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HomeMy WebLinkAboutContracts & Agreements_10-1964AGRE&1 E1;T FOR MAINT E'dAINCE OF STATE iHIGI-iI',FAY Ii1i THE, CITY OF REDLANDS THIS AGREEMENT, made and executed in duplicate this 1st day of July , 19 64, by and between the. Department of Public Works of the State of California, acting by and through the Division of Highways, hereinafter called the "Department" and the City of Redlands , hereinafter referred to as "City",. W I T N E S S E T H: 1. RECITALS: , The parties desire to provide for the maintenance of State highway routes within the city.as provided in Section 130 of the Streets and Highways Code, and to arrange herein for the parti- cular 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. ACRE E ENT : This Agreement shall supersede all previous Agreements and Amendments 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 specifically delegated to it and the Department will perform those particular functions of maintenance not otherwise assigned to the City on the State highway routes or portions thereof all as hereinafter de- scribed under Section 21 and 22 hereof or as said sections may be subsequently modified with the consent of the parties hereto actin; by and through their authorized representative. 3. 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 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 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. 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." I. DEGREE OF MAINTENANCE: The degree or extent of maintenance work to be performed and the standards therefor 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 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 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 s: ':iat [.c}: . 1t:A` Lhe Stage, the Department, nor any officer or employoe 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 Coda Section 895.4o 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 jurisdiction 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 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 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. b. HIGHWAY, as used herein, refers to the whole right-of-way which is secured or reserved to use in the construction and maintenance of the roadbed and roadsides as hereinafter described. —3— l 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 excluding drainage structures or waterways. 9. UNIMPROVED ROADSIDES relates to the area between the roadbed and right-of-way boundary wherein curbs and sidewalks do not exist. 10. CITHBS relates to a timber or a masonry structure separating; 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, refers to structures of a span of more than twenty feet (201) measured under the copings along the centerline of the street and multiple span structures where the individual spans are in excess of ten feet (108) measured from center to oenter of supports along the oenterline of the street. 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 11 rail, median barriers , curbs and sidewalks a 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 orn«3 ental plantings , and upkeep and operation of traffic service devices , all as hereinafter specified. Maintenance of landscaped areas or °they prnamental plant- ings will be performed and paid for by the Department. The Department will not, however, perform the work or pay for the upkeep and care of grounds or facilities used as a public park. 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 author. iced 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 oing onto the roadbed from the action of traffio or from natural causes. The Department will not under- t nor pay for picking up or disposing of rgbbish or debris swept into or otherwise placed on the highway fr.. abutting property. The extent of sweeping and cleaning on the State highways shall not be greater than customarily done on comparable city streets. Maintenance work to be performed within the area designated as Improved Roadsides shah include the removal of dirt and litter as referred to above and such sidewalk inspection and action towards repair of sidewalks v 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 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 worke Maintenance of warning and regulatory signsg traffic control devices, and highway lighting facilities as hereinafter referred to shall include upkeep and repair of the supportso as well as such other items which are an integral part of the installation, Care of landscaped areas, ornamental plantings, trees., and road signs, and the upkeep and operation of traffic signals and hi,qhwa.y 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 129 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 inspection of each bridge by qualified personnel and immediate repair of the minor defects when the cost does not exceed 3300. The District Engineer shall be irnnedi.atel.y notified of major defects as are M hereinafter definFde Fridge repair work costing in excess of .'