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HomeMy WebLinkAboutContracts & Agreements_29-1975_CCv0001.pdf g o NAL AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF REDLANDS THIS AGREEMENT, made and executed in duplicate this day of Zd7�/ by and between the Department of Transportati of the State of California, hereinafter called the "Department" and the City of Redlands, hereinafter referred to as 11city". WITNE S' S ETH: 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 particular maintenance functions to be performed by the City and those to be performed by the Department and eo specify the terms and conditions under which such work will be performed. 2. AGREEMENT: This Agreement shall supersede any previous AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF REDLANDS and/or AMENDMENTS thereto with the City. Inconsideration 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 perforin those parti- cular functions of maintenance not otherwise assigned to the City on the State highway routes or portions thereof all as hereinafter described under Sections 7 and 8 hereof or as . said sections may be subsequently modified with the consent of the parties hereto acting by and through their authorized representative. CRIGI', 3. '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 andHighwaysCode and the provisions of this Agreement as hereinafter specified or as may be prescribed from time to time by the District Director of Transportation. "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. 4. 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. It is understood and agreed that neither the State, the Depart- ment, 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 orinconnection 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 0T.1,1GINAL the bepartment 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, pur- suant 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. 5. MAINTENANCE FUNCTIONS: Certain maintenance functions may be delegated to the City as indicated under Section 8 of this Agreement. The City shall not perform any of these maintenance functions unless specifically delegated under said Section 8. The various maintenance functions or duties are defined and described by the following programs: 564 ROADWAY LITTER AND DEBRIS PROGRAM ,This program is for routine sweeping and shall be limited to the removal of dirt or litter normally coming into the roadbed from the action of traffic. The Department will not pay for the picking up or disposing of rubbish or debris swept into or otherwise placed on the highway from abutting property. The extent of sweeping on the highway will conform to the sweeping schedule attached to and made a part of this agree- ment. 568 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. 3 In addition certain navigational lighting installed on bridges ' and bridge fenders or piling are included in this program. The Department will not pay for the maintenance, installation, repair, servicing, nor power for ordinary street lighting; how- ever, 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 of Transportation. Where such lighting has been specifically authorized at an intersection, the maintenance and operating costs thereof shall be shared between the Depart- ment and the City on the basis of the number of intersecting streets to the intersection. The cost of maintaining and operating traffic signals and highway lighting 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 intersecting streets. 6. GENERAL GUIDES: Those facilities as defined under program 568, which are in- stalled subsequent to the execution of this Agreement, shall become subject to the terms and conditions of this Agreement upon notice to the City from the Department of the completion of any .such installation. 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. 4 Unless specifically authorized, the Department will not ORIGINAI maintain or pay for Regulatory Signs installed for the purpose of stopping traffic at pedestrian or school cross- ings nor the Regulatory Signs installed for the prohibition or the regulation of parking. 7. ROUTE DESCRIPTION ROUTE LENGTH DESCRIPTION OF ROUTING 30 0.75 Orange Street, from Pioneer Avenue to Lugonia Avenue 38 1.48 Orange Street, from Pearl Avenue to Lugonia Avenue; and Pearl Avenue, from Eureka Street to Orange Street; and 6th Street, from Colton Avenue to I-10 On- Ramp; and Colton Avenue, from 6th Street to Calhoun St. , I-10 WB On-Ramp. 8. DELEGATION OF MAINTENANCE The delegation of maintenance set forth herein does not include areas and functions of which the control and maintenance rests with the City under the terms of Free- way Agreements and/or Freeway Maintenance Agreements: .5 8. , DELEGATION OF MAINTENANCE (Continued) ITEM MAINTENANCE NO. FUNCTION AGENCY TO PERFORM WORK State Route State Route No. 30 No. 38 City Dept. City Dept. 561 Roadbed Maintenance X X 563 Roadside Maintenance X X 564 Sweeping X(a) X(a) 565 Vegetation Control X X 568 Electrical X X(b) X a - City to sweep as shown on the attached Sweeping Schedule, Page 6a . b City to maintain Lighting locations specified on Traffic Signal and Highway Lighting -Schedule II. . EXPENDITURE AUTHORIZATION The Department will reimburse the City for actual cost of all routine maintenance work performed by the City as delegated under Section 8. However, the State will only participate up to the maximum amount shown on the Sweeping Schedule for sweeping cost. It is agreed that during any fiscal year, the maximum expen- diture 'on any route shall not exceed the amount shown below: ROUTE MAXIMUM EXPENDITURE 30 $210.00 38 480.00 Sweeping Schedule ORIC. I Authorized Maximum Sweeping Effective July 1, 1975 ,CURB MILES NUMBER OF ROUTE LIMITS PER SWEEPING SWEEPINGS 30 Orange St. from Lugonia 1.50 2 per month Ave. to Pioneer Ave. 38 Orange St. from Pearl 1.23 2 per month Ave. to Lugonia Ave. Pearl Ave. from Eureka 0.45 2 per month Ave. to Orange St. Colton Ave. from Calhoun 1.06 2 per month St. to Sixth St. Sixth St. from Colton 0.22 2 per month Ave. to I-10 EB On-Ramp Sweeping, including pickup service, actual cost not to exceed $5.00 per curb mile per sweeping. Maximum Amount per Month: ROUTE LEVGTH FREQUENCY AMOUNT 30 1.50 2 $15.00 38 2.96 2 29.60 CRIGINAL 10. SUBMISSION OF BILLS The City shall submit bills monthly. The City will be allowed to recover overhead and 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 Department. Maintenance services provided by contract or on -a unit- rate basis with overhead cost included shall not have these above-mentioned charges added again. 11. TERM OF AGREEMENT This Agreement shall become effective July 1, 1975, and shall remain in full force and effect until amended or terminated. The Agreement may be amended or terminated at any time upon mutual consent of the parties thereto. This Agree- ment may also be terminated by either party upon thirty days' notice to the other party. ORIGIN IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF REDLANDS By P or Approved as to form and STATE OF CALIFORNIA procedure: UEPARTIENT OF TRANSPORTATION HOWARD C. ULLRICH DIRECTOR r _ By City Atto_ ,. Distract Director By Date zz