Resolution No. 4913
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RESOLUTION NO. 4913
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR MAINTENANCE OF
STATE HIGHWAYS IN THE CITY OF VERNON BY AND
BETWEEN THE CITY OF VERNON AND THE STATE OF
CALIFORNIA, ACTING BY AND THROUGH THE
DEPARTMENT OF TRANSPORTATION
7 WHEREAS, the State of California, through its
8 Department of Transportation, has presented an Agreement for
9 Maintenance of State Highways in the City of Vernon effective
10 as of July 1, 1982' and to remain in effect until amended or
11 terminated; and
12 WHEREAS, Arthur E. Nelson, Director of Community
13 Services under the date of May 18, 1982, has recommended that
14 said Agreement be approved and executed with the State of
15 California; and
16 WHEREAS, the City Council of the City of Vernon
17 desires to enter into an Agreement with the State of California
18 to maintain the traffic signals at Bandini off ramp of the Long
19 Beach Freeway at Bandini Boulevard.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
21 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the City Council of the City of Vernon
23 does hereby approve the Agreement for Maintenance of State
24 Highways in the City of Vernon by and between the City of Vernon
25 and the State of California, acting by and through the Department
26 of Transportation, a copy of which is attached hereto as
27 Exhibit "A" and incorporated herein by this reference as though
28 fully set forth at length.
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1 SECTION 2:
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The City Council of the City of Vernon
2 hereby authorizes the Mayor and the City Clerk to execute said
3 Agreement on behalf of the City of Vernon.
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SECTION 3: That the City Clerk of the City of Vernon
5 shall certify to the passage of this Resolution and thereupon
6 and thereafter the same shall be in full force and effect.
7 APPROVED AND ADOPTED this 1st day of June, 1982.
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ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
SS.
COUNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, City Clerk of the City of
City at a regular meeting of the City Council held on
June 1
, 1982.
Verno.n, do hereby certify that the foregoing Resolution, being
Resolution No.
4913 , was duly adopted by the City Council
of the City of Vernon, and was approved by the Mayor
(SEAL)
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BRUCE V. ~~LKENHORST, C~ ty Clerk
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DM-M-1SOa (2-82)
Page 1 of 12
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE (CITY)
OF VERNON
THIS AGREEMENT, made and executed in duplicate this
day of ,19 , by and between the State of California,
acting by and through the Department of Transportation, hereinafter referred to
as "the STATE" and the CITY of VERNON Hereinafter
referred to as "(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 within the (CITY) as provided in
Section 130 of the Streets and Highways Code.
B. AGREEMENT:
This Agreement shall supersede any previous AGREEMENT FOR MAINTENENCE OF
STATE HIGHWAYS IN THE CITY OF VERNON and/or AMENDMENTS
thereto with the (CITY).
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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 S tate highway routes or portions hereof all as hereinafter
described under Sections I and J hereof or as. said sections maybe subsequently
modified with the consent of the parties hereto acting by and through their
authorized representative.
c.
MAINTENANCE DEFINED:
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Maintenance is defined 1n 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.
"(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."
ExAJ6rt
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DM-M-1SOb (Rev. 2-82)
Page 2 of 12
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 Transportion assigned to the territory in which the
(CITY) is located, or his authorized representative.
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A guide to the proper degree of maintenance in specific programs 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 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 workm 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 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 ~ny 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 for Maintenance. It is also 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 except as otherwise provided
by Statute.
The (CITY) waives any and all rights to any type of express and
implied indemnity against the STATE, its officers or employees.
It is the intent of the parties that the (CITY) will
indemnify and hold harmless the STATE, its officers or employees from any
and all claims, suits or actions as set forth above regardless of the
existence or degree of fault or negligence, whether active or passive,
primary or secondary, on the part of the STATE.
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F. MAINTENANCE FUNCTIONS:
Certain maintenance functions may be delegated to the (CITY) as
indicated under Section J of this Agreement. The (CITY) shall not perform
any of these maintenance functions unless specifically delegated under
said Section J (DELEGATION OF MAINTENANCE).
