areas and functions of which the control and Daintenance 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 101 2.60 Freeway from approxiJnately -0- 1,000 feet north of El Campo Road, Post Mile 12.02; to Oak Park Road, Bridge No. 49.155, Post Mile 14.62: . "! approximately 2.60 JDiles. 227 1.49 Grand Avenue from Route 101, HMJ.Al $8,000 Post Mile O. 00 to Branch HM2cf3 Street: HM2D4 HM4r then Branch Street from Grand Avenue to the intersection of Branch street, crown street, Lopez Drive, and Arroyo Grande- San Luis Obispo Road; lCITY will maintain roadbed including shoulders. 2CITY will maintain sidewalks and curbs as needed according to STlt_TE/CITY joint inspections. Ornamental exposed aggregate sidewalks shall be maintainted at CITY expense. ~eed and brush contol by manual or mechanical methods only. ~ngth of street to be cleaned 3. 1 curb miles. ~l ectrical energy 1 see Exhibit" A" . ) B -' MAXIMUM ANNUAL ROUTE LENGTH PROGRAM AUTHORIZED NO. HILES DESCRIPI'ION OF ROUTING DELEGATED EXPENDITURE 227 (CONT'D) then Arroyo Grande-San Luis Obispo Road from the inter- section of Arroyo Grande San Luis Obispo Road, Lopez Drive, Crown Street, and Branch Street to Printz Road, Post Mile 1.49~ approximately 1.49 miles. # TOTAL AUTHORIZED EXPENDITURES $8,000 "::::, _J 9 I. SUBMISSION OF BILLS The CITY will submit bills in a consistent periodic sequence (1I1onthly, 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 EM Program Code as outlined in this Agreement. Billssubmi tted 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 . 'j extent that such ch~rges 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 ) 10 should immediately notify the STATE's Area Superintendent for the area of any ston damage or other emergency condition affecting the STATE highway. The CITY sha.l.l. 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 nODllal business hours for a period of three (3) years after payment of said bil.l.ings. J. TERM OF AGREEMENT . This Agreement shall become effective JULY 1. 1993, and shall remain in full force and effect 1JI1til amended or terminated. '." . ) This Agreement may be amended or t~ated 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 WITNESS WHEREOF, . the parties hereto have set their hands and seals the day and year first above written. CITY OF ARROYO GRANDE ~;J~ Mayor .. Approved as to fonn and STATE. OF CALIFORNIA procedures: DEPART.MENT OF TRANSPORTATION JAMES W. VAN LOBEN SELS . ..,.., Director of Transportation Cl~ !~ .~~L \ Ci Atrt::jorney Deputy District Director \J L/ Maintenance & Operations By Date /(;;'/9 ~ . I ) 12 ./ EXHIBIT "A" =ITY OF ARROYO GRANDE Effective JULY 1, 1993 ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION E. Number/ Type of Cost Distribution Route Pole No. Location Facilitv units state citv SIGNALS NONE FLASHERS . NONE LIGHTS NONE .:~, UTILITY OWNED BILLED BY THE CITY 227 30 Hausana Rd/ 70W HPS 1 50 50 Stanley Ave Crown Rill ~) 13 ../ Ct.a<.4J.'l.YICATION I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande I County of San Luis Obispo,' state of California do hereby certify under penalty of perjury that the attached Agreement for Maintenance of state Highways in the City of Arroyo Grande between the ci ty and the State of California Depa.rt1nent. of Transportation is a true, full and correct copy of said Agreement approved by the ci ty council of the city of Arroyo Grande in Minute Action at the regular meeting held in council Chambers on September 28, ~993. WITNESS my hand and the Seal of the city of Arroyo Grande affixed this 5th day of october, 1993. .. ~a.~ NANCY A. AVIS, CITY CLER1< CITY OF ARROYO GRANDE, CALIFORNIA .~.'I ) ~ended }AaintenaDce ~t;;'i;.,.- - .'- . - ~~-. - -" .- \ ..----... i . ; \ \ , t ----\--- \ \ N \ \ . . \ ,/ N"qtO- BiI i ~ 4(19" ,.....In,..