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HomeMy WebLinkAboutState of California - 1975 Highway Maintenance Agreement A({F€EMEln~ POH HJ\IHTEEhNCg G:i" sri'ATE I-nGH\-U~ YS IN THE CITY Oll' o II. ROY _D_____,.~__..--.-.' ".___'___ 'rHIS AG:RB1WiENT, made and eX(~cut6d. :tn duplica to th:1,H 3rd day of March 1 19--L~ bJ 8nd b".;t'\'Jc;cn th,e Blmj_mHH~ ,~.:nd Tl~i::n3p((I.'t& t10n Agenc:::y 01' the S ta te of Californ:l,a ~ {l, c t -7 fIr.' b" <) ""'d th'I'!'''''~ -.t.. t-'\"'O n':'c 1)';, i"tl"t.r;, L"'" 0"" 'J..'-tl,"" ~~q p"I'"~,,;,; ,. j" 0"'. 1" ,~. '1"0 '0'j i'~ -", ......'....0 J u"A... J-Vy",b1':' ..,';'L .lJ~r-\."".,. lh"",t.t-t .L )...(,...L....),V....,,'-'-t..,. ~"~, Iv L:.....~J.. a.ftor called the "DapartmEH:.t Ii nnd tri0 City of Gilroif _,__..L-____..-_ hel'cin~ft('n.. referred to as "Ci'i;y It . \:1 I T N g SSE T H: 1. RECITALS: The p3.rties des ire to pl"Ov:tde for' tlK7 maintenn.ncc of State hi,gh\'iay route!3 wi thin the City ao provided :'tn Seet:Lon 130 of' th$ S tl'eets and H:tghl'-1SYS Code:, and to I1rrD,nge hG'.<(dn for the p~n:'t1cular' matntEmance functlorm 1:;0 be perforrnsd by the G:it:r and tho~~e to be t::<erformed by the D.;,p;:a"''cli'.2:nt and to specdf:v tY:.G oenr!.3 and conditions under which such \'ml"l:: Hill be perform.::d. 2. AGHEEi-lEN'll': This .4.gr2:cment shall Sup&I'i:1(;:de al1Y prevlou3 AGIlliL1:illNT FOil. f.1J~Il'JmRt.NCE Or? Sfj~A TE JlIGII1/1AYS III fIHE GI'l'Y 017 GILROY and/or A!~gnDr..~f,HrrS thereto \il t.h th0 Cl ty. In cons:tdel'D. tlon of the mutv.al covenants end promis0s herein contmincd; it if: ag'-'ced: 'l'he Clty will perform such maintene.nc:e ~wrk as is sp8c;i- fically delegated to ii;; and the D0pt1Ptm!)ut \'lill porf07.'lri those particular functions of maintenance not otheT.'l1i.~() assigned to the City on the State highlJay routes or portions thereof a.ll as hereinafter described under Sections 8 and 9 hereof or as said sections. may be subsequently roodfried with the' conserlt of the parties hereto acting bJT and through the:l1'" nuthorizcd J:'Gprcsenta ti va. -1- 3. MAINrEHANCE 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 oonstructed, but does not inolude reconstruction or other improvement. (b) Operation of special safety convenience 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, struc- ture 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." 4. DEGREE OF MAINTENANCE: The degree or extent of maintenance work to be performed and the standards therefor shall be in aocordance 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. 5. LEGAL RElATIONS AND RESPONSIBILITIES: Nothing in the provi- sions of this Agreement is intended to 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. -2- It is understood and agreed that neither the State, the Department, 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 the City under this Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895.4, City shall fully indemnify and hold State harmless from any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or juris- diction delegated to City under this Agreement. It is understood and agreed that neither City, nor any officer or employee thereof, is responsible for any damage or liability ocourring 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 under this Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895.4, Department shall fully indemnify and hold City harmless from any damage or liability occurring by reason of anything done or omitted to be done by Department under or in connection with any work, authority or jurisdiction not delegated to City under this Agreement. 6. MAINTENANCE FUNCTIONS: Certain maintenance functions may be delegated to the City as indicated under Section 9 of this Agreement. The City shall not perform any of these maintenance functions unless specifically delegated under said Section 9. The various maintenance functions or duties are defined and described by the following programs: -3- 01 - ROADBED MAINTENANCE PROGRAM This covers the maintenance required for the restoration and repair of both the surface and base within the roadbed area. Roadbed means tha t area of hlghway extending from curb line to curb line or shoulder line to shoulder line. 03 - ROADSIDE MAINTENANCE PROGRAM 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, sidewalks and curbs, and other roadside facilities. 04 - ROADWAY LITTER AND DEBRIS PROGRAM 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. 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 highways shall not be greater than customarily done on compara- ble city streets. -4- The sweeping activities covered in this program pertain to the sweeping of paved medians, curbed city street sections and curbed or rolled gutter types on other highways. 