HomeMy WebLinkAbout75-67CITY OF
RESOLUTION NO. ~
'~ ~ ~ CITY COUNCIL OF THE
RESOLUTION n~ T~ (~ ~ ~ ~ ~ ~
UKI=H APPXOVING AGREE~ FOR ~I~ENANCE
OF
STATE HIGHWAY IN THE CITY OF UKI~H
WHEREAS, the State of California, through its Department of
Transportation has presented an Agreement for Maintenance of the
State highway in the City of .l Ukiah
effective as of
, .~ay 7, 1975
,
and to remain in effect until amended
or terminated.
WHEREAS, 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 Uki~h
·
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_. 7~_h day of M~y , 19 7_~
/~~ ~ ~M~Y'°r .°Ithe'Cit~ ~{Ukiah 7
City Clerk of the City of Ukl~h
I hereby certify that the foregoing resolution was duly and
regularly passed by the City Council of the City of Ukiah
at a regular meeting thereof held //~~ ~
19~~
Clerk of the City of Ukia~'~
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AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY
OF UKIAH
THIS AGREEMENT, made and executed im duplicate this, _. 7th,
day of _Mav
, 19, ,7,5, by and between the Department of
Transportation, State of California, hereinafter called the
"Department" and the City of
·
referred to as "City".
Ukiah
hereinafter
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
maintenance functions 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 any previous AGREEMENT FOR
MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF UKIAH
and/or AMENDMENTS thereto with the City.
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
described under Sections 8 and 9 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 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, plantinting, illumination
equipment and other facility, in the safe and
usable condition to which it has been improved
or constructed, but does not include recon-
struction or other improvement.
devices, and ill~inating 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, da~_age 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 maintenance thereof, taking into considera-
tion 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 accordance with the
provisions of Section 27 of the Streets and Highways Code and
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the provisions of this Agreement as hereinafter specified or as
may be prescribed from time to ti~.e by the District Director.
"as used herein, means'~the District Director
"District Director,
of the Department of Transportation assigned t~-he territory
in which the city is located, or his authorized representative.
5. LEGAL R~JATIONS 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. .
~ · ~ ....~ ~d that
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 Cit½ 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 d~age or
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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 t~ 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 nmt
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~:
01 - ROADBED MAINTENANCE PROGRAM
This covers the maintenance required for the restoration and
repair of both the surface and base within the roadbed area. Road-
bed means that area of highway extending from curb line to curb line
or shoulder line to shoulder line.
03 - ROADSIDE MAIb~ENANCE PROGR;~
Roadside shall be described as that area between the roadbed
and the outer highway right of way boundary line. blaintenance of
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..
roadsid~ in~!~des ~ne ~tean~ng of m~!ve~ts~
channels and gutters: restoring side s!op'~'as, removal of dri,~ted
material, drift prevention, erosion control work, and. ma±nt:enanee
-.
of walls, cribs or bank protection facilities, ~arrd other roadside
facilities.
03a - SIDE~ALK AND CIIRB P[iIh~AN~
· Maintenance work to be performed within the area designated
as curb maintenance shall inctuda such sidewalk and curb inspection
and action ronsard repair of sidewalks: cUrbs and other-facilities.
as is necessary to keep them in a reasonably safe condition.
The City shall follow the same Policy and procedures generally
~u~=u by it ~-ith r~espect to City streets in the matuer of
requiring side~a!k repairs and control of vegetation to be made
by or at. the expense of abutting o~,mers who are under legal oblige-
tiOn to perform suc, h work.
04 - ROADWAY LITTER AaxD DEBRIS PROGKI;~I
This program includes all work concerning roadbed and road-
side 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 com. ing onto the roadbed from the action of traf-
fic or from natural causes. The Departm,.ent will not undertake nor
pay for picking uo or disposing of rubbish or debris swept into or
othe~,~-i=e o!aced o~ the h~,~=~ fro~o abutting The e:~
. _. ~ .....~ ,_ property, tent
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of sweeping~and cleaning on the State highways shall not be greater
than customarily done on comparable city streets.
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
vegetative material growing native within the non-landscaped high-
way 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 ....
~== maintenance
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 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.
06 - PAVEIMENT DELINEATION PROGRAM
The pavement delineation progr~ involves all work necessary
to maintain distinctive roadway markings on the traveled way.
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This i ~l ~ _
n~u__s layout, removal of old stripe, painting os existmog
s t?io,~ ~placa~.~nt a~M/oi- ~-~ ....
· n~i=~=zng cleaning of such ~-=~
_ mar~ and the use of tme~_oplastic,
.
tape or raised bars for pavement markings.
All work and materials shall confo~ to the Standards estab-
lished by the Depar~ent.
Except for the red "14o parking~' zones at the approach to and
exit from intersections controlled by traffic signals, the Dep~t-
ment will not pay for curb painting or parking lines as may
othe~vise be required for the regulation of parking.
