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HomeMy WebLinkAbout08 - Caltrans Delegated Maintenance AgreementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s April 26, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Michael Pisani, Acting General Services Director, 949 - 644 -3055 mpisani @city.newport- beach.ca.us SUBJECT: Caltrans Delegated Maintenance Agreement ISSUE: Should the City update its agreement with Caltrans which delegates certain maintenance responsibilities on State highways to the City? RECOMMENDATION: Approve the Delegated Maintenance Agreement for the collection of litter and debris on portions of Newport Boulevard and Coast Highway controlled by Caltrans within the City. DISCUSSION: Backqround: The State Department of Transportation (Caltrans) is responsible for performing various maintenance functions on highways or rights of way controlled by the State, whether located in either incorporated cities or unincorporated areas. In Newport Beach, these roadways include Newport Boulevard from the northern City limits to Finley Avenue; Bristol Street; and Coast Highway, except for the portion from Jamboree Road to Newport Coast Drive. For operational efficiency, Caltrans regularly delegates specified maintenance activities to other entities such as cities, counties, and special districts. Since the 1970s, a delegated maintenance agreement has been in force between the City and Caltrans for litter collection and debris removal on Newport Boulevard and Coast Highway. Under the agreement, Caltrans reimburses City costs incurred in performing this work on these roadways. The agreement does not include Bristol Street, as Caltrans performs all maintenance on that roadway. Caltrans Delegated Maintenance Agreement April 26, 2005 Page 2 When the relinquishment of the portion of Coast Highway between Jamboree Road and Newport Coast Drive occurred last September, City staff contacted Caltrans to amend the maintenance agreement, in order to delete that section of Coast Highway from the program. Additionally, when staff reviewed the existing agreement, it was discovered that it had never been amended to reflect the new city limits that occurred with annexation of Newport Coast. Under the proposed agreement, the City will no longer be reimbursed for litter and debris removal on the portion of Coast Highway from Jamboree Road to Newport Coast Drive. However, we will be reimbursed for the section of Coast Highway from Newport Coast Drive to the easterly City limits, a distance of 1.8 miles. The City previously received $36,864 per year for collecting litter and debris on Newport Boulevard and Coast Highway. With the net reduction of the area included in the new agreement, the reimbursement rate will be $32,225 per year. Staff from the General Services and Public Works Departments, and City Attorney's Office worked with Caltrans maintenance and legal staff for a number of months to amend the current State boilerplate agreement into a format that is acceptable to the City. A copy of the agreement is included as Attachment A. The agreement will be have an effective date of September 15, 2004, the date of the Coast Highway relinquishment. Environmental Review: This project does not require environmental review. Prepared by: 012 Michael Pisani, Acting General Services Director Attachment: Agreement for Maintenance of State Highways in the City of Newport Beach AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF NEWPORT BEACH THIS AGREEMENT, is made effective this 15 " day of September, 2004, 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 Newport Beach, hereinafter referred to as "the CITY ". I. The Parties desire to provide that the CITY perform particular maintenance functions on the State highways within the CITY as authorized in Section 13 0 of the Streets and Highways Code. II. This Agreement shall supersede any previous agreement for maintenance of the identified portion of the State highways in the CITY and any amendments thereto between the STATE and the CITY. III. The CITY will perform such maintenance work as is specifically delegated to it, on the State highway routes, or portions thereof, described in Exhibit A, attached hereto and incorporated by reference. Exhibit A may be subsequently modified in writing with the consent of the parties to this Agreement or their authorized representatives. The maintenance functions specifically delegated in this Agreement are described as Caltrans Program HM2D (Litter/Debris), and are detailed in Exhibit B (Maintenance Function Descriptions), attached hereto and incorporated by reference. IV. 