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HomeMy WebLinkAboutH-2e - Agreement for Maintenance of State Highways in the City of Newport BeachAUG 1,1 1980 By ih* CITY COUNCIL CITY OF t1 *VMT BEACH TO: MAYOR & CITY COUNCIL FROM: Public Works Department 0 August 11, 1980 CITY COUNCIL AGENDA ITEM N0. htw X Ce—) SUBJECT: AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF NEWPORT BEACH RECOMMENDATIONS: 1. Approve a revised agreement for maintenance of State highways in the City of Newport Beach. 2. Adopt a resolution authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: In 1971 the City entered into an agreement with the State of California, Department of Transportation, for the routine maintenance of State highways in the City. Routine maintenance consists of street sweeping and maintenance of certain street lights. Recent negotiations between the City and the California Department of Transportation have resulted in a revised agreement which will supersede the agreement in force since 1971. The revised agreement reflects increased allotments to cover the cost of energy and the increasing cost of labor and equipment. The former agreement provided for a maximum annual reimbursement of $20,000. The new agreement provides for a maximum annual reimbursement of $30,000. Benjamin B. Nolan Public Works Director IM: do 0 i �il�lllii 'J / AUG 1 1980 RESOLUTION NO. 1 By " CITY COUNCIL CI'n of Nt~ KA04% RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA FOR THE MAINTENANCE OF STATE HIGHWAYS WITHIN THE CITY OF NEWPORT BEACH WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the State of California for the maintenance of state highways within the City of Newport Beach; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 11th day of August, 1980. Mayor ATTEST: City Clerk kv 080480 *0 7e4 City Clerk May 25, 1971 Acting City Manager Attention: Administrative Aide J. Eugene Gaudio City Clerk Agreement for Maintenance of State Highways in the City. Enclosed are the signed original and two copies of subject agreement for transmittal to the State Department of public Works. .After the State has executed the documents, please see that one copy is returned to our office for filing. Laura Lagios City Clerk LL:dg Encl. (3) cc: Finance Department v: 1. 3 f S:, ,-fC STfG,O Ai1FORNIA— BUSINESS AND TRAN;, /OPTATION AGENCY EDMUND G. BROWN JR., Gev.nror E } RTMENT OF TRANSPORTATION VCT T, P.O. BOX 2001, LOS ANGELES 90051 .® a y November 15, 1979 a Mr. Benjamin B. Nolan Director of Public Works City of Newport Beach 3300 W. Newport Blvd. ` Newport Beach, California 92663 '.. -Dear Mr. Nolan: , Q Attached for your approval is a copy of the revised Agreement for !Maintenance of State Highways, between the.City of Newport Beach and the State of California, Department of Transportation. This revised agreement reflects increased allotments to cover cost of energy and the increasing cost of labor and equipment. Please have the City execute their portion of this agreement and return it to State of California, Department of Transportation, 120 South Spring Street, Los Angeles, CA. 90012, Attention: r. Alex Morelan, Room 128G. We will then formally execute this agreement with the District Director of Transportation's signature. Upon formal execution we will forward a copy to the City of Newport Beach, Thank you for your consideration. If you have any questions regarding said agreement, please contact Mr. Morelan at (213) 620 -3946. Sincerely, j1 A. A. SMI' , Chief Maintenance Branch Attach. JTW: sgr AECEiVED 4UB,ll� WORKS JUL 10 1980"- CITY OF NEWPORT BEACH, CALIF. ` ) Page 1 of 23 DM- M -150a (9 -79 AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE (CITY /669FWA OF Tde,aport Beach 55 -5151 - 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, h ei)na tt�Eeachferred to as "the STATE" and the (CITY /� of gwlor hereinafter referred to as "(CITY /qgqP=) ". W I T N E S S E T H: A. RECITALS: The Parties desire to provide for the (CITY /COY) to perform partic aintenance functions on the State highway within the (CITY /6�) as provided in section 130 of the Streets and Highway code. B. AGREEMENT= This Agreement shall supersede any prey REEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE (CITY /� OF NEWPORT BEACH ty and /or AMENDMENTS thereto with the (CITY - In consideration of the mutual covenants and promises herein contained, it is agreed: The (CITY /F -66WF4 ) will perform such maintenance work as is specifically delegated to it, on the State highway routes or portions hereof all as herinafter 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. "(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. 0 1 DM- M -150b (9 -79) • • Page 2 of 23 "(b) Operation of cpociaL safety conveniences and devices, and 111uminating equipment. "(c) The special or emenlency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements or other unusual or unexpected damage to a roadway, struc- ture or facility." 