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DM-M-1SOe (Rev. 1-82)
Page 3 of 12
The varlOUS maintenance functions or duties are defined and described by
the following programs. The numbers without prefix relate to the Maintenance
Management System (MMS) Program and the numbers with the prefix HM relate to
Caltrans budgetary codes.
*08 - ELECTRICAL PROGRAM - DELEGATED
HM-43
This program includes all maintenance work performed on ,highway electrical
facilities used to control flashing beacons, traffic 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, 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 spe2ifically authorized at the
intersection, the maintenance and operating costs tnereof shall be shared
between the STATE and the (CITY) 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
electricallly operated traffic control devices now in place or those which may
hereafter be installed at the intersection of any STATE highway route and any
(CITY) street/road shall be shared between the STATE arid the (CITY) on a pro
rata bas is 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 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" timing is the responsibility of the (CITY).
Timing records shall be kept in both the STATE and (CITY) maintenance and
traffic branches.
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NOTE: Cost of electrical energy charges will be charged separately.
DH-:-1-lS0f (Rev. 2-82)
CI.TY OF VERNON
EXHIBIT "A"
ELECTRICAL FACILITIES OPERATION AND MAINTENANCE
COST DISTRIBUTION
Billed and Maintained by the City
Type of
Fad lity
Route
007
007
Location
SB Long Beach
Fwy. at Bandini
off/ ramp.
SB Long Beach
Fwy. at Bandini
off/ramp.
SIGNALS
1 Signalized
Intersection
30 Lamps
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LIGHTS
2 Lights
Page 4 of 12
Effective
Cost Distribution
State City'
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33 1/3
66 2/3
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33 1/3
66 213
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DM-M-1SOg (Rev. 1-82)
Page 5 of 12
STANDARDS FOR DELEGATED ELECTRICAL MAINTENANCE
The level of maintenance work to be performed on highway electrical
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 seriously affect
public safety or capital investment should be promptly repaired or
temporary corrections made until permanent repairs can be scheduled.
Repair of inoperative or damaged electrical installations which do not
seriously affect public safety should be coordinated 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 ensure a minimum standard of operation, high~~y lighting, sign
illumination, and flashing beacons shall be routinely inspected during
hours of darkness.
Important illuminated signs, require prompt attention on notification of a
blackout or extensive burnout.
Signals
A detailed check for proper operation, including inspection and necessary
replacement of auxiliary equipment such as relays, contactors, etc., shall
be made at intervals of approximately 30 (thirty) days.
Fixed-time electro-mechanical controllers shall be overhauled approximately.
once a year.
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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 plaIlned 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.
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DM-M-lSOh (Rev. 1-82)
Page 6 of 12
FLASHING BEACONS
Flashing beacons shall be routinely inspected for proper operation
approximately once every 6 (six) months.
Electro-mechanical flasher mechanisms shall be removed, cleaned and
adjusted and excessively worn parts replaced, approximately 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 curren t ly in use:"""
The STATE reserves the option to check at random all traffic signals
maintained by the (CJ;TY) on STATE highways to assure conformance to the to the
electrical maintanance levels. Failure of the (CITY) to comply to the
electrical maintenance levels would be reason to terminate this Agreement as
specified under Sec tion L, "Term of Agreement".
Redelegation of traffic signal maintenance to third parties shall be don.e
only upon specific written approval of the District Director of Transportation.
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 or terminate this Agreement as
specified under Section L, "Term of Agreement".
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DM-M-1SOh (Rev. 2-82)
Page 7 of 12
*16 - OPERATIONS PROGRAM
HM-46
This program includes electrical energy required to energize overhead
lights, signals and other electrical facilities.
C. 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.
H. EXPENDITURE AUTHORIZATION:
The STATE will reimburse the (CITY) for actual cost of all routing
maintenance work performed by (CITY) as delegated 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 Agree~ent 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 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 expendiCures yor 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.
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DM-M-1SOi (Rev. 2-82)
I. ROUTE DESCRIPTION AND AUTHORIZED EXPENDITURES:
ROUTE
NO.
