HomeMy WebLinkAboutState of California - 1971 Highway Maintenance Agreement
AGREEI>1EHT FOn [.TAINTEI,rANeE OF S'l'fl'llE HIGm',T/~Y In THE CI'1'Y
OF GILROY
I:PHIS AGHEEliIENT J made and executed in duplicate this
26th
day of
Februar,y.
, 19~, by and
~
bet\'leen the Department of Public \'lorks of the State of California,
acting by and through the Division of Highways, hereinafter called
the "Departmentll and the City of
Gilr:oy
, herein-
after referred to as "City".
WIT N E SSE T H:
1. RECITALS: The parties desire to provide for the maintenance
pf State highway routes within the City as provided in Section
130 of the Streets and Highways Code, and to arrange herein for
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the particular maintenance functions to be performed by the City
and those to be performed by the Department and to specify the
terms and conditions under which such work will be performed.
2. AGREEfvIE:Wr: This Agreement shall supersede all previous
IIAgreements for Maintenance of State Highways in the City of
Gilroy
II and Amendments to the Agreement
which have been executed.
In consideration of the mutual covenants and promises
herein contained, it is agreed:
The City will perform such maintenance work as is specifi-
cally delegated to i~ and the Department will perform those parti-
cular functions of maintenance not otherwise assigned to the City
,
. on the State highway routes or portions thereof all as herein-
after described under Sections 21 and 22 hereof or as said sections
may be subsequently modified with the consent of the parties hereto
acting by and through their authorized representative.
3. MAINTENANCE DEFINED: Maintenance is defined in Section 27 of th~
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 racility, 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 O~ repair
necessitated by accidents or by storms or other
weather oonditions, slides, settlements or other
unusual or unexpected damage to a roadway, structure
or facility.
The degree and type of maintenance for each highway,
or portion thereof, shall be determined in the
discretion of the authorities charged with the main-
tenance thereof, taking into consideration traffic
requirements and moneys available therefor.1I
4. D~GREE OF MAINTENANCE: The degree or extent of maintenance work
to be performed and the standards therefor shall be in accordanoe
with the provisions of Section 27 of the Streets and Highways Code
and the provisions of this Agreement as hereinafter speoified or as
may be prescribed from time to time by the District Engineer.
"District Engineer", as used herein, means the District Engineer or
Assistant State Highway Engineer of the Division of Highways assigned
to the territory in which the city is located, or his authorized
representative.
5. LEGAL RELATIONS AND RESPONSIBILITIES: Nothing in the provisions
of this Agreement 1s intended to affeot the legal liability 01." 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.
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It is understood and agreed that neither the State, the
Department, nor any officer or employee thereof 1s responsible
for any damage or liability ocourring by reason of anything done
or omitted to be done by the City under or 1n connection with
any work, authority or jurisdiotion delegated to the City under
this Agreement for Maintenanoe. It 1s also understood and agreed
that, pursuant to Government Code Section 895.4, Ct ty shall fully
indemnity and hold State harmless from any damage or liability
occurring by reason of any~hing done or omitted to be done by
Cl ty under or In oonneotion wi th any work, authori ty or
jurisdiotion delegated to City under this Agreement.
It is underntood and agreed that neither City, nor any
officer or employee thereof, is responsible for any damage or
liabili ty occurring by reason of anything done or omitted to be
done by the Department under or in connection with any work,
authority or jurisdiction not delegated to the City unner this
Agreement for Maintenanoe. It i8 also understood and agreed
that, pursuant to Government Code Section 895.4, Department shall
fully indemnify and hold City har.mless from any damage or liability
occurring by reason of anything done or omitted to be done by
Department under or in oonnection with any work, authopity or
jurisdiction not delegated to City under this Agreement.
6. HIGHWAY, as used herein, refers to the whole right-or-way
which is secured or reserved to use in the construction and
maintenanoe of the roadbed and roadsides as hereinafter
described.
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7. ROADBED means that portion of the roadway extending from
curb line to curb line or shoulder line to shoulder line.
8. IMPROVED ROADSIDES relates to the area between the roadbed,
as defined under Section 7, and the right-of-way boundary lines,
including curb and sidewalk, as hereinafter described but ex-
cluding drainage structures or waterways.