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. A guide to the proper degree of maintenance in specific pro- grams is set forth in`the current edition of the State Maintenance Manual, a copy of which has been provided to the (CITY /). The level of servie&s9 aintenance in each of the programs delegated to the (CITY /) has been considered in setting authorized total and route dollar amounts. The (CITY /qD&J�=) may perform additional work ,iTf ired by the STATE but the STATE will not reimburse the (CITY/ ) for any work in excess of autho- rized 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 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 STATE, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the (CITY /6 ) under or in connection with any work, authority or jurisdiction delegated to the (CITY/WGR= under this Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895.4 (CITY /CrQQN= shall defend and fully indemnify and hold STATE harmless for any DM- M -150c (9 -79) Page 3 of 23 damage or liability occurring by reason of anything done or omitted to be done by (CITY /Ckg,j under or in connection with any work authority or jurisdiction delegated to (CITY /WDY,� under this Agreement. MAINTENANCE FUNCTIONS: Cer_ aintenance functions may be delegated to the (CITY /9j as indicated under Section J of this Agreement. The (CITY /QOM shall not perform any of these maintenance functions unless specifically delegated under said Section J (DELEGATION OF MAINTENANCE). The various maintenance functions or duties are defined and described by the following programs. The numbers without prefix relate to the Maintenance Management System (MbiS) Program and the numbers with the prefix HM relate to Caltrans budgetary codes. - *01 and *02 - FLEXIBIE AND RIGID ROAD MAINTENANCE PROGRAM HM -11 HM -12 This covers the maintenance required for the restoration and repair of both the surface and base within the roadbed area. Roadbed means all surface and subsurface structures of the trav- eled way, parking banks and shoulders. *03 - ROADSIDE MAINTENANCE PROGRAM HM -21 Roadside shall be described as that area between the roadbed and the outer highway right -of -way boundary line. Maintenance of roadside includes the-cleaning of culverts, ditches, natural water channels and gutters, restoring side slopes, removal of drifted material, drift prevention, erosion control work, and maintenance of walls, cribs or bank protection facilities, curbs and side- walks, and other roadside facilities. Maintenance work to be performed within the area designated as. roadside maintenance shall include such sidewalk and curb inspec- tion and action toward repair of sidewalks, curbs and other facil- ities as is necessary to keep them in .a reasonably safe condition. Joint inspection should be on a biannual basis. The STATE will not pay for maintenance of any sidewalks. The (CITY/CM shall follow the same policy and procedures generally followe�it with respect to (CITY/CDM= 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 DM- M -15Od (9 -79) Page 4 of 23 the (CITYjC0Lt&'W) in performance of required sidewalk repair and control of vegetation as outlined in this portion of the agreement. *04 - ROADWAY LITTER AND DEBRIS PROGRAM HM -22 This program includes all work concerning roadbed and roadside cleanup operations to insure that the highway presents a neat, clean and attractive appearance. Sweeping and cleaning shall be limited to the removal of dirt or litter normally coming onto the roadbed from the action of traffic or from natural causes. STATE-will not undertake nor pay for picking up or disposing of rubbish or debris swept into or otherwise placed on the highway from abutting property. The ex- tent of sweeping and cleaning on the State highways shall not be greater than customarily done on comparable (CITY)(%QUXX) streets. *Level of service for sweeping and litter pickup shall not exceed twice weekly. The sweeping activities covered in this program pertain to the sweeping of paved medians, curbed (CITY /CMUNTYX street sections and curbed or rolled gutter types on other highways. *05 - VEGETATION CONTROL PROGRAM HM -23 Vegetation control refers to the maintenance treatment of all vegetative material growing native within the non - landscaped high - way rights -of -way. Included is treatment by chemical means and cutting and trimming by hand and mechanical means. Vegetation includes brush control and tree trimming. Routine tree maintenance shall include care necessary to main- tain trees in a healthy growing condition. Tree trimming shall be limited to the occasional removal of dead or low overhanging limbs. Extensive tree reconditioning work, spraying or removal are not routine maintenance-operations and will not be paid for unless such work is specifically authorized by the STATE. The above, when delegated to the (CITYJCcSOTTi=.Y, shall not be construed as restricting, prohibiting or otherwise relieving the (CITY/ CbYTa7MO of the responsibilities for inspection and upkeep of trees in a manner that will insure maximum safety to both vehicular and pedestrian traffic. The STATE will