HomeMy WebLinkAboutCalifornia, State of; 1964-07-01; Freeway.AGREEMENT FOR MAINTENANCE OP STATE HIGHWAY* •;
IN THE CITY OF CARLSBAD
THIS AGREEMENT, made and executed in duplicate this
rr. day of ^u/i 19y . 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 CARLSBAD , hereinafter referred1
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to as "City".
WITNESSETH:
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 to specify the
terms and conditions under which such work will be performed.
2. AGREEMENT: 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
. • • • x • '
those particular functions of maintenance not otherwise assigned
to the City on the State highway routes or portions thereof all
as hereinafter described under Section 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 represent*-
atlve. •''••'••.'•
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 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.
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 monies available therefor."
4. DEGREE OF MAINTENANCE: The degree or extent of maintenance
work to be performed and the standards therefor shall be in accord-
ance 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 Assistant State
Highway Engineer or District 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.
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t " 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.^> 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.^ 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. 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.
.•
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,
ding 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 _au.rbs and-sidewalks-
do not exist.
10. CURBS 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 (10') measured from
center to center of supports along the centerline of the street.
All other cross drainage structures will be classified as
culverts.
ROUTINE MAINTENANCE
13. ROUTINE MAINTENANCE to be performed on the roedbed or road-
sides 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 roadside vegetation,
care of landscaped areas, trees or other ornamental plantings, -a-nd.
and upkeep and operation of traffic service devices, all as
hereinafter specified.
- Maintenance of landscaped areas or other ornamental
plantings 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-
ized 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 undertake 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 comparable city streets.
Maintenance work to be performed within the area designated
as Improved Roadsides shall include the removal of dirt and litter
as referred to above and such sidewalk inspection and action to-
wards 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 of requiring sidewalk
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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 signd,, traffic
control 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
installation.
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 inspection of each bridge by qualified
personnel and immediate repair of the minor defects when the
cost does not exceed $300. The District Engineer
shall be immediately notified of major defects as are hereinafter
defined.
Bridge repair work costing in excess of $300 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 specific-
ations 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 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 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 inter-
sections 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.
16. TRAFFIC SIGNALS, FLASHERS OR OTHER ELECTRICALLY OPERATED
TRAFFIC CONTROL DEVICES: The cost of maintaining and operating
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traffic -signal's, 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
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 when approved .and
specifically authorized by the District Engineer.
Where such lighting has been specifically authorized at an inter-
section, 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 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
subject to the terms and conditions of this Agreement upon notice
to the 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
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furnish .a copy 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 shal.1
be handled by the. City without approval, but, prior approval af 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 right-of-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 signs at railroad crossing shall
be permitted to be suspended over the roadway. Marquees or signs
extending over the sidewalk areas 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
to any State highway.
The Department will pay for the cost of inspection of
such signs, marquees, and other encroachments as a part of maint-
enance, 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
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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 Calii'ornia
Vehicle Code. Where authority to issue Transporation 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
Maintenanc e Manual of Instructions in effect at the time such
permits are issued, including, specifically, limitations upon
the crossing of bridges and overcrossings detailed in Section
26.63 and Plate 13.8 thereof.
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21. ROUTE DESCRIPTION:
Route
No.
•Length
• Miles Description of Routing
6,22 San Diego Freeway from south city
limits at approximately 0.20 mile
south of Ponto separation to north
city limits at south city limits of
Oceanside, a length of approximately6.22 miles*
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DELEGATION OP MAINTENANCE: The maintenance work to be per-
formed by City and/or Department shall conform to the provisions
hereof and shall include those operations as hereinafter indicated:'
— -
Item Maintenance
No. ' Function
1
2 I
3
!* I
*j
5-c
]
^Roadbed
'improved Roadside
, Unimproved Roa'dside
Bridges and Culverts
Guide Signs
Warning Signs
Regulatory Signs
Traffic Stripe
Pavement Markings '
Traffic Signals
Highway Lighting
Guard Rail
Median Barriers
Sweeping & Cleaning
Landscaped Areas
Trees
Jurbs and Sidewalks
CSSUANCE OP PERMITS
Encroachment
Transportation
Agency to Perform Work
Ste. Ho.
5
t>»•P•H
0
'»
4->
ft
a
X
X
x
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
t1)
Rte. NO.
>>4->•Ho
4->p,a
•
(2)
Rte. NO.
>>-pHo
-pfta)Q
(?)
Rte. NO,
t»•P
T\
O
4Jft
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* When and as specifically authorized by the Assistant State Highway
Engineer as provided under Section 13 hereof.
Length of street to be cleaned
Length-of street to be cleaned
Length of street to be cleaned
. Length of street to be cleaned
Curb Miles.
Curb Miles.
Curb Miles.
Curb Miles.
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/**"*•,
23. EXPENDITURE 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 amount as shown on page 14 hereof (of the Agree-
ment), unless such expenditure is revised by an amended Agree-
ment 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
expenditures shown on page 14 hereof (of the Agreement), either
increase or decrease, shall not affect other terms of the
Agreement .
o
Route Length
No. . Miles .. Maximum Expenditure Per Mile
6.22 None
24'. SUBMISSION OF BILLS: The City shall submit bills monthly
for-the work performed. Equipment shall be charged at mutually
acceptable rental rates and labor and material at actual cost.
Not to exceed fifteen percent may be added to the actual cost
of equipment, materials and labor to cover overhead costs.
25. TERM OP AGREEMENT: This Agreement shall become effective
JULY 1 , 19 64 , 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 or upon
thirty days' notice by either party thereof to the other.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written.
Approval recommended:
District \Englnver
Ma intenance Engineer
Approved as to form:-
Attorney
Department of Public Works
^^J4.^ fT City Clerk
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
J. C. WOMACK
State HighwajKEngineer
City Attorney Deputy State ^fighway Engineer
NOV161304
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