9. UNIMPROVED ROADSIDES relates to the area between the road-
bed and right-of-way boundary wherein curbs and sidewalks do not
exist.
10. CURBS relates to a timber or a masonry structure sepa-
rating or otherwise delineating the roadbed from the remainder of
the highway.
11. SIDEWALK applies to the paved or otherwise improved surface
area between the face of curb and right-of-way boundary, including
paved entrances or driveways.
12. BRIDGES, as used herein, refer to structures having been
assigned Bridge Numbers by the Department. All other cross
drainage structures will be classified as culverts.
ROUTINE MAINTENANCE
13. ROUTINE MAINTENANCE to be performed on the roadbed or
roadsides shall consist of such work as patching, crack sealing,
care of drainage, upkeep and repair of bridges, culverts, guard
rail, median barriers, curbs and sidewalks, operation of draw-
bridges, street sweeping and cleaning, repair of damage and
cleaning up after storms and traffic accidents, control of road-
side vegetation, care of landscaped areas, trees or other
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ornamental plantings, and upkeep and operation of traffic ser-
vice devices, all as hereinafter specified.
Routine tree maintenance shall be limited to minor trimming
as required to improve sight distance or to the occasional re-
moval of dead or low overhanging limbs. Extensive tree recon-
ditioning work, spraying or removal are not routine maintenance
operations and will not be paid for unless such work is specifi-
cally authorized by the Department. The above shall not be
construed as restricting, prohibiting or otherwise relieving the
City of the responsibility for inspection and upkeep of trees in
a manner that will insure maximum safety to both vehicular and
pedestrian traffic.
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. The Department will not under-
take nor pay for picking up or disposing of rubbish or debris
swept into or otherwise placed on the highway from abutting
property. The extent of sweeping and cleaning on the State high-
ways shall not be greater than customarily done on comparable
city streets.
Maintenance work to be performed within the area desig-
nated as Improved Roadsides shall include the removal of dirt
and litter as referred to above and such sidewalk inspection and
action towards repair of sidewalks, curbs or other facilities as
is necessary to keep them in a reasonably safe condition. The
City agrees to follow the same policy and procedure generally
followed by it with respect to streets of the City in the matter
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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.
Maintenance of warning and regulatory signs, traffic con-
trol devices, and highway lighting facilities as hereinafter
referred to shall include upkeep and repair of the supports, as
well as such other items which are an integral part of the in-
stallation.
Care of landscaped areas, ornamental plantings, trees, and
road signs, and the upkeep and operation of traffic signals and
highway lighting facilities located or based within the Improved
Roadside area shall not be undertaken by City unless such work is
specifically delegated under Section 22 of the Agreement.
Bridges, as defined under Section 12, will be investigated
by a representative of the Department's bridge engineering staff
once each year and oftener, if considered necessary. In addition
to such annual investigation, routine maintenance to be performed
under provisions of the Agreement shall include monthly inspec-
tion of each bridge by qualified personnel and immediate repair
of the minor defects when the cost does not exceed $500. The
District Engineer shall be immediately notified of major defects
as are hereinafter defined.
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
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Department. Major bridge repair is not a routine maintenance
operation and will require specific authorization.
TRAFFIC SERVICE
14. WARNING AND REGULATORY SIGNS shall conform to the speci-
fications adopted by the Department, or as otherwise specifically
authorized by the Department. Positioning of such signs shall
conform to standards adopted by the Department.
Unless specifically authorized, the Department 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.
15. TRAFFIC S'rRIPE AND PAVEMENT MARKINGS shall conform to the
Standards established by the Department.
Except for the red "No Parking" zones at the approach to
and exit from intersections controlled by traffic signals, the
Department will not pay for curb painting or parking lines as may
otherwise be required for the regulation of parking.
The cost of maintaining pedestrian crosswalks at intersec-
tions shall be shared between the Department and City in the Bame
ratio as the number of intersecting roads or streets under juris-
diction of the respective agencies bears to the total number of
intersecting City Streets, State Highways and County Roads within
the particular intersection; for example, a 50-50 basis will apply
to the regular cross-street intersection wherein a County Road is
not a factor.