007
LENGTH
MILES
0..28
DESCRIPTION OF ROUTING
Long Beach Freeway from the southeast
City limit at Atlantic Blvd. PM 21.95
to the north City limit approximately
0.05 mile north of Hobart Yard Overhead
PM 22.23.
A length of approximately 0.28 mile.
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ANNUAL
MAXIMUM
EXPENDITURE
AUTHORIZED
$2,000.00
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TOTAL AUTHORIZED EXPEND. $2,000.00
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DM-M-150j (Rev. 2-82)
Page 9 of 12
J. DELEGATION OF MAINTENANCE
The specific maintenance activity indicated below 1S hereby delegated to
the (CITY). 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.
Caltrans Budgeting Codes (HM)
Maintenance Management Program No. (Ol-ETC.)
Maintenance
Function
ROUTE NO. 07
ROUTE NO.
Miles
Miles
HM-ll HM-12 - 01 &02 Flex. & R1g1d Rd.
Maint. Prg.
Specific Activit~:
HM-2l - 03 Roads1de Ma1ntenance
Specific Activit~:
HM 22 - 04 RoadHde Li tter & Debris
Specific Activity:
HM-23 - 05 Vegetation Control
Specific Activity:
HM-4l - 06 Pavement Delineation
Specific Activity:
HM-42 - 07 Signs
Specific Activity:
HM-43 - 08 Electrical ~
Specific Activit~:
HM-44 - 09 TraffiC Safety
Devices Specific Activity:
HM-25 - 12 Landscaping
Specific Activity:
HM-3l - 13 Bridges & Pumps
Main~. Specific Activity~
HM-47 - 15 Permits
Specific Activity:
HM-46 - 16 Electrical Energy
Specific Activity:
(3)
x
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x
Footnotes: (1) Length of street to be cleaned 0.00 curb
miles.
(2) Length of street to be cleaned 0.00 curb
miles.
Sweeping shall be limited to a frequency of twice weekly.
(3) (CITY) will maintain sidewalks and shall be responsible for any
costs therein.
(4) Redelegation of sweeping maintenance actlvlty to third parties
shall be done only upon specific written approval of the
District of Transportation.
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DM-M-1SOk (Rev. 2-82)
Page 10 of 12
K. SUBMISSION OF BILLS:
(The (CITY) shall submit bills monthly) or (The (CITY) 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) will be allowed to recover overhead
and administrative costs only tb 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). Bills subIl),itted to the (CITY) fo.1" work performed by this
Agreement will also include ove'rhead and administratIve costs in accordance
with the State Administrative Manual.
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 Highway
Superintendent for the area of any storm damage or other emergency condition
affecting the STATE highway. The (CITY) shall maintain, on a generally
accepted accounting basis complete, and accurate records that support all
billings. These records shall be made available to STATE representatives for
review during normal business hours for a period of three (3) years after
payment of said billings.
L.
TERM OF AGREEMENT:
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This agreement shall become effective
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 days notice to the other party.
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DM-M-1SOl (Rev. 2-82)
Page 11 of 12
IN WITNESS\olHEREOF, the parties hereto have set their hands and sea ls the
day and year first above written.
(CITY) VERNON
By
Mayor
City Clerk
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Approved as to form and
Procedure:
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STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTArION
Attorney
Department of Transportation
ADRIANA GIANTURCO
Director of Transportation
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Cay Attorney
By
Distr1ct Director
By
**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.
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DM-M-1SOm (Rev. 2-82)
Page 12 of 12
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AGREEMENT FOR MAINTENANCE OF
STATE HIGHWAY IN THE (CITY) OF VERNON
WHEREAS, the State of California, through its Department of
Transportation has presented an Agreement for maintenance of the STATE
highway in the (CITY) of VERNON effective as of
. and to rema1n in e ffec t un ti 1 amen<ied or terminated.
WHEREAS, the City Council has heard read said
agreement in fu 11 and is familiar with the contents thereof:
THEREFORE, be it resolved by the City
(CITY) OF VERNON
Maintenance of the STATE h,1ghway in the (CITY)
the Mayor and the (CITY) Clerk are directed to
sa id (CITY).