05 - VEGETATION CONTROL PROGRAM Vegetation control refers to the maintenance treatment of all vegetation material growing native within the non-landscaped highway rights of way. Included is treatment by chemical means and cutting and trimming by hand and mechanical means. Vegetation shall include brush and trees. Routine tree maintenance shall be limited to minor trimming as required to improve sight distance or 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 Department. The above, when delegated to the City, shall not be construed as restrict- ing, prohibiting or otherwise relieving the City of the respon- sibility for inspection and upkeep of trees in a manner that will insure maximum safety to both vehicular and pedestrian traffic. 06 - PAVEMENT DELINEATION PROGRAM The pavement delineation program involves all work necessary to maintain distinctive roadway markings on the travelled way. This includes layout, removal of old stripe, painting of existing stripe, replacement and/or removal of raised pavement markers including cleaning of such markers and the use of thermoplastic, tape or raised bars for pavement markings. -5- All work and materials shall conform to the Standards established by the Department. Except for the red IINo Parkingll 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 intersections shall be shared between the Department and City in the same ratio as the number of intersecting roads or streets under jurisdiction 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. 07 - SIGN PROGRAM The sign program includes all 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 signs. All signs shall conform to the specifications 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 main- tain or pay for maintenance of Regulatory Signs installed for -6- the purpose of stopping vehicular traffic at pedestrian or school crossings nor the Regulatory Signs installed for the prohibition or the regulation of parking. 08 - ELECTRICAL PROGRAM This program includes all maintenance work performed on highway electrical facilities used to control traffic with signal systems, provide safety and sign lighting, generate standby power, operate bridges, pumps and automatic watering systems. In addition, certain navigational lighting installed on brldges and bridge fenders or piling are included in this program. The Department will not pay for the maintenance, installation, repair, servicing, or power for ordinary street lighting; however, lighting at intersections, when required for the safety of persons using the streets, roadways or highways, 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 Department and the City on the basis of the number of intersecting streets to the intersection in the same manner specified for pedestrian cross- walks under the 06 Program above. 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 -7- of intersecting streets in the same manner specified for cross- walks as described above. 09 - TRAFFIC SAFETY DEVICES PROGRAM 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 concrete wallsj 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. 12 - LANDSCAPE PROGRAM This program refers to the treatment, maintenance and replace- ment of all vegetative material planted within the landscaped SLate Highway right of way. Work includes watering, ferti- lizing, 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. 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 prefix is used. The Department will not pay for the maintenance of any landscaped areas, ornamental plantings or trees installed by means of Encroachment Permits. 13 - BRIDGE AND PUMP MAINTENANCE PROGRAM The Bridge and Pump Maintenance Program includes work performed -8- on all structures which provide for passage of highway traffic over, through or under obstacles and/or qualify for bridge numbers as assigned by the Bridge Department. Work under this program consists of structure repair, maintenance, painting and cleaning, electro-mechanical equipment and sump pump maintenance, repair or cleaning. Storm inspection of sump pumps is also included in this program. Bridges, as defined abovel will be investigated by a representa- tive of the Department's bridge engineering staff once each year and more oftenl 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. Bridge repair work costing in excess of $500 on a single struc- ture 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 Department. Major bridge repair is not a routine maintenance operation and will require specific authorization. 