not pay for maintenance of landscaping or trees which the (CITY /a0flift1f) planted or which were planted under authorization of an encroachment permit and the (CITY /rJMT V%C _ is responsible for maintenance. Dm- M -150e (9-79) Page 5 of 23 *06 - PAVEMENT DELINEATION PROGRAM HM -41 The pavement delineation program involves all work necessary to maintain distinctive roadway markings on the traveled way. This. includes, but not limited to layout, removal, cleaning and /or replacement of existing delineation and roadway markings. All work shall conform to the Standards established by the STATE. Except for the red "No parking" zones at the approach to and exit from intersections controlled by traffic signals, the STATE will not pay curb painting or parking lines as may otherwise be required for the regulation of parking. The cost of maintaining pedestrian crosswalks at intersections shall be shared between the STATE and (CITY /P(M#M) in.the same ratio as the number of intersecting roads or streets under juris- diction of the resp agencies bears to the total number of intersecting (CITY /94A street, STATE highways and COUNTY roads within the particular intersections; for example, a 50 -50 basis will apply to the regular cross street intersection wherein a COUNTY road is not.a factor (City only). State reserves the option to check at random all the pavement delineation program maintained by the (CITY /CRMjgTj to assure conformance to the p delineation maintenance levels. Failure of the (CITY to comply to the pavement delineation maintenance levels should be reason to terminate this agreement as specified under Section L, "Term of Agreement ". *07 - SIGN PROGRAM HM -42 . The sign program includes all maintenance work performed on signs placed or to be placed, on STATE highways for the purpose of warning, or regulating traffic. The work consists of replacement of existing signs and the repair, cleaning and painting of these signs. Upgrading of existing signs or installation of new signs is not a part of this program. All signs shall conform to the specifications adopted by the STATE, or as otherwise specifically authorized by the STATE. Positioning of such signs shall. conform to standards adopted by the STATE. Unless specifically authorized, the State will not maintain or pay for maintenance of regulatory Signs installed for the purpose of stopping vehicular traffic at pedestrian or school crossings nor the regulatory Signs installed for the prohibition or the regulation of parking. DM- M -150aa • • Page 6 of 23 *08 - ELECTRICAL PROGRAM - NOT M!LIiGATIM 11M- 43 This program includes all state eherati.on and maintenance work performed on highway electrical Cacilit:ies used to control flashing beacons, traffic signals and traffic signal systems, and safety lighting. STATE will not pay for the maintenance, installation, repair, servicing, nor power for ordinary street lighting; however, lighting at intersections, which qualifies as safety lighting under warrants approved /accepted by the STATE, will be paid for when approved and specifically authorized by the District Director. Where such lighting has been specifically authorized at an intersection, the maintenance and operating costs thereof shall be shared between the STATE and the (CITY /t+� on a prorata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs. the (CITY /6'�-) will furnish service for or perform such_ maintenance work as specifically delegated to it in other sections of this agreement, and the STATE will furnish service for or Perform the work not otherwise assigned to the (CITY X �C It is agreed that estimated monthly rates, applicable to the intersection involved, shall be established for the operation and maintenance of the traffic signals and other electrically operated traffic control devices based on a cost per unit. This rate shall include overhead and other indirect expenses incurred by the STATE in these specific operations. It is further agreed that estimated monthly rates shall be revised or adjusted as of June 30 each year. The cost of operating and maintaining traffic signals or other electrically operated traffic control devices now in place at the intersection of any STATE highway route and any (CITY /dg� street /road identified in Exhibit "A" shall be shared between the STATE and the (CITY /VQ=) on a prorata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs. The same principle of cost distribution shall apply to freeway interchanges. The participation ratio shall be based on the ratio of the number of legs of the respective agencies -to the total number of legs of the interch,�� The percentage of costs to be borne by the STATE and (CITY /C NEf shall be shown on Exhibit "A ". The STATE will submit bills for operation and routine maintenance as defined above semiannually on December 31 and June 30 of each year. Bills shall be in accordance with that shown on Exhibit "A" DM- Psi -150ab Page 7 of 23 Extraordinary expense, such as for repair or replacement of extensive damage, shall be assessed directly against the particular installation involved. Billings for such costs shall be itemized as to materials, including service and expense, salaries and wages, and equipment rental. DM- M =150ac • Newport Beach EXHIBIT "A" Page 8 of 23 See attached Billing Schedule Effective ELECTRICAL FAQ LITIES OPERATION AND MAINTENANCE COST DISTRIBUTION Billed and Maintained by the STATE Type of Cost Distribution Route Location Facility Units State City /County SIGNALS FLASHERS LIGHTS UTILITY OWNED - BILLED BY THE STATE rt cEi) W O A . U O >+ O K x � � XHa � � O F: • ^-• Gy 1 1 � O m a _ N N r, F S N -Zt Ifl (t'1 1. N i O A Lam- t ] Wii ' L - r-i r-I ri i Ej 10 O , { t f � EW-i c� i✓ R' r ,i tea] ' 1- L• H f H i �4 C< o - 3 m� a � 1 F' �a Q 'I' � ! L+•}.