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16 . TRAFFIC SIGNALS, FLASHERS OR OTHER ELECTRICALLY OPERATED
TRAFFIC CONTROL DEVICES: The cost of maintaining and operating
traffic signals or other electrically 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 shall be shared between the Department and the City on the
basis of the number of intersection streets in the same aanner
specified for crosswalks under Section 15.
17 . HIGHWAY LIGHTING: The Department will not pay for the
maintenance, installation, repair, servicing, nor power for
electroliers nor ordinary street lighting; however, lighting at
intersections, when required for the safety of persons using the
streets, roadways or highways, will be paid for wh~n approved and
specifically authorized by the District Engineer. Where such
lighting has been specifically authorized at an intersection, the
maintenance and operating costs thereof shall be shared between
the Department and the City on the basis of the number of inter-
secting streets to the intersection in the same manner specified
for pedestrian crosswalks under Section 15.
18. TRAFFIC CONTROL DEVICES AND HIGHWAY LIGHTING FACILITIES as
defined under paragraphs 16 and 17 above, which are installed
subsequent to the execution of this Agreement, shall become sub-
ject ,to the terms and conditions of this Agreement upon notice to
the City from the Department of the completion of any such in-
stallation.
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PERMITS
19. ENCROACHMENT PERMITS: When authority to issue Encroach-
ment Permits ie delegated to the City, the authority shall per-
tain to all parts of the highway throughout the particular length
of streets indicated under Section 22 of the Agreement. Permits
shall be issued on a form provided by the Department and the City
will furnish a copy of each permit to the Department. The City
agrees to follow such general State policies regarding encroach-
ments as may be specified by the District Engineer. Routine
permits shall be handled by the City without approval, but prior
approval of the District Engineer shall be secured before' any
permit is issued for the original installation of any utility
line, c6mmercial driveway, or other major encroachment within the
highway right-of-way. No sign or marquee shall be permitted to
be installed within or project beyond a line 18 inches back or
curb line, and no sign of any kind except warning signa at rail-
road crossings shall be permitted to be suspended over the roadway.
Marquees or signs extending over the sidewalk area shall conform
to the City's Building Code and shall be maintained in a good
appearing and structurally safe condition at all times. An ex-
isting sign or marquee suspended or projecting over the State
highway that constitutes a hazard shall be immediately repaired
or removed.
If the City by ordinance or other regulation imposes more
restrictive regulations and requirements regarding signs and
marquees than above set forth, nothing in these provisions shall
be construed to prevent the City from enforcing such restrictive
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regulations in the granting or refusing of permits with respect
to any State highway.
The Department will pay for the cost of inspection of such
signs, marquees, and other encroachments as a part of maintenance,
provided that the City shall comply with its usual policy with
respect to collecting costs from permittees in such cases as fees
or charges are made by the City for similar work on City streets.
Any amount so collected by the City with respect to any State
highway shall be credited against the charges made by the City
for such work.
20. TRANSPORTATION PERMITS: Transportation Permits will be
required for all vehicles and their loads which exceed the limita-
tions specified under Division 15 of the California Vehicle Code.
Where authority to issue Transportation Permits is delegated to
the City, such authority shall pertain only to travel that ori-
ginates and terminates within the corporate limits and it shall
not apply to through haul transportation. In issuing such permits,
the City shall follow the policies and regulations established by
the Department for the issuance of Transportation Permits as set
out in the Department's Maintenance Manual of Instructions in
effect at the time such permits are iSBued, including, specifi-
cally, limitations upon the crossing of bridges and overcrossings
detailed therein.
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21. ROUTE DESCRIPTION
'ROUTE
~ NO.
LENG1J.'H
MILES
101
4.32
152
2.95
04-SCI-Gilroy
February 26, 1971
DESCRIPTION OF ROUTIKG
Monterey Street from south city limits
1,150 feet south' of Luchessa Road to
city limits 1,530 feet north of Welburn
Avenue, a length of 2.60 miles for this
portion; also, Monterey Street from city
limits 250 feet south of Ronan Avenue to
north city limits 600 feet north of
Golden Gate Avenue, a length of 1.72 miles
for this portion; a total length of 4.32
miles.