15 - PERMITS Provides for the processing and enforcement of transportation permits, and preliminary engineering and processing of encroach- ment permits. -") - ENCROACHMENT PERMITS: When authority to issue Encroachment Permits is delegated to the City, the authority shall pertain to all parts of the highway throughout the particular length of streets indicated under Section 8 of this 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 encroachments as specified by the District Director. Routine permits shall be handled by the City without approval, but prior approval of the District Director shall be secured before any permit is issued for the original installation of any utility line, including underground utilities, commercial 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 of curb line, and no sign of any kind except warning signs at railroad 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 existing 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 -10- restrictive 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 colleoting 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. 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 Transportation Permits is delegated to the City, such authority shall pertain only to travel that originates 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 forth in the Department's Maintenance Manual in effect at the time such permits are issued, including, specifically, limitations upon the crossing of bridges and overcrossings detailed therein. 7. GENERAL GUIDES: Maintenance of warning and regulatory signs, traffic control devices, and highway lighting facilities as -11- hereinbefore referred to shall include upkeep and repair of the supports, as well as such other items which are an integral part of the installation. Maintenance work to be performed within the area designated as roadsides shall include 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 shall follow the same policy and procedure generally followed by it with respect to City 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. Those facilities as defined under Programs 06, 0'(, 08, and 09 above, which are installed subsequent to the execution of this Agreement, shall become Bubject to the terms and condi- tions of this Agreement upon notice to the City from the Depart- ment of the completion of any such installation. -12- 8. ROUTE DESCRIPTION RCm'.FS ~Ii9-~__ un!OTH It'll rES 101 1.15 , 101(a) 1.06 (to be re 1inq.) 152 2.60 04-SCI-Gilroy September 1, 1974 DESCRIPTION OF ROUTING Freeway from south city limits at the South Gilroy Overhead to city limits 1,300 feet north of Lucchessa Avenue Undererossing, a length of 0.40 mile; also freeway from city limits 110 feet north of the Route 152/101 Separation to city limits 690 feet south of Ronan Diversion Channel Bridge, a length of 0.13 mile; also, freeway from 2,100 feet north of the 6th Street Overcrossing to north city limits 160 feet north of r~avesley Road Undercrossing, a length of 0.62 mile; a total length of 1.15 miles. Monterey Street from south city IJmits lJ150 feet south of Iucchessa Avenue-Thomas Road to lOth Street, a length of 1.06 miles. First Street (Hecker Pass High\'laY) from 'liiest city limits 1,360 feet west of Morey Avenue to Monterey Street, a length of 1.76 miles; also, Monterey Street from First Street to Leavesley Road, a length of 0.34 mile; also, Leavesley Road from Honterey Street to Junction Route 101 freeway, a length of 0.50 mile, a total length of 2.60 miles. -13- lTEf.l NO. ~ 561 563 594 565 566 567 568 569 572 573 575 Ol~-SCI-G:i.ll'oy September 1) 197~ 9.. DELEGATION OF IfU'ln~TEHIUJCE: The do lega tion of maintenance set forth herein does not j.nclude areas and functions of \'1115-ch the control and maintenance res t \"ii tll the local author! t;y under the terms of Free\:laY AgremnentB and/or li'reeNay Ii.'iaintenance Agl'eem.cmta : Iq'A I N'TE 1m NeE FUNCfI'ION ~~~ AGENCY TO PERFOFlJ\1 HonK ccr.r~<:U~lt"".AIii"lt.~~~___~3i.~'J;'ar1>.~'JII,;ofl""~3;,.;s..~.:.:JI' Roadbed ~~intenance ROU:O~lO:- i:~:~( ~.')~~~'~Ji~~~?'~~:~::'l ,I ~ -f~ -~ JT,J" , = --'~T-~",~,'l j ti p .j..) Q, +..~ P ~.;.I p ! (1) t5. ~ 8 Ci ~ ~;l 81 ! xl' -"'Il.'-'~'.I-"""~i I , 4------,'-_.._.. X x (7)'_l_J I ( 3 \ lI~,0: ! 1 -1----' " , ! X I I I I; -- -I()l-'- 1..._ r"- x x. 61__~1 .. : LI_~+_I x'-' I---~I ,-. -[".'- x x (5) x x x Roadoide r:tainten~nce x I x --'- x (1) [x Ix (2) x Rd\'iY Litter & Debris Vegetation Control Pavement Delineation x -- x x x x x x x ( 6) . x x x x _.- --" j x x Signs Electrical Tl~rf1c Sfty Devices Lands ca ping Bridge & Pump Maint. ISSUANCE OF PE:RHrrS Encroachment Transporta tion x x x x ! lj Length of street to be cleaned Curb 2 II II II II II II .