�300 on a single structure shall he 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 he recommended by the Departments 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 specifications adopted by the Department, or as otherwise specifically authorized by the Department. Positioning of such signs shall conform to standards adopted by the Depart- ment. 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 STRIPE AND PAVEMENT MARKINGS shall conform to the Standards established by the Department® Except for the red "No Parking" zones at the approach to and skit from intersections controlled by traffic signals, the Department will not pay for curb painting or parking limes as may otherwise be required for the regulation of parking® The cost of maintaining pedestrian crosswalks at inter- sections shall be shared between the Department and City in the same ratio as the number of intersecting roads or streets under -7- jurisdiction of the respective a=,-,3n 'es bears to the totel rump, r of intersecting City Streets, State Highways and County fioads 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® 16. TRAFFIC SIGNALS, FLASHERS OR OTHER EL'ECTRICALLY 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 manner specified for crosswalks under Section 15. 17. HIGHWAY LIGHTING: The Department will not pay for the maintenance, installation, repair, servicing, nor power for el.ectrow tiers 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 when 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 intersecting streets to the intersection in the sane Manner specified for pedestrian crosswalks under Section 15. 18. TRAFFIC CONTROL DEVICES AND HIGHWAY LIGHTING FACILITI'�'S as defined under paragraphs 16 and 17 above, which are installed subsequent to the execution of this Agreement, shall become subject to the terms and conditions of this Agreement upon notice to the _t City from the Department of the completion of any such installation. PERMITS 19. 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 22 of the Agreement. Permits shall be issued on a form provided by the Department and the City will furnish a eopy of each permit to the Department. The City agrees to follow such general State policies regarding encroachments 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, commercial driveway, or other major encroachment within the highway rightaof-way. No sign or marquee shall be permitted to be installed within or project beyond the curb line or theoretical curb line, and no sign of any kind except warning sigma 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 restrictive regulations in the granting or refusing of permits with respect -9- 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 permitees in such cases as fees or charges are :Wade 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 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 out in the Department's Maintenance Manual of Instructions in effect at the time such permits are issued, includings specifically, limitations upon the crossing of bridges and overcrossings detailed in Section 26.63 and Plate 118 thereof. -10® 21. ROUTE DESCRIPTION ROUTE LENGTH NO. MILES DESCRIPTION OF ROUTING 10 5.62 Freeway,from west city limit at Mountain View Avenue to city limit line 200 feet east of Mountain View Avenue, a length of approximately 0.04 mile for this portion,, of which half width lies within the city, and from west city limit 1,950 feet west of Alabama Street to east city limit at Wabash Avenue, a length of approxi- mately 5.35 miles for this portion, of which half width from 1,950 feet west of Alabama Street to 1,350 feet east of Alabama Street, approximately 0.63 mile, lies within the city; also a stub: Ocean to Ocean Highway, from Morrison Street to Freeway, a length of approximately 0.23 mile for this portion; a total length of approxi- mately 5.62 males. 38 3.26 Lugonia Avenue from Orange Avenue to east city limits at Wabash Street, a length of approximately 2.50 miles; also, Mill Creek Road from city limits two miles east of Wabash Street at Amethyst Street to city limits 0.16 miles east of Amethyst Street; a length of approximately 0.16 miles; also, from city limits 2.30 miles east of Amethyst Street to city limits 2.89 east of Amethyst Street, a length of approximately 0.59 miles; also from city limits 3.14 miles east of Amethys! to city limits 3.15 miles east of. Amethyst, a length of approximately 0.01 miles, a total length of approxi- mately 3.26 miles. -11- 21. ROUTE DESCRIPTION (Cont'd) ROUTE LENGTH NO. MILES DESCRIPTION OF ROUTING 106 2.53 Orange Street from the north city limits near Santa Ana River to city limits 600 feet south of north city limits, a length of approximately 0.12 miles; also, Orange Street from the east city limits at the east pro- jection of Domestic Avenue to Route 10, a length of approximately 1.64 miles; also, Colton Avenue from Calhoun Street to Sixth Street, and Sixth Street from Colton Avenue to Route 10 eastbound on -ramp, a length of approximately 0.55 miles; also, Pearl Avenue from First Street to Orange Street, a length of approxi- mately 0.22 miles, a total length of 2.53 miles. -11-a 22. DELEGATION OF MAINTENANCE: The maintenance work to be performed by City and/or Department shall conform to the provisions hereof and shall include those operations as hereinafter indicated: Item MAINTENANCE FUNCTION No. Roadbed............. 