First Street (Hecker Pass Highway) from
west city limits 1,300 feet west of
Morey Avenue to Monterey Street, State
Highway Route 101, a length of 1.76
miles for this portion, of which northerly
half-width from city limits 1,300 feet ·
west of Morey Avenue to Morey Avenue,
and from 400 feet east of Morey Avenue
to 1,100 feet east of T'lorey Avenue, a
comb:Lned Jent';th of 0.38 fl1:tle, l:.es 1<J},tb5n
the City; a1~o, Tenth Street (Pacheco
Pass Highway) from Monterey Street to
east city limits O.20mtle west of Llagas
Creek Bridge excepting 0.20 mile outside
city limits from 2,650 feet east of
Monterey Street to 3,720 feet east of
Monterey Street, a length of 1.19 mile
for this portion; a total length of 2.95
miles.
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oJ.J--SC J. ..G i lroy
February 26, 1971
22" DELEGN11ION OF I'~J\IN'J'EHANCE: '1'h8 ))1'.l1n tcnance \iorlc to be pe:l:fOl'l:lc:d
by' Ci ty and/or Depal.tmcnt shall conform to th0 pl'ovis:i.ong hereof and
shall include those operations as hereinafter ind1e;ated:
/,/' AGENCY TO PETIFOFG1 HORK
Item 1>iAIN'rEHi\NCE FUHCTION ~II'1r:-l~JO-~""-' 'J/l:.lr:-NO. ----ffl'i;~-lr(j_:__fT'T}r:_-Tr0.
No.
{Roadbed...............
561' Improved Roads:J.de.....
Unimproved Roadside...
562 Bridges and Culverts...
-Guide Signs...........
Warning Signs.........
Regulatory Signs......
563 Traffic Stripe........
Pavernsnt Markings.....
Traffic Slgnal~.......
IJighHay LiGhting.......
Guard Hail............'
Median'Barriers.......
564 Sweep1'~ and Cleaning~.
565*(Landscaped Areas......
( Tre e s . . . . . . . . . . . . . . . . .
566 Curbs and Side'rlalks....
ISSUANCE OF PEffi1ITS
Encroachment;..........
Transportation....-~....
101 152
]]1[' ~>;, ~ ~ ~
.p p, .J.':> 0. -,p P.
__ Ci r-~~ _ _~_._ (l) or! ()
--=.....-- -
x
x x
~
-,p
'..-l
o
~
P.
(])
c:::l
-, ,
'-I
--I
,
x
x
x x
-- -
x x
x x
x x
x x
x x
x x
x x x
x x
x x. L___L_
U- TI"
x (1) x (2) I (3)
x x .
x x
x x
...
( )~ ) I
,I
x x (5) x
x x
x (5)
--
i('\<lhen and as specifica.lly authorized by the District Engineer as
provided under Section 13 hereof.
.:H:.The delcf,ntion of maintenance set forth herein does not in(;ludc
areas and functions, the contl'ol and maintenace of which.. rest
\li th the local authori ty under F'rec\'!a~r Acre8rnent~ an(1/or F'rec'\>my
l'1a1n tonanc e Ag-rp,cmen t s .
***City sweeps 2.bO curb miles. Median gutters are flushed-not swept.
*** 11,) Leni!th of street to be c1cancd---I ~Curb miles.
2 'n' II II II II II., . - 2 ~- 1 g II "
II II " "II II ""
3 II --- II II-
11 II II 11 " " II
(5) Department will issue permits for encroachments between
curb lines. City will issue permits for encroachments
between curb line and right of way line of each side.