Council of the
that said Agreement for
~ hereby approved and
~ign the same on behalf of
ADOPTED this
day 0 f
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Mayor
Attest:
City Clerk
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I hereby certify that the foregoing resolution was duly and
regularly passed by the City Council of the (CITY) VERNON
at a regular meeting thereof held ,19___.
Clerk of the City of VERNON
~ C~ V
1 ~ CITY COUNCIL OFFICERS
LEONIS C. MALBURG, MAY!~R BRUCE V. MALKENHORST,
( ~ HILARIO GONZALES ' CITY ADMINISTRATOR/CITY CLERK
IVI WILLIAM M. MCCORMICK
THOMAS A. YBARRA - - DAVID B. BREARLEY,
WILLIAM J. DAVIS
CITY ATTORNEY
TE+,EPHONES
- ~ ARTHUR E. NELSON,
CITY ~'LERK - - - - - - 583-8811 DIRECTOR OF COMMUNITY SERVICES/HEALTH OPFICER
POLICE DEPT. - - - - - - - 587-5171
FIRE DEPT. - - - - - - - - 583.4821 LEWIS R. ADAMS,
- BUILDING DEPT. - - - - - - 583-8811 DIRECTOR OF WATER & POWER
PUBLIC WORKS DEPT. - - - - 583-8811
- HEALTH DEPT. - - - - - - - 583-8811 GEORGE F. BASS.
FIRE CHIEF
AL ESPINOZA,
POLICE CHIEF
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
May Z,7 , 1982 IN REPLY REFER TO:
City Council
City of Vernon
Honorable Members:
It is hereby requested that authorization be granted for execution
of an agreement between the State of California Department of Trans-
portation, and the City of Vernon. aid agreement provides that
the City maintain the signals at the Bandini off ramp of the Long
Beach Freeway at Bandini Boulevard and bill the State for one
third the cost.
Thanking you in advance for. your consideration in this matter.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gjo
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May 18, 1982
V-lo
T0: Bruce V. Malkenhorst, City Administrator.
FROf~^: Arthur E. Nelson, ~i.rector Community Services
Signals at Bandini off ramp from Long Beach Freeway and
Bandini Boulevard are maintained by State in accordance with
the agreement dated Aucr,ust 25, 1964. City pays two thirds of
cost; State pays one third. .Last invoice approved for payment
was for six month period; January 1, 1980 to June 30, 1980. The
amount was $889.15 which figures out to be $148.19 per month.-
- Lightinn costs $89.40 monthly, leaving $58.79 monthly for siana1
maintenance. The City's current contract cost to maintain a
traffic signal installation per intersection per month is $45.80.
By letter dated June 30, 1981, State was advised that .City
could provide better service at a substantial cost savings and
requested a draft agreement be provided for review.
The enclosed draft agreement provides for the City to-main-fain
the signals at the Bandini off ramp at Bandini Boulevard and bill
the State for one third of the cost. Subject to approval as to
form by the City Attorney, it-is recommended that the Niayor and
City Clerk be authorized. to execute enclosed agreement with the
State to-__maintain the traffic sicrnals at the Bandini-off ramp
'of theLong Beach Freev~~ay at Bandini Boulevard.
AE N : p s `
Enclosure ° ~ ~ ® ~
cc: City Attorney
DM-M-150a (2-82) cage l of 12
AGREEMENT FOR"MAINTENANCE OF STATE HIGHWAYS IN 'THE .(CITY)
OF VERNON
THIS AGREEMENT, made and executed in duplicate this Zst
day of June ,1982; by and between the State of Ca i ornia,
acting y an t roug t e Department of Transportation, hereinafter referred to
as "the STATE" and the CITY of VERNON Hereinafter
referred. to as "(CITY)".
W I T N E S S E T H s
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
SecCion 130 of the Streets and Highways.. Code.
B. AGREEMENT:
This Agreement shall supersede anq previous AGREEMENT FOR MAINTENENCE OF
STATE HIGHWAYS _IN THE- CITY. OF VERNON and/or AMENDMENTS
thereto with the (CITY).
In consideration of-the mu ual covenants and promises herein contained, iC `
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. "(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 Eo 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 ar 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."