�' . .I c1 1 i• U t: c- rt cEi) W O A . 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Tt T. p., . is u. 4� rUI• r i fl) i r. . . , .. w G IA r U I:L oil, U U C) U 1 T r ..-1 -1 c3 rJ qr CI TI r:) N y X11 n) qt of (tl fd TI C) " [r ;a nl U fil n t- .i rr U (I\ Ci C) O —0 0 n) r l(\ U lf\ ,C\ (•� u'1 tli O\ . 1 t7\ v. . -1 (•l r-I I N I I . -I (,1 P) ( \) CJ t.l x'(11 N N 1' (\: (\I (U (•I - (V (,I f ?I r rl 1 I I l 1 I I I 1 I i ('1 1• Irl (•�1 III 1.1 I�1 I'i 1•�) l`1 I•, Y�1 .'1 f•1 1. 1 I r l 1' i 1 •) 1' 1 01 1. 1 1-) 0 I „ 1 I' 1 ,• 1 1• r (• I Ill �:I t � 1 (•) I .'� id n) irl 11 ( \I [,; irl ., 01 r -U P) rl F; • T t UU? W ¢C) 0 .. . �\ U r � O X CD c '- L~ U c•. r- n (+) - - r, N i4 . -, U Ey r LJ U Li SS W l R_ i I • DM- M -15Of (9 -79) Page of 23 "08 - ELECTRICAL PROGRAM- Delegated HM -43 This program includes all maintenance work performed on high - way.electrical facilities used to control flashing beacons, traf- fic signals and traffic signal systems, provide safety and sign lighting. STATE will not pay for the maintenance, installation, repair, servicing,.nor power for ordinary street lighting; however, light- ing at intersections, which qualifies as safety lighting under warrants approved /accepted by the STATE, will be paid for when approved and specifically authorized by the District Director. Where such lighting has been specifically authorized at an inter- section, the maintenance and operating costs thereof shall be shared between the STATE and the (CITY /QUMU ) on a pro -rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs. _ The cost of maintaining and operating traffic signals or other electrically operated traffic control devices now in place or those which may hereafter be insta��,J.), t the intersection of any STATE highway route and any (CITY /AU4).street /road shall be shared between the STATE and the (CITY /C0 on a pro -rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the.total number of legs. The same principle of cost distribution shall apply to freeway inter- changes. The participation ratio shall be based on the ratio of the number of legs of the respective agencies to the total number of legs of the interchange. Timing of traffic signals shall be the responsibility of the STATE. Timing shall be determined after consultation with the local agency; however, the decision of the District Director of Transportation shall be final. Maintenance of the "designed" tim- ing is the responsibility of the (CITY /Cp.). Timing records shall be kept in both the STATE and (CITY /%9=) maintenance and traffic branches. NOTE: Cost of electrical energy charges will be charged separately. DM -M -1509 ;'(9-79) Page 10 of 23 EMERGENCY OPERATION OF TRAFFIC SIGNALS DURING EQUIPMENT FAILURE A written "Contingency Plan" for operation of traffic signals should.be prepared for emergency operation of each signalized intersection. Copies of the plan shall be kept in the controller cabinet and in the Maintenance and Traffic Branches of STATE and ( CITY /C4� . a.- The plan shall be prepared by the STATE with the concurrence .of the (CITY /CO.. b. The plan shall detail the method of restoring a malfunctionina traffic signal to service as follows: (1) Place the signals in the flashing mode of operation. (2) Replace defective units. (3) If direct replacement of defective units cannot be made immediately, place the signals under control of an emergency replacement controller. c. Flashing operation shall be considered as the "primary emergency mode of operation at all intersections ". The plan shall specify the color each phase will display during flashing operation. Red /Yellow or all red may be used. d. The plan shall specify the timing of each interval of an emergency replacement controller. e. The "Contingency Plan" for an intersection may be changed at any time to meet changing conditions following the procedure above. f. Documentation of the engineering reasons for selecting a particular plan for a specific location shall be kept on file in the STATE and (CITY /NNW) Branches. The goal shall be to provide the safest emergency mode of operation. The same plan may be applicable for a large number -of intersections. Every effort shall be made to restore the operation of the intersection to normal operation as soon as possible. 