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23. EXPENDITURE AUTHORIZATION: The Department will reimburse
Clty for actual coat of all maintenance work performed by City
Bf] 1~~gated under Section 22, but it is ag'l::'eed that during any
f cal year, the maximum expenditure on any route shall not ex-
ceed the amount as shown elsewhere in this Agreement, unless
such expenditure 1s revised by an amended Agreement Or' other't'4'lse
.lusted or modified as hereinafter provided
The expenditure
r,r'out~1 for routine maintenance '\11'
3'$ rred to above irilly be increased or decrea5ed, l"edis ted
tween routesjI or additional expenditures f01:'
Lf 1. (:
,":.:) ,"'~' 4-- ~:
"',. L- ~" t,,'
costing $5,000 or less may be made when such specific work Gl'
ad.Justment of expenditures for routine maintenance is au zed
wrtting by the DIstrict Engineer or his authorized represen-
tatl ve. Expendt tUl"es for specific projec ts cost~'Lng in excess of'
$5,000 may be made when such specific work is authorized in
~1!l"i ting by the State Highway Engineer or his autho:r'ized repre-
B2ntative. Additional expenditures or adjustmenc
tUIl!€:.:':S
thus authorized shall apply duri.ng the fiscal year- destgnated
thel"eln and shall not be deemed to permanently motU fy ot:" change
basIc maximum expenditure per route as her'elnafter' r,lpecif'~e
An adjustment of the maximum expenditure shown on page 1,4 hereof
(of the Agreement), either increase or decrease, shall not affeet
other terms of the Agreement.
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04-SCI-Gilroy
February 26, 1971
ROUTE NO.
LENGTH rULES
MI~IMUM EXPENDITUflli PER ROUTE
Effective January 1, 1968, through February 25~ 1971
:---
101 3.36 $ 4,032.00
152 2.47 1,482.00
Effective February 26, 1971
101
4.32
2.95
$ 5,000.00
152
1,200.00
...
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24. SUBfvIISSION OF BILLS: The Ci ty shall submit bills monthl;,{,
provided, however, that no bill for less than $100 shall be
submitted, except once each quarter. Equipment shall be charged
..
'"
.",'
at mutually acceptable rental rates and labor and material at
actual cost. An overhead cost not to exceed fifteen per cent
may be added to the actual cost of equipment, materials, and
labor. Bills submitted to the City for work performed by the
Department under Sections 16, 17 and 18 of this Agreement will
include overhead and administrative costs in accordance with the
State Administrative Hanual.
25. TERM OF AGREE~lliNT: This Agreement shall become effective
February 26, 1971
and shall remain in full force and
I
effect until amended or terminated.
.
The Agreement as above may be amended or terminated at
any time upon mutual consent of the parties thereto or upon
thirty days' notice 'by either party thereof to the other.
IN WITNESS vrnEREOF, the parties hereto have set their hands
and seals the day and year first above written.
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STATE OF CALIFORNIA
DEPARTI'.ENT OF PUBLIC HORKS
DIVISION OF HIGhl1AYS
J. A. LEGARRA
STATE HIGHHAY ENGINEER
CITY OF GILROY
~ ~ ~-'
" /. 'i /
By~/ a~j{.&t."c. ' , , >!',,, -c'
layor
By
12{/Mi,L
Deputy District)ngineer
......21-11
Attest
x%f;;:;;;/y
, c;r"
Approve.~ as to Form and
Procedure:
J/?{,{ e"C
Ci\ty Attorney
"
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/' / ' \ ,{/ ct:h
c L .'~ r-
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RESOLUTION NO. 1564
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF
APPROVING AGREEf1ENT FOR MAINTENANCE
GILROY
,.
OF
STATE HIGHWAY IN THE CITY OF GILROY
\v.HEREAS, the State of California, through its Department of
Public Works, Division of Highways, has presented an Agreement for
Maintenance of the State Highway in the City of Gilroy
effective as of
February 26
, 19~ and to remain in
effect until amended or terminated.
vlliEREAS, the City 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 Gilroy
that said Agreement for Maintenance of
the State Highway in the City is hereby approved and the Mayor and
the City Clerk are directed to sign the same on behalf of said
City.
ADOPTED this
day of
Apri 1
, 19.1..L-
20th
151 NORMAN B. GOODRICH
Mayor of the City of Gilroy
Attest: fsl SUSANNE E. STEINMETZ
City lerk of the City of Gilroy
I hereby certify that the foregoing resolution was duly and
\
regularly passed by the City Council of the City of
adjourned
at a regular/meeting thereof held Apri 1 20
Gilroy
, 19-Z.L.
1f6
/1
.ZJ f/i""H:;X,':'~,
of Gilroy
/
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