The cost of maintaining pedestrian crosswalks at intersections
=Bn] ] b= shared bet~,~een the
....... ~=~nt and City in the s~me ratio
as the n~er of intersecting roads or streets under jurisdiction
of the respective agencies bears to the total n~er of intersec-
ting City Streets, State Highways and County Roads ~thin the
particular intersection; for exem. ple, a 50-50 basis will apply
to the regular cross street intersection wherein a County Road
07 - SiGi'f PROG~3i
The sign program iucludes all ~,~ork parroted on signs placed
or to b= placed~ on State H~on~s. ys for th~=,~ p~rpose oF_ v;arning~ or
.... o - ' ,',0_~. CO~.siqts O~C ~e
All signs shall conzo~-m to tn~ speczzicatzons adopted by
the Depa~..~nt or as other~..Tise specifically authorized by the
Department. Positioning of such signs shall confo~ to stan-
dards adopted by the Department.
Un~ess 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 Re~iatory Signs installed for the prohibition
or the regulation of parking.
08 - ELEC~IC~ PROG~M
This progr~ includes all maintenance work perfo~ed on high-
~,'ay eiecnrical facilities used to control traffic winh signal
systems, provide safety and sign lighting, generate standby power,
operate bridges, p~ps and automatic watering syst~s. In addi-
tion certain navigational lighting installed on bridges and bridge
fenders or piling are included in this progr~.
The Department will not pay for the maintenance, installation,
repair, servicing, nor power for ordinary street lighting;
however, lighting at intersections, when required for the safety
of persons using the streets, roadways or high~.;ays will be paid
for when app~'oved and specifically authorized by the District
Director Where such !'~ ' ~
. zo~%tzn~ has been specifically authOrized
shall be shared between the Department and ~h~u..= City on the basis of
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the number of intersecting streets to the intersection in the same
manner specified for pedestrian crosswalks under the 06 Progr~
Rbove.
The cost of maintaining.the 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 intersecting streets in the same manner specified for cross-
walks as described above.
09 - TRAFFIC SAFETY DEVICES PROGRAM'
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 walls; 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
State Highway right of way. Work includes watering, fertilizing,
plant replacement, weed control by hand and mechanical means,
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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 Departmmnt will not pay
for the maintenance of any landscaped areas, ornamental
plantings or trees installed by means of Encroachment
permits.
..
. 13 - BRIDGE A~I) PU~ ~Ih~ENAMCE PROGKAM
The Bridge and Pump Maintenance Program includes work
performed on all structures wP. ich provide for passage of high-
way 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, main-
tenance, 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 above will be investigated by a represen-
tative of the Department's bridge engineering staff once each year
and more often, if considered necessary. In addition to such
annual investigation, routine maintenance to be performed under
provisions of the Agreement shall include monthly inspection of
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each bridge by qualified personnel and im~ediate 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
structure shall be considered as being a ma-jor 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 encroachment
permits..
ENCROACHMENT PERMITS
When authority to issue Encroachment Permits is delegated
to the City, the authority shall pertain to all parts of the high-
way 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 encroacb~nents as specified by the
District Engineer.
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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 drive-
way, 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 mar-
quees 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 Stats 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
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respect to collecting costs from permittees in such cases as
~ ~,~.~. an City
fees or charges are made by the City for si~_i!ar
streets. Any amonu, ut so collected by the City ~_th respect to
any State highway shall be credited against thence, barges mad=_ by
the City for such work.
·
TRANSPORTATION PEE_MITS ·
Transportation permits ~!t be required for all vehicles
and their loads which exceed the limitations specified
Divisio= 15 of the California V~',uicle Code. Where antb_o:i~y to
issue Transportation Pernnits is de!egats8 to the City, such~
authority shall .pertain only to travel tha~ originates and
terminates within the corporate lie?its and it shall not apply
to through haul transportation.
In issuing such permits, the City Shall follow the policies~
and re,malarious established by the Depa=tment ~or t~he isa~nce
of transportation permits aa set forth in the Department's
Maintenance Manual in effect at ti~e time such permiEs aze issued,
including, specifica!ly~ lim~itations upon the crossing of bridges
and overcroszings detailed therein.
7. GE~ GUiDES'
Maintenance of warning and regulatory signs= traffic contr_ol
devices ~ and highway 1~ ~M~i~,_g =
_0_._ ~_aci!itie~ as he,_-eimbefoze re~_erred
to shall include upkeep and repair of the support~ as well as
s,_'zh other ite~.~._s ~,,5_ich ara an iuUegra! part of the installation.
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Those facilities as defined under programs 06, 07, 08, and
09 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 com-
pletion of any such installation.