5 DM- M -150h (9 -79) 0 Pagel l of 23 STANDARDS FOR DELEGATED ELECTRICAL MAINTENANCE The level of maintenance work to be performed on highway elec- trical facilities is listed below. These levels become the "Degree of Maintenance" specified or prescribed under Section D of this -Agreement. Damaged or malfunctioning electrical installations which ser- iously affect public safety or capital investment should be promptly repaired or temporary corrections made until perma- nent repairs can be scheduled. Repair of inoperative or damaged electrical installations which do not seriously affect public safety should be coordi- nated with routine maintenance operations. A routine surveillance of electrical facilities shall be made in an effort to observe and correct potential deficiencies before serious problems develop. To insure a minimum standard of operation, highway lighting, sign illumination, and flashing beacons shall be routinely inspected during hours of darkness. Important illuminated signs, require prompt attention on noti- fication of a blackout or extensive burnout. Signals A detailed check for proper operation, including inspection and necessary replacement of auxiliary equipment such as re- lays, contactors, etc., shall be made at intervals of approximately 30 (thirty) days. Fixed -time electro- mechanical co- ntrollers shall be overhauled approximately once a year. Traffic - actuated, electro- mechanical controller units shall be overhauled in the shop approximately once every year. Traffic signal lamps shall be group replaced on a planned schedule based on rated lamp life. All signal maintenance inspections or repairs shall be logged and records maintained in the control cabinet. Signal standards and control cabinets shall be maintained in a presentable manner. W- N'( -150i (9 -79) Flashina Beacons Page 12 of 23 Flashing beacons shall be routinely inspected for proper oper- ation approximately once every 6 (six) months. Electro- mechanical flasher mechanisms shall be removed, clean- ed and adjusted and excessively worn parts replaced, approxi- mately once a year. Flashing beacons shall be relamped on the same schedule as outlined above for traffic signal lamps. Highway Lighting and Sign Illumination Luminaires and fixtures for illuminated signs shall be inspected and cleaned in conjunction with scheduled relamping; more frequent cleaning should be performed when required. Lamps shall be replaced on a planned schedule based on the rated life of the lamps currently in use. The STATE reserves the option to check at random all traffic signals maintained by the (CITY /'Tj on STATE highways to assure conformance to the electrical maintenance levels. Failure of the (CITY /4to comply to the electrical maintenance levels would be reason to terminate this Agreement as specified under Section L, "Term of Agreement ". Re- delegation of traffic signal maintenance to third parties shall be done only upon specific written approval of the District Director of Transportation. Such re- delegated work shall be per- formed 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 /666 forces. If the District Director of Transportation determines the third party is failing to comply with the specified levels, the (CITY/ M) shall, within 30 days of notice, terminate the third party agreement and resume maintenance by (CITY/i9PPi444 forces or terminate this agreement as specified under Section L, "Term of Agreement ".. *09 - TRAFFIC SAFETY DEVICES PROGRAM HM -44 Work performed under this program includes replacement of guide posts or markers; and the repair, replacement, cleaning and /or painting of .guard rails. Also included are the repair of median barrier cable, chain link fence, and portland cement con- crete walls; the repair and maintenance of energy dissipators such as water type bumpers,'sand traps or other devices installed for the purpose of absorbing vehicle energy. DM- M -150j 1(9 -79) Page13 of 23 Energy dissipators (crash cushions) must be repaired within 48 hours after being hit. The (CITY /COUTAZiY{) shall maintain sufficient inventory of the necessary parts approved by the STATE needed to accomplish the repairs within this time limit. Sand, used to fill certain types of energy dissipators, shall meet STATE requirements. *12 - LANDSCAPE PROGRAM HM -25 This program refers to the treatment, maintenance and replace- ment of all vegetative material planted within the landscaped STATE highway right -of -way. Work includes watering, pruning, fer- tilizing, plant replacement, weed control by hand and mechanical means, tree trimming and /or removal, chipping and miscellaneous work such as pest control and inhibitor spray. Repairs to the electric portion of automatic controls is covered in this 12 -Land- scape Program. NOTE: There are several activities that are duplicated in the 05 Vegetation Control Program; for this reason, care should be exercised when reporting, that the proper program is cited. The STATE will only pay for the maintenance of landscaped areas, ornamental