1 (Improved Roadside... {Unimproved Roadside. 2 Bridges and Culverts Guide Signs......... Warning (Regulatory Signs.... 3 (Traffic Stripe...... (Pavement Markings... Traffic Signals..... Highway Lighting.... Guard Rail......e... Median Barriers..... 4 Sweeping do Cleaning 5* Landscaped Areas.... {Tre��$...•.e..oe.oe•e 6 Curbs and Sidewalks.e ISSUANCE OF PERMITS 10 38. 106 A V4 W ca U A v A x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x (1) x (2) x x x x x x x x x x ri 0j 0 A (3 )I 1 (4) Encroae.'hii1ent.. • • .... e LX x X Trans ortatio ..• x X x When and as specifical 1y authorized by the District Engineer as provided under Section 13 hereof. 1} Length of street to be cleaned 0.00 Curb milese 2 it fl x e itw V " -12- 23. EXPENDI`IURE AUTHORIZATION: The Department will reimburse City for actual cost of all maintenance work performed by City as delegated under Section 22, but it 'is agreed that .during any fiscal year, the maximum expenditure per mile on any route shall not exceed the mount as shown on page 14 hereof (of the Agreement), unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for. The expenditure Per mile for routine Maintenance work as referred to above may be increased or decreased or an additional expenditure for specific projects may be made when such specific work or adjustment of expenditure for routine maintenance is specifically authorized in writing by the State Highway Engineer or his authorized. representative® 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 mile as hereinafter specified. An adjustment of the maximum expenditure shown on page 14 hereof (of the Agreement),, either Increase or decrease, shall not affect other terms of the Agreement -13- ROUTE NO. LENGTH MILES 10 5.62 38 3.26 106 2.53 MAXIMUM EXPENDITURE PER MILE 0.00 450.00 450.00 -14- 2Lt. SUBI-IISSION OF BI:.LS: The City shall submit bills rq- nt'l for the cork performed. Equipt shall be charged at-;,ut-lallr men acceptable rental rates and Labor and material at actual. cost. Not to exceed fifteen per cent may be added to the actual cost of equipment, materials and labor to cover overhead costs. 25. TERM OF AGREEMENT: This Agreement shall become effective July 1, 1964 and shall remain in full force and effect until amended or terminated. The Agreement as above may be amended or terminated at any t'me upon mutual consent of the parties thereto or upon thirty days' notice by either party thereof to the other. IN WITNESS W11EREOF0 the parties hereto have set their hands and seals the day and year first above written, Approval recommended: District Engine r e\:,-I, Z,24�mz!z_ , Maance Engineer Approved as to form and procedure: Attorney Department of Public Works City Attorney By CITY OF rG_J�� lf,)n il -2z Mayor City erk STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION -OF HIGH1dAYS J. C. WOMACK STATE HIGHWAY ENGINEER -15- .ty' state ilghway Engineer JUL 3 1964 RESOLUTION 0. �39g -- RESOLUTION Or THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF REDLANDS WHEREAS, the State of California, through its Department o." Public Works, Division of Highways, has presented an Agreement for Maintenance of the State highway in the City of Redlands effective as of Jul-T 1, 1964 and to remain in effect until amended or terminated. 'r[H REAS, 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 Redlands 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 _ „ %"a/ day of , 19 1� . Mayor of the City of Attest: I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of a2��.d_�� ^ at a regular meeting thereof heldzd� (7)1. Clerk of0the ity I CITY OF SchL :1-11e of ,'; tUW ori.zed Sweeping on State Highways, .rXfcctivc July 1, 1,64 Curb Niles Number of Yearly Ai-iiount 1ko-Lit e Per S,1� ep.LnE Swc.1 in js 11aximum 106 Pearl Avenue from First Street 3 Per Week 171.60 to Oran--c Street Oran[;o Street from Pearl .23 3 Per Week 89.70 Avenue to Colton Avenue Colton Avenue from Calhoun 1.06 3 Per Week 413.40 Street to Sixth Street Si-XG11 from Colton .22 3 Per fleck 85.80 Avenue to Sixth Street on ramp Oran;;c Street from Colton 1,50 3 Per sleek 585.00 Avenue -to Pennsylvania Avenue Orange Street from Pennsylvania .25 1 Per Nonth 7.50 Avenue to San Bernardino Avenue (east side only) 3.70 Total 3 353.00 AveraGe Per Month 112.75 38 Lu C,,onia Avoniie from Oranr;e Sta•cet -to er"s-t; c:i t"jr Iiilits 5.00 1 Per l.'Ionth 150.00 Avcra-o Per I• onth ib 12.50 i;Cil:' ;; w :;e� _�t.=� ;, incIn in T)i.ck up :I-ervi-ce, not to c:�--cecd "P.50 per curb nli-le Aciu:-'.1 cost only to o ch;_u"c--od.