DM-M-150b (Rev. 2-82) Page 2 of 12
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 Transportion assigned_to the territory in which the
(CITY). is located, or his authorized representative.
A guide to the proper degree of maintenance .in .specific-programs- 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 service o~ 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 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 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) under or'in
connection with any work, authority or jurisdiction delegated to th'e (CITY)
under this Agreement for Maintenance. It is also 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 except as .otherwise, provided
by Statute.
-The (CITY)`waives any and' all rights to any type of express and
implied indemnity against the .STATE, its `officers or employees.
It is the-intent of the parties. that the (CITY) will
indemnify and hold harmless the STATE, its officers or employees from any
and all claims,.suits or actions as 'set forth above regardless.~of the
existence or degree of fault or negligence, whether active or passive,
primary or secondary, on the part of the STATE.
F. MAINTENANCE FUNCTIONS:
w
Certain maintenance functions may be delegated to the (CITY) as
indicated under Section J of this Agreement. The (CITY) shall not perform
.any of these maintenance functions unless specifically delegated under
said Section J (DELEGATION OF MAINTENANCE).
DM-M-150e (Rev. 1-82) Page 3 of 12
The various maintenance functions or duties are defined and described by
the following programs. The numbers without prefix relate to the Maintenance
Management System (MMS) Program and the numbers with the prefix HM relate to
Cal trans budgetary codes.
*OS -ELECTRICAL PROGRAM -DELEGATED
HM-43
This program includes all-maintenance: work performed on highway electrical
facilities used to .control flashing beacons, traffic signals and traffic signal
systems, provide safety and sign lighting.
STATE will not: pay for the maintenance, instalration,: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 specific-ally authorized at the
intersection,.the maintenance and operating costs thereof shall be shared
between the STATE and the (CITY) on a pro rata basis in the same '.ratio as the
number of .legs in he intersection under each jurisdictionbears to the total
number of legs..
The cost of maintaining. and operating traffic signals or other
electrcallly operated traffic control devices now in place or those which may
hereafter be installed at the intersection of any STATE highway route and any
(CITY) street/road.sha l be shared between the STATE and the (CITY) 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 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 .thee interchange.
Timing of traffic signals shall be the responsibility of the STATE.` Timing
.shall be determined afterconsultation with the-local agency; however, the
_decision of the,District Director of Transportation shall be final.
Maintenance of the "designed" timing is the responsibility of the (CITY).
Timing records shall. be kept in both the STATE and .(CITY) maintenance and
traffic branches.
NOTE: Cost of electrical energy charges will be chargedseparately..
DM-M-1.50g (Rev. 1-82)_ Page 5 of 12
STANDARDS FOR DELEGATED ELECTRICAL'MAINTENANCE
The level of'maintenance work.. to be performed on highway electrical
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 seriously affect.
public safety or capital investment should be promp ly repaired or
temporary corrections made until permanent: repairs can be scheduled.
Repair of inoperative or damaged electrical installations which do not
seriously affect pub-lic: safety should be coordinated with routine
maintenance operations.
A routine surveillance of electrical facilities shall be made in an of-fort
to abserye and correct potential deficiencies before. serious problems
develop..
To ensure a minimum standard of operation, highway lighting, sign
illumination, and flashing beacons shall be routine Ty inspected during
hours of darkness.
Important illuminated signs, require prompt attention on notification of a
blackout or extensive burnout.
Signals
A detailed check .fore proper .operation, including-inspection and necessary
replacement of auxiliary equipment such as relays, contactors, etc., shall
be made at intervals of approximately 30 (thirty).days.
Fixed-*_ime electro-mechanical controllers shall be overhauled approximately.
once a year.
Traffic-actuated, electro-mechanical controller units shall be overhauled
' inthe shop approximately once every. year.
Traffic signal lamps-shall be group'replaced'on aplanned schedule based on
,rated lamp life.
All signal maintenance inspections or repairs shall-be loggedand records
maintained in the control cabinet.
' Signal standards and control cabinets shall be maintained in a presentable
manner.