plantings of trees installed by the STATE at STATE expense or other areas specifically designated by the District Director. *13 - BRIDGE AND PUMP MAINTENANCE PROGRAM HM -31 The Bridge and Pump Maintenance Pro(1ram includes work perform- ed on all structures which provide for passage of highway traffic over, through or under obstacles and/or qualify for bridge number as assigned by the State Office of Structures. Work under this program consists of structure repair, mainte- nance, painting and cleaning, electro- mechanical equipment and sump pump maintenance, repair or cleaning, and navigational light repair. Storm inspection of sump pumps is also.included in this program.. Bridges, as defined above, will be investigated by a repre- sentative of the State's bridge engineering staff once each year and more often,.if considered necessary. In addition to such annual investigation, routine maintenance to be performed under provisions of the Agreement shall include monthly inspection of each bridge by qualified personnel and immediate repair of the minor defects when the cost does not exceed $500. The District Director shall be immediately notified of major defects.as are hereinafter defined. DM- M -15Ok t9 -79) Page 1,4 of 23 Bridge repair work costing in excess of $500 on a single structure shall be considered as being .a major repair project. Except in the case of emergency, such major repair projects shall conform to the methods and procedure to be recommended by the STATE.. Major bridge repair is not a.routine maintenance operation and will require specific authorization. *15 - PERMITS HM -47 This section provides for the processing and enforcement of transportation permits by the (CITY /QpWJ= and preliminary engineering, processing and inspection of encroachment permits by the (CITY /UUMI where authorized to perform this work. ENCROACHMENT PERMITS When authority to issue Encroachment Permits is delegated to the (CITY/-6bVM by the District the authority shall pertain to all parts of the highway throughout the particular length of streets indicated under Sections I and J of this Agreement. Permits shall be issued on a form provided by the STATE and the (CITY /GTA_1KVWA will furnish a copy of all permits to the STATE. The CITY /�) agrees that all permits issued by CITIES/ C�� shall be made out in conformance with STATE - authorized encroachment policies and standards. STATE standards of design are to be used, except in cases where (CITY/) standards, covered by ordinance, are more restrictive than STATE require- ments, in which case (CITY /CON TX) standards of design will be honored. All STATE policy questions should be referred to the Caltrans District Permit Engineer. Routine minor permits shall be handled by the (CITY/dbONM without STATE prior approval. Routine minor permits consist of: awnings, marquees, canopies, advertising signs,.residence drive- ways, roof drains, concrete sidewalks, temporary construction safety fences, installation or repair of utility service connec- tions behind curb line and maintenance of existing pipeline within STATE right -of -way area. Prior approval of the Caltrans District Permit Engineer shall be secured-before any permit is issued for major encroachments within the highway right -of -way. DM- M -150L '(949) Page 15 of 23 Major encroachments include, but are not limited to all other work not included under routine permits such as: 1. Banners - Special Non - profit Events. 2. Bus Stops. 3. Christmas Decorations within Right -of -Way. 4. Commercial Driveways. 5. Curb and Gutter. 6. Curb Zones - Parking Restrictions. 7. Drainage from Private Property, other than Roof Drains. 8. Drainage Structure Extensions, Replacements, etc. - 9. Electrolysis Test Stations or Anode Beds. 10. Fences.- 11. Flashing Signs. 12. Landscaping - Planting, Maintenance, Removal. 13. Median openings. 14. Memorial Markers - Historical and Recreational sites. 15. Motion Picture Photography within Highway Right -of -Way. 16,. Parades and Public Gatherings on Highway Right -of -Way. 17. School Signs, Safety Devices, and Crossings. 18. Seismograph Work within Right -of -Way. 19. Street Connections. 20. Striping - Lanes, X- walks, Detours. 21. Traffic Signals Flashing Beacons and Street Lighting - Installation, modification. 22. Utility and other Substructures - except service connections back of curb. 23. Utility Poles, Anchors, and Aerial Cable. 24. Work in existing manholes requiring closure of traffic lanes. DM- M -150m , {9 -79) Page16 of 23 Authority to issue encroachmefit permits for the following items is not delegated to the CITY and OY Yl� the request for an encroachment permit shall be submitted to the Caltrans District Permit Engineer. -1.. Any Work within limits of State Highway.Contract. 2. Cooperative Agreement Projects. 3. County Flood Control,Projects. 4. Prehistoric Artifacts - Excavation, Salvage, etc. 5. Railroad Grade Xings - Repairs, Construction. 