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 section D 1.01 (Litter, Debris and Graffiti) of the State Maintenance Manual (a copy of which has been provided to the CITY and which is attached hereto as Exhibit C). If the standards specified in the State Highways Maintenance Manual change while this Agreement is in effect, the STATE shall be responsible for informing the CITY of such changes, and payment to the CITY shall be adjusted accordingly. V. Additional work 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 an authorized representative. If additional work is added, compensation to the CITY shall be adjusted as provided in Section VII I (B). VI. Emergency repairs may be performed by the CITY with the prior written approval of the District Director or his representative. Payment shall be made only for work authorized. Telephone authorization shall be accepted by both parties as valid for such repairs only when that telephone authorization is followed by written approval within ten (10) days. Authorization, or confirmation of a telephone authorization, sent by e -mail or fax shall be considered valid written confirmation. VII. The functions and levels of maintenance service delegated to the CITY in attached Exhibit A, "Delegation of Maintenance," has been considered in setting authorized total dollar amounts. The CITY may perform additional work if desired, but the STATE will not reimburse the CITY for any work in excess of the authorized dollar limits established herein. VIII. A. The STATE will reimburse the CITY for the actual cost of all routine maintenance work performed by the CITY as delegated under Exhibit A to this Agreement. It is agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown in Exhibit A to this Agreement unless: (I) such expenditure is revised by an amended Agreement, or (2) additional work or emergency repair work is assigned by the District Director as provided in Section V, or (3) a change in State standards requires additional work as provided in Section IV, or (4) otherwise adjusted or modified as hereinafter provided. B. The expenditure per route for routine maintenance work may be increased or decreased, redistributed between routes, or increased expenditures for specific projects may be made when such adjustment of expenditures for routine maintenance or such specific work is authorized in advance in writing by the District Director or his authorized representative and accepted by the CITY as an amendment to Exhibit A. C. Additional expenditures, or an adjustment of expenditures, once authorized shall apply during the fiscal year designated therein and shall not be deemed to permanently modify or change the basic maximum expenditure per route as hereinafter specified. An adjustment of any said maximum expenditure, either an increase or decrease, shall not affect other terms of the Agreement. IX. A new Exhibit A "DELEGATION OF MAINTENANCE" will be provided annually by the STATE for the ensuing fiscal year, if necessary, to ensure an equitable annual cost allocation. X. A. 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 2 following the close of the STATE's fiscal year on each June 30th 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 will not be honored. B. Maintenance services provided by contract or on a unit -rate basis with overhead costs included shall not have these above - mentioned charges added again. An actual handling charge by the CITY for the direct cost of processing this type of bill will be allowed. XI. 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 to affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highway different from the standard of care imposed by law. XII. 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 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. XIII. It is understood and agreed that neither the CITY nor any officer, employee, agent, board, council or commission thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this agreement. It is understood and agreed that pursuant to Government Code Section 895.4, the STATE shall defend, indemnify and save harmless the CITY and all its officers, employees, agents, boards, councils or commissions, 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 STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this Agreement. XIV. STATE costs and expenses assumed under the terms of this Agreement are conditioned upon the passage of the annual State of California Budget by the 3 Legislature, the allocation of funding by the California Transportation Commission as appropriate, and the encumbrance of funding to the District Office of the STATE to pay the billings by the CITY. XV. This Agreement shall remain in full force and effect until amended by the mutual consent of the parties thereto or terminated by either party upon thirty (30) days' notice to the other parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. I: CITY OF NEWPORT BEACH Attest: City Manager City Clerk APPROVED AS TO FORM: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director of Transportation am James Pinheiro Assistant City Attorney Deputy District Director Operations and Maintenance APPROVED AS TO FORM: Attorney Department of Transportation EXHIBIT "A" 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 the control and maintenance areas and functions which rest with the CITY under the terms of executed Freeway Agreements and/or Freeway Maintenance Agreements. Route Length Descri t� ion Program Maximum No. Miles Delegated Annual Authorized Expenditure 1 5.95 Coast Highway HM -21) $24,225.00 from Jamboree Road (PM 17.43) to the northwest City limit (PM 21.58) approx. 310 feet west of Summit Street a length of 4.15 miles; Coast Highway From Newport Coast Drive to easterly City limit, an approximate length of 1.8 miles. 