DM-M-150h (Rev. 1-82) Page 6 of 12
.FLASHING BEACONS
Flashing beacons shall he routinely inspected for proper operat-ion
approximately once every. 6 (six) months.
Electro-mechanical flasher mechanisms shall be removed, cleaned and
'adjusted and excessively worn 'parts replaced, approximately 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 tl~e rated life of
the lamps currently in use.
The STATE reserves the option to check .at random all traffic signals
maintained by the (CITY) on STATE highways to assure conformance to the to the-
electrical maintanance levels... Failure of the (CITY) to comply o the
electrical maintenance"levels would be reason 'to terminate this Agreement as
specified under Section L, "Term of Agreement".
Redelegaton of traffic. signal maintenance to third parties shall be done
only upon specific written approval of the District Director of Transportation.'
Such"redelegated work .shall be performed to the same levels o£ service as
spelled out herein and will be subject to the same random checksas-provided
for work-performed directly by.(CITY)-forces or terminate this Agreement as-
specified under Section L, "Term of.Agreement".
DM-M-150h (Rev. 2-82) ~ Page 7 of 12
' *16 -OPERATIONS PROGRAM
HM-46
This program includes electrical energy required to energize overhead-
lights, signals. and other electrical facilities.
C. GENERAL-GUIDES:
Maintenance of warning and regulatory signs, traffic control devices, and
highway lighking facilities as hereinbefore referred shall include upkeep and
repair of the supports, as well as such other items which are an integralpart
of the installation.
H. EXPENDITURE AUTHORIZATION:
The STATE will reimburse the (CITY) for actual cost of all routing
maintenance work. performed by (CITY) as delegated 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 ensure equitable annual cost.
The expenditureper route for routine maintenance work as referred to
above may be increased or decreased, redistributed 'oetween.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.
DM-M-150i (Rev. 2-82) ~ Page 8 of 12
I. ROUTE DESCRIPTION AND AUTHORIZED EXPENDITURES:
:ANNUAL
MAXIMUM
ROUTE LENGTH. EXPENDITURE
N0. MILES DESCRIPTION OF ROUTING AUTHORIZED
.007 0.28 Long Beach Freeway from the southeast $2,000.00
City limit at Atlantic Blvd. PM _21.95 _
to the north City .limit approximately
0.05 mile north of Hobart Yard -Overhead
PM ?_2.23.
A leng h of approximately 0.28 mile.
TOTAL AUTHORIZED EXPEND. $2,000.DO
DM-M-150f (-Rev. 2-82) Page. 4 of 12
CITY OF VERNON
EXHIBIT ~~A~~
.Effective.
ELECTRICAL FACILITIES OPERATION. AND MAINTENANCE
-COST DISTRIBUTION
Billed and Maintained by the Gity
Type of Cosh. Distribution
Route Location Facility, State.' City.
SIGNALS
007 SB Long Beach 1.Sgnalized.. 33 1/3 66 2/3
Fwy. at Bandini` Intersection
off/ramp. 30 Lamps
LIGHTS
007 SB Long Beach" 2 Lighta 33 1/3 66 2/3
Fwy at Bandini
off/ramp.
t•:
DM-M-150j (Rev. 2-82) Page 9 of T2
J. DELEGATION -0F MAINTENANCE
'.The:specific maintenance activity indicated be low 'is hereby delegated"to
the (CI'PY). This delegation of Maintenance activity set forth herein does not
include areas and functions of which the control and ma intenance'rest'with the
local authority under the terms of_Freeway Agreements and/or Freeway Maintenance
Agreements.
S ="State Mai~.ter_ance
Cal trans Budgeting Codes..(HM)
Maintenance Management. Program No. (O1-ETC.) C Cit~r`Marite22ariCe
Maintenance
Function ROUTE N0. 07 ROUTE N0.
Miles Miles
HM-1-1:HM-12 - O1 02 Flex: & Rigid Rdc
Ma int. Prg. S
S ecific"Activit
HM-Z - Roa si a Maintenance
S ecific Activit S (3).