6. Any encroachment requiring additional or revised ease- ments or other Right -of -Way documents. Qualified (CITY /dUCTRW) personnel shall be assigned for the review, construction and final acceptance of both MINOR and MAJOR encroachment permits issued by the (CITY /&1V). The STATE will perform cursory inspection of all (CITY /CbWa) written STATE highway permits and the STATE assigned field engineer shall be notified as required under the terms of all major encroachment permits. Upon satisfactory completion of the work authorized under an (CITY /C administered State Highway Permit, the (CITY /Ci(R%} must send a completion notice to the STATE including As -Built Plans. Where there is a discrepancy between the permit plans and the as -built plans and where the encroachment is an underground utility it is of particular importance to have this information to plot on the State's Utility Maps. STATE will pay for the cost of inspection of encroachments as a part of maintenance, only when the (CITY /) complies with its usual policy with respect to collecting costs from tees in such cases as fees or charges are made by the (CITY / ) for similar work on (CITY /QQD= streets. Any amount so collected by the (CITY/�jQ i4 with respect to any STATE highway shall be credited against the charges made by the (CITY /CQ for such work. TRANSPORTATION PERMITS Transportation permits will be required for all vehicles and their loads which exceed the limitations specified under Division 15 of the California Vehicle Code. Where authority to issue DDi- A[ -150n (9 -79) Transportation Permits is delegated to the authority shall pertain only to travel that terminates within their corporate limits to through haul transportation. Page 17 of 23 (CIT /06PWFk) such originates and and it shall not apply In issuing such permits, the (CITYFeWi') shall follow the policies and regulations established by the STATE for the issuance of transportation permits as set forth in the State's Maintenance Manual in effect at the time such permits are issued, including, specifically, limitations upon the crossing of structures. All STATE policy questions should be referred to the Caltrans District Permit Engineer.. *16 - OPERATIONS PROGRAM HM -46 This.-program includes..electrical energy required to energize overhead lights, signals and other electrical facilities. G. GENERAL GUIDES: Maintenance of warning and regulatory signs, traffic control devices, and highway lighting facilities as hereinbefore referred shall include upkeep and repair of the supports, as well as such other items which are an integral part of the installation. Those facilities as defined under programs 06, 07, 08 and 09 above, which are installed subsequent to the execution of this Agreement, shall become subject to the terms and conditions of this Agreement upon notice to the (CITY/Q0== from the STATE of the completion of any such installation. H. EXPENDITURE AUTHORIZATION: The STATE will reimburse the (CITY /C�) for actual cost of all routine maintenance work performed by (CITY/VDIM= as dele- gated under Section J 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 I of this Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for. A new "ROUTE DESCRIPTION AND AUTHORIZED EXPENDITURES" sheet (Section I).will be provided annually by the STATE for the ensuing fiscal year if necessary to insure equitable annual. cost. The expenditure per route for routine maintenance work as referred to above may be increased or decreased, redistributed between routes, or additonal expenditures for specific projects DM -M -1500 *(9 -79) • Pagel$° of 23 costing $5,000 or less may be made when such adjustment of expend - itures for routine maintenance or such specific work is authorized in writing by the District Director or his authorized representa- tive. 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. DM-M,-150p (9 -79) I. ROUTE DESCRIPTION AND AUTHORIZED EXPENDITURES ROUTE NO. 1 Page19 of 23 ANNUAL MAXIMUM LENGTH EXPENDITURE MILES DESCRIPTION OF ROUTING AUTHORIZED 6.93 COAST HIGHWAY from southeast city limits (PM 14.05). approximately 1000 feet east of Cameo Highlands Drive to the north- west city limits (PM71.58) approximately 310 feet west of Summit Street', a length of approximately 6.93 miles. 620,000 55 0.97 PTEdPORT BOULEVARD from Finley Avenue S.107000 (PM o.00) to north city limits (PMO.97) _ at 15th Street, a length of approximately 0.97 mile. 73 3.09 PIACARTHUR BOULEVARD (Veterans Mgn:orial $ 0.00 Highway) from Coast Boulevard (FM 0.00) to city limits (PM 2.04) near Ford Road, a length of approximately 2.04 miles for this portion; ;also from city limits (PM3.89) approximately 1,000 feet north of Palisades Road /Jamboree Road junction to north city limits (PM 4.94) at Campus Drive, a length of approximately 1.05 miles for this portion; a total of approximately 3.09 miles. TOTAL AUTHORIZED EXPEND. $ 301 000 DM- M -150q (9-i9) Page 20 of 23 J. DELEGATION.OF MAINTENANCE The specific maintenance activity indicated below is hereby delegated to the (CITY /CifV4Pi%. This delegation of maintenance activity 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. g = City Maintained Caltrans Budgeting Codes (HM) Maintenance Management Program NO. (01 -ETC) Maintenance Function ROUTE NO. ROUTE NO. 5 Miles 6.93 Miles 0-9 Flex.