-11 3 II " II II' II II 5 0 00 II 4 II II II II II II II (5,6&7 )See Page llla for footnotes. - Hiles. II II II _,JI_ 04-SCI-Gi1roy September 1, 1974 (5) Department \'li11 issue permits for encroachments bet'.'leen curb lines. City will issue permits for encroachments bet\'leen curb line and rieht of way line of each side. (6) Department will maintain lights on State circuits. City \'1111 maintain other approved intersection Ii ghting. Department will participate in maintenance costs as provided in Program 08. (7) City will maintain Improved Roadsides only (curbs and sidewalks). -14a- 10. EXPENDITURE AUTHORIZATION: The Department will reimburse the City for actual cost of all maintenance work perfonned by City as delegated under Seotion 9 of this Agreement, but it 13 agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown on Page 16 of this Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for. The expenditure per route for routine maintenance work as referred to above may be increased or decreased, redistri- buted between routes, or additional expenditures for specific projects costing $5,000 or less may be made when such specific work or adjustment of expenditures for routine maintenance is authorized in writing by the District Director or his authorized representative. Expenditures for specific projects costing in excess of $5,000 may be made ~when such specific work is authorized in writing by the Director of the Department of Transportation or his authorized representative. Additional expenditures or adjust- ment 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. -15- Olt.-SCI-Gilroy September I, 1974 ROUTE NO. LENGTH r,ULES f4AXnTm~ ,EXPENDITURE PER ROUTE Effecti ve r'ebruaJ;'Y 2~~71 ~!2f~2.Qg)L}~~J.;1l::LU_1.J_12~Th 101 152 4.32 2.95 4~ 5 000 00 ill , . 1,200.00 Effecti ve ~Septembe:r lb-1974 101 101(a) (to be rel.) 152 1.15 1.06 2.60 $ 0.00 100000 "1,000.00 -16- 11. SUBr~SION OF BILLS: The City shall submit bills monthly, provided" however" tr.a t no bill for le8S than $100 shall be sub- mitted" except once each quarter. Equipment shall be charged at mutually acceptable rental rates and labor and wAterial at actual 008 t. The C:l ty \1111 be allo\'lod to reco~.rer overhead and adInin- 1atretive costs only to the e:Ktent~ that such charges include appJ.:i.cable expenses incurred by the City in the execution of the Horle. Said factors and method shall be Bubject to approval by the Department. f.Taintenance services provided by contract or on a unit-rate basis with overhead costs included shall not have these above-mel1t~.oned charges added aga:tn. An actual hand.ling charge for processing this type of bill \';ill be allo\'!ed the City. Bills submitted to the City for work performed by t~he Department under Program,s 06" 01" 08 and 09 of this Agree- ment will alao include overhead and ad~in1strative costs in accordance with the State Administrative pfunual. 12. TERr1 OF AGREENENT: 'fhis Agreement shall become effectIve September 1>> 1974 i and shall remain in full force and effect until amended or terminated. The Agreement as above may be amended or teTIn1r~ted at any time upon mutual consent of the parties thereto. rrhis Agreement may also be terminated by either party upon thirty days' notice to the other party. -17- IN WITNESS WlillREOFs the parties hereto have set their hands and seals the day and yea"r first above '\'lritten. STATE OF Cf~LIFORnIA BUSnmSS hND 'rR1-iJJSPORrfA'.~IOH AGENCY DEPAHTNEN1f orr 'l'HANSPOH.'I'A'l'ION CITY OF GfRO I( , .Ie , ~, t \ Pro tempore HOvlARD C. UJ.sLRICH DIHECTOR , / By. ~y j)(l\l~6..--.-_~ Deputy District Director Approved as to Form and Procedut~e : " , / ~' <;?,,'/(--- ~ , -:; ~ '/f./, a ,0 - ,--- /) '..)l Ui/ty ;",',.. ,4/r-,',} '/f. -~' - I', 1';l7 5 / -18- -- RESOLUTION !xU. 75-7 RESOLUTION OF THE CITY COUlfCIL OF THE CI~~ . OF GILROY APPROVING AGREEr.lliNT FOR ~jAINTENANCE OF STATE HIGHHAYS IN THE CITY OF GILROY WHEREAS, the State of Californ~a, through its Business and Transportation Agency, Department of Transportation, has presented an Agreement for r~aintenance of the State High,'myB tn the 01 by of Gilroy effective as of September 1 , 19 74 I and to remain in effect until amended or terminated. WHEF~~S, the City Council has heard read said Agreement in full and 1s 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 Highw~in the City is hereby approved and the ~ffiyor and the City Clerk are directed to sign the same on behalf of said City. ADOP'l~D this 3rd day of AYES: COUNCIL MEMBERS: DeBELL, HUGHAN1 P NOES: COUNCIL MEMBERS: None ABSENT:COUNCIl MEMBER: GOODRICH ' . ~n;rj~ l /,' ~ ayor / Protem'pore Attest: r;)a~4/nmJ;;- oJ!t~ .City blerk' J-. I hereby certify that the foregoing resolution \'las duly , 19 75 . STOUT and DUFFIN. and regularly passed by the City Council of the City of GJ.lroy March 3 at a regular meeting thereof held , 19 75 . njWJ(~?.'~~ City Clerk, ~ -19- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gitroy~ do hereby certify that the attached Resolution No. 75-7 Is an original reso 1 ut t on, du 1 y adopted ~y the Caune i 1 of the City of G it roy at a regu 1 a r meet i ng of sa I d Coune i I he 1 d Oil the .3.rd day of March , 19 12-, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 4t~ day of March , 19 75. 1 f.. ,f"/- / (() /1.1 f'n:y/ fl.} ,:-S/ { 1,1,.:,;(:" City Clerk of the City of Gilroy~~J... (/ ')