55 0.97 Newport Boulevard HM -21) $8,000.00 from Finley Avenue (PM 0.00) to north City limit (PM 0.97) at 15`h Street an approximate length of 0.97 miles. TOTAL AUTHORIZED EXPENDITURE: $32,225.00 M EXHIBIT "B" MAINTENANCE FUNCTION DESCRIPTIONS HM1A FLEXIBLE ROADBEDS ( OLD HMI l) This provides for patching, sealing, and maintaining the surface and base courses of asphalt surfaced roadways including asphalt surfaced shoulders. The following problems are included: 1. Crack/Joint repair 2. Poor ride quality 3. Structural pavement failure 4. Potholes /local depressions 5. Preventative Maintenance 6. Miscellaneous HMI RIGID ROADBED ( OLD HMI 2) This provides for patching, sealing and repairing concrete roadbeds, approaches to bridges, and their appurtenant shoulders and foundations. The following problems are included: 1. Crack/Joint repair 2. Poor ride quality 3. Structural pavement failure 4. Bridge approach/departure 5. Paved shoulder — preventive maintenance 6. Paved shoulder — repair 7. Miscellaneous HM2C SLOPE /DRAINAGENEGATATION ( OLD HM21 AND MH23) This provides for cleaning, maintaining, and repairing culverts, ditches, drains, structures, fences, curbs, sidewalks and other appurtenances between the roadbed and the outer highway right -of -way boundary line. It also includes weed and brush control by chemical, biological or mechanical methods, trimming and removal of trees and pest control. The following problems are included: 1. Unpaved shoulder management 2. Nonlandscaped weed control 3. Nonlandscaped tree/brush/vegetation 4. Fence repair 5. Drainage obstruction — ditch/channel 6. Drainage obstruction — drains /culverts Drainage obstruction Worn/damaged drainage facility Miscellaneous HM2D LITTER/DEBRIS ( OLD HM22) This provides for removal of litter and debris from roadway surfaces and roadsides. The following problems are included: 1. Debris /carcass pickup 2. Freeway patrol 3. Sweeping 4. Litter pickup 5. Spill... non hazardous material only; City shall report all hazardous spills (on State Highway) to Caltrans Commumication Center at (949) 936 -3600 24 hours Monday through Friday. 6. Miscellaneous HM2E LANDSCAPING (OLD HM25) This provides for watering, fertilizing, removal of shrubs, and control of weeds in planted area. Includes trimming, removal, and spraying of trees, replacement of plants, shrubs, and trees, and pest control in planted area. The following problems are included: 1. Weed control 2. Pruning /trinning /removing /replacing 3. Irrigation 4. Miscellaneous HM3H BRIDGES ( OLD HM31 EXCEPT PUMP PLANT MAINTENANCE) This provides for repairs, cleaning, and painting of bridges. Also includes electrical and mechanical maintenance. The following problems are included: 1. Substructure 2. Superstructure — steel 3. Superstructure — concrete 4. Expansion joints 5. Railings 6. Drainage systems 7. Painting 8. Miscellaneous HM3J OTHER STRUCTURES( OLD HM31 PUMP PLANTS) This provides for the maintenance, repair and cleaning of pump plants. The following problems are included: 1. Pump plant 2. Miscellaneous EXHIBIT "C" CHAPTFRDI LITTER, DEBRIS AND GRAFFITI .lame 1998 Page Dl -2 D1.00 General Caltrans removes litter, debris and sediment to maintain motorist safety, protect water quality, ensure drainage and provide an attractive facility for travelers and local communities. Routine litter removal, is performed by State forces, Special Programs forces, including supervised inmates and probationers, and Adopt -A- Highway participants. Caltrans removes graffiti to maintain an attractive facility for travelers and local communities. Refer to family problem D, "Litter and Debris" in Volume 2 of the Maintenance Manual for planning, scheduling and administrative instructions. D1.01 Policy Roadway, roadside and median litter cleanup operations should be scheduled to provide safe facilities and a neat and clean appearance. Clean up operations also provide water quality benefits by reducing the quantity of materials that may be washed into storm water drainage systems. Districts shall establish routine litter removal and sweeping frequencies for each route segment based on the rate at which litter, debris and sediment accumulates. Frequencies shall be determined to keep a generally clean and neat appearance to the roadside and are very sensitive to traffic volumes. These frequencies shall be recorded on District route maps, or other formats (Post Mile listings, etc.) which shall be sent to the Headquarters Maintenance Program for concurrence at least once every four years, starting January 1998. Recorded frequencies shall be used as guides for litter removal, whether by State forces, special programs forces or Adopt -A- Highway participants. Frequencies for litter collection by Adopt -A- Highway participants may also be determined based on traffic volumes. D1.02 Laws That Pertain to Litter, Debris, Disabled and Abandoned Vehicles (A) Throwing Lighted Substances Vehicle Code Section 23111 provides that no one may throw or discharge onto the highway or adjacent area any lighted or unlighted cigarette, cigar, match or flaming or glowing substance. (B) Disposing of Litter or Garbage on Highway Vehicle Code Section 23112 provides that no one may throw or deposit on the highway any garbage or substance likely to injure or damage traffic using the highway, or any noisome, nauseous, or offensive matter of any kind. It also prohibits the placement of any rocks, refuse or dirt within the highway right of way.