& Rigid Rd. Maint. Prg. Specific Activit - - oa s e Maintenance cific ASp iva tois (3) (3) Specific Activit : x (1) (4)* x (2) (4) - - egetat on ontro Specific Activity: - - avement Delineation Specific Activity: - - gns S ecific Activit Specific ectr ca . Activit x (5) x (5) - - ra c a e y ev ces S ecific Activit : - n scap ng S ecific Activit - - r ges 5 Pump Maint. S ecific Activit > a - - erm is Specific Activit ectr ca Energy x x Specific Activity: Footnotes: (1) Length of street to be cleaned 16.12 curb miles. (2) Length of street to be cleaned 2.50 curb miles. (3) (CITY /03t) will maintain sidewalks and shall be responsible for any costs therein. (4) The City will do the wont of removing dirt and litter from the roadsides. (5) City maintains highway lighting on City Circuits. -*Level of service for sweeping and litter pickup shall not exceed twice weekly. 4 M4- M -15Oq (9 -79) • • J. DELEGATION OF MAINTENANCE Page 20 of 23 The specific maintenance activity indicated below is hereby delegated to the (CITYfAX)P6=). This delegation of maintenance activity 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. X = City Maintained Caltrans Budgeting Codes (HM) Maintenance Management Program NO. (01 -ETC) ' Maintenance' Function ROUTE NO. 73 ROUTE NO. Miles 3.09 Miles ii' - - F1exS Rigid Rd. Maint. Prg. Specific Activity: Ti - I - UJ Koadside Maintenance Specific Activity: (3) ,. - U4 Roadside Litter & 13-e"G-rls Specific Activit : (1) (2) F'M- - Vegetation Control S ecific Act eivit m - avent Delineation Specific Activity: •i- - OJ Signs Specifiz Activity: H.'1— - UO n ectr ca if Specic Activity i. - - U3 T;: rar.rxc Sarety evices S cif- c Activ t s n scap ng Specific Activity: n: - - r gea in . Specific Activit-: - - erm is Specific Ac 't —' — eCtr c8 Energy Specific Activity: Footnotes: (1) Length of street to be cleaned 0.00 curb miles. (2) Length of street to be cleaned curb miles. (3) (CITY /dYi) will maintain sidewalks and shall be responsible for any costs therein. *Level of service for sweeping and litter pickup shall not exceed twice weekly. DM- M -150r Page 21 of 23 K. SUBMISSION OF BILLS: (The (CITY /666iFff) shall submit bills monthly.) or (The (CITY /CaMU X) may submit bills monthly except that no bill for less than $100 shall 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 program or Budgetary Code as outlined in this Agreement. Equipment shall be charged at mutually acceptable rental rates and labor and material at actual cost. The (CITY /CSC) will be allowed to recover overhead and administrative costs only to the extent'that� charges include applicable expenses incurred by the (CITY /C 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 or processing this type of bill will be allowed the (CITY /). Bills sub- mitted to the (CITY /Cf) for work performed by this Agreement will also include overhead and administrative costs in accordance with the State Administrative Manual. Emergency and storm repairs performed by the (CITY /CdWF74) would be paid for only with prior approval of the State's Highway S tendent of that specific area. In addition the (CITY/ C ©� should immediately notify the State's Highway Superin- tendent for the area of any storm damage or other emergency condition affecting the STATE highway. The (CITY /Qgy=) 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. L. TERM OF AGREEMENT: This Agreement shall become effective and shall remain in full force and effect until amended or termi- nated. 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 days notice to the other party. DM -M -1503 (9-79) Page22 of 23 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (CITY /c49) OF NEWPORT BEACH By Mayorjfi{ix�{ Approved as to form and procedure: ** Attorney Department of Transportation City /COE04 Attorney By * May be deleted if not applicable. City/AXAK1tVCMlerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ADRIANA GIANTURCO Director of Transportation By District Director ** Approval by State's Attorney is not required unless changes are made to this form, in which case the draft will be submitted for Headquarters' review and approval by State's Attorney as to form and procedure. Page 23 of 23 \I RESOLUTION NO. 9856 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA FOR THE MAINTENANCE OF STATE HIGHWAYS WITHIN THE CITY OF NEWPORT BEACH WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the State of California for the maintenance of state highways within the City of Newport Beach; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 11th day of August, 1980. ATTEST: Lt--9-- - City C er CUTFIE�D A�S A AND CORRECT Copy � C A �N ClM O, IqE Or N. RICA kv I hereb certify that the foregoing resolution was duly and 080980 I regularly paused by the City Council of the City, of Newport Beach at a regular meeting thereof held August 11, 1980'. Jerk of the City of N port Beach