8. ROUTE DESCRIPTION
ROUTE LENGTH
iNO;~ _ ,M,i~ES DES, CR!PTi, pN ..... OF ROUTING
222 0.2b,..
F~om the intersection of
South State Street 'and
Talmage Rd.~ Easterly to
the Westerly side of the
Northwest Pacific Rail-
road tracks.
19 Signal Units
3 Lighting Units
City and Department to share in cost
of operation and ~ormal m~intenance
as set forth in Exhibit "A" attached.
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9. DELEGATION OF MAINTENANCE
The delegation of maintenance set forth herein does not include
areas and functions of which the control and maintenance rest with
the local authority under the terms of Freeway Agreements and/or
Freeway Maintenance Agreements:
ITEM MAINTENANCE
_ _NO_. F .UNCTION ..........................
AGENCY TO PERFORM WORK
01 Roadbed Maintenance
03 Roadside Maintenance
03a Curb Maintenance
04 Roadside Litter &
Debris
05 Vegetation Control
06 Pavement Delineation
07 Signs
08 Electrical
09 Traffic Safety Devices
12 Landscaping
13 Bridges & Pump Maint.
15 Permits
Total Authorized
ROUTE NO. 222 ROUTE NO. ROUTE NO.
Illl II I I' I I [ I I I ' I I I J I I
0.2~ MILEs MILES MILES
ii Il I I I IL Il I I Il I q , 11 I I I I I _l I · II I I J I IIll I
~ ~ AMOUNT AMO U~r AMO
~ ~ AUTHORIZET ~ ~ AUTHORIZED
L ~ ~ o ~ o ~ AUTHORIZEI
,~, ,,,, , , ~ , ~, , ,~ , ~ ,
-
X
-- il J , , , [ , il i ,i i il ,,,
i iu i i i ..... m ...... i i . . . _ i ......
,ill, , ], 1, , . ,. , ,, ,,
x 7oo.oo
·
X
X
......
[,,. 7oo.oo
,
(1) Length of street to be cleaned
(2) Length of street to be cleaned
(3) Le.~=~=th of street to be cleaned
curb milea.
curb miles.
curb mil es.
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10. EXPEND ITURE AI~HORIZAT IO~Y:
The Department will reimburse the City for actual cost of all
maintenance work performed by City as delegated under Section 9
of this agreement, but it is agreed that do. ring any fiscal year,
the max~ expenditure on any route shall not exceed the amount
as shown on page 15 of this Agreement, unless such expenditure
is revised by an amended Agreement or otherwise adjusted or
modified as hereinafter provided for.
The expenditn~ve per route for routine maintenance work as
refer~ed to above may be increased or decreased, redistributed
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 represen-
tative. 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 ~...~s
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 route as hereinafter
soecified. An adjustment of the said maximum expenditure, either
increase or decrease, shall not affect other terms of the Agree-
raent.
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!1 SUBMISSION
The City shall subm. it loil!s semi-annually, provided, however,
\
that no bill for less than $500 shall be submitted, except once
each fiscal year. Equipment shall be charged at mutually accep-
table rental rates and labor and material at actual cost. 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 costs included shall not have these above mentioned
charges added again. An actual handling charge for processing this
type of bill will be allowed the City. Bills submitted to'the
City for work performed by the Depart~nent under Programs 06, 07,
and 09 of this Agreement will also include overhead and adminis-
trative costs in accordance with the State Administrative Manual.
12. TERM OF AGREEMEN~f:
This Agreement shall become effective ~~A . ~. ~-~~--~
and shall re~..ain in full force and effect until am. ended or ter~.~.inated.
The Agreement as above may be amended or terminated at any
time upon mutual consent of the parties thereto. ~his Agreem4ent
:
may also be' terminated by either party upon thirty days' 'notice
to. the other party.
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!~ ~,,71Tb~SS %.,CHEREOF, the parties hereto have sat their
hands ap4d seals ~e day and y~er first abov~
CITY OF U~
BY~°r /- -
C~ty Clerk
Approved as to form and
procedure-
STATE OF CALIFORNIA
DEPARTP~5~ OF TRANSPORTATION
Howard C. Ul!rich
DIRECTOR
C~t~ Attorney
District Director
INTERSECTION SIGNALS t LIGHTING SHARE SHARE Cost/Mo.
,, ,, , ,, - ....,' ..... ,. , ,' ' , ........... .... ; 7 ~, ' '" . , . ' ,, ' " - ~ ·
.... 8.o0
Street - , ........
, ....
Ta!mage Rd./ So,' State 3 33 1/3 66 2/3 ~6.00
Streot
, ,, . r-~,,, , , ,,,, ,, ,.,
, ~, · , ......
· ..... , ,, , , ,, , ., , , , , , . ,, ,,
, ,,. ~,,, , ,
....... . , , .... , t. , , ', "' ...... ' '
......
..... · .~_