` HM-22 - Roadside Litter & De ris S
S ecific Activit
HM-2 - 5 Vegetation Contro S
S ecific Activit
HM= - Pavement Delineation S
S ecific.-Activit
HM- 2 _ 07 Signs
Specific Activit : S
HM- - Electrical
S ecific. Activit
HM- - 9 Tra is Sa ety S
Devices Specific Activit
HM-2 - 12 Landscaping s
Specific Activit
HM- - Br ges & Pumps '
Maint. S ecific Activit S
HM- - Permits S
S ecific' Activit
HM- - E ectrica Energy C
Specific Activity:
Footnotes: (1) Length of street to be cleaned 0.00 curb
_mi le s-.
(2) Length of street to be cleaned 0.00 curb
miles."
Sweeping shall be limited to a frequency of twice weekly.
(3) (CITY).. will maintain sidewalks :.and shall be,responsible for any
costs therein.
(4) Redelegation of sweeping mainaenance activity to third parties
shall b~ donee-only upon specific-written'.approval of the
District:of Transportation.
,DM-M-150k (Rev. 2-$2) Page 10 of 12
K. SUBMISSION OF BILL'S:
(Thee (CITY) shall submit bills monthly) or (The (CITY)- may submit .bills
-.monthly except that no bill for less than $100_shall be submitted more than
once-each quarter..) .Bills must b'e submitted promptly following close-of
corresponding billing.perod_and should be coded according 'to the Calr,rans
program or Budgetary Code-as outlined in this Agreement..
Equipment shall'be charged at mutually-acceptable rental-rates and labor
and material at actual costa The ("CITY) wi'11 be allowed to recover overhead
arid`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 Eype of'bi11 will be ,
allowed the (CITY).. Bills submitted to the (CITY) for work. performed by this
Agreement will also include overhead and. administrative costs in accordance
with the State Administrative Manual.
Emergency andstorm xepairs performed by the (CITY) would be paid for only
with prior approval of the State's Highway Superintendent of that specific-
area. In additions the (CITY) should immediately notify the State's Highway.
Superintendent for the area of any storm damage or other emergency condition
affecting the STATEN highway.. The (CITY) shallmaintain, on a generally
accepted accounting basis complete,. and accurate records tha support all
billings. These records-shall be made availableto 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 July 1, 1982
~ and_.shall remain in .full force and effect-unties.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 days notice to the. other party.
DM-M-1501 (Rev. 2-82) Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have set their .hands-and seals the
day.-and.. year first above written.
(CITY) VERNON
sy .
Mayor
rty C erk
Approved as to form and 'STATE OF CALIFORNIA
Procedure: DEPARTMENT OF TRANSPORTATION
Attorney ADRIANA GIANTURCO
Department of Transportation Director of Transportation
~i BY
n
City -Attorney Distr~, t Dir ctor
By
**Approval by State's Attorney.is not required unles's changes are made to this.
form, in which case the drafE will be submitted for Head quarters''revew and
approval by"State's Attorney as to form-and procedure..
- - -
/ ; _ _
• f f
D~1-M-ISOm (-Rev.: 2-82) Page 12 of 12
RESOLUTIOiV N0.
RESOLUTION OF_T1iE CITY COUNCIL OF THE CLTY
OF VERNON APPROVING AGREEMENT FOR MAINTENANCE OF
STATE HIGHWAY IN THE-(CITY) OF VERNON
WHEREAS, the State of California, through its Department of
• Transportation has-presented an Agreement for maintenance of the STATE -
highway in the (CITY) of VERNON - effective as `of
• and. to .remain in effect until amended or terminated:
WHEREAS,. the Gity Council has heard read said
:agreement in full and is familiar. with the contents thereof:
THEREFORE, be it.resolved by the City Council of the
(CITY) OF VERNON that-said Agreement for
Maintenance of the STATE highway in the 'CITY ~s hereby appxoved and
.the. Mayor and the (CITY) Clerk are directed to sign the same on behalf of
said (CITY). -
ADOP-TED this day of 19
Mayor.
Attest:
City Clerk.
Thereby certify that the foregoing resolution was duly and
regularly passed by .the City Council of the (CITY) VERNON
at a regular meeting thereof-held 1
Clerk of the C tyof VERNON