1964-0525_CALIF DIV OF HIGHWAYS_Agreement for Mainenanceil9 r
s,
• AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY
OF SA j, J1:AN CAPD �, Dt A310
THIS AGREEMENT, made.and executed in duplicate this �S G
day of �j,�, 19'e, 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
Sari Juan CapisUrano her-einafter 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. 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 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 acting
by and through their authorized representative.
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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
eachtype 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 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 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.
•
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• 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
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.
6. HIGIr4AY, 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.
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• 7. ROADBED means that portion of the roadway extending
from curb line to curb line or shoulder line to shoulder line.
4, IPIPROVED 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. 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 (101) 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 roadbed or
roadsides shall consist of such work as patching, crack sealing,
care of drainage, upkeep and repair of bridges, culverts, guard
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VII-Ora-3Jcp • 7-1-64
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 road-
side vegetation, care of landscaped areas, trees or other
ornamental plantinRe, and upkeep and operation of traffic service.
devices, all as hereinafter specified.
Maintenance of landscaped areas or othep 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-
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
0
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 under-
take nor pay for picking up or disposing of rpbbish 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.
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0 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 towards
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
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 signs, 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 lefects when the cost does not exceed $300. The District
• Engineer shall be immediately notified of major defects as are
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VII-Ora-SJCp 7-1-64
• hereinafter defined.
Bridge repair work costing in excess of >300 on a single
structure shall be,considered as being, a major repair project.
Except in the case of emergency$ such major repair projects
shall conform to the methods and procedure to be recommended
by the Department. Major bridge repair is not a routine
maintenance operation and will require specific authorization.
TRAFFIC SERVICE
140 •WARNING, AND REGULATORY SIGNS shall conform to the
specifications adopted by the Department, or as otherwise
specifically authorized by the Department. Positicr.:Irig 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 appro€eh. tc-
and exit from intersections controlled by tral`lc t'he
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
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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
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 electro-
liers 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 same manner specified for pedestrian crosswalks under Section 15.
18. TRAFFIC CONTROL DEVICES AND HIGHWAY LIGHTING FACILITIE'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
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VI1-Ora-SJCp 7-1-64
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 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 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 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 crossings shall be permitted
to be suspended over the roadway. Marquees or signs extending
over the sidewalk area shall conform to the alty'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
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VII-Ora-3JCp •
to any State highway.
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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 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.
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, including, specifically,
limitations upon the crossing of bridges and overcrossings detailed
in Section 26.63 and Plate 118 thereof.
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21. ROUTE DESCRIPTION
ROUTE LENGTH
NO. MILES
5
74
0
0
5.48
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DESCRIPTION OF ROUTING
SAN DIEGO FREEWAY from north city limits
approximately 1.34 miles north of the
centerline of Junipero Serra Underpass
to south city limit approximately 0.15
mile west of the centerline of Via
California, a length of approximately
5.48 miles.
1.86 ORTEGA HIGHWAY from the San Diego Free-
way, Route 5s to east city limit at the
southwest line of Rancho Mission Viejosa
length of approximately 1.86 miles.
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• 7-1-64
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:
AGENCY
TO PERFORM WORK
Item MAINTENANCE FUNCTION
.
No.
5
74
Com?
q
V q
U q U
q
(Roadbed .............
X
X
1 (Improved Roadside.,.
X
X
(Unimproved Roadside,
X
X
2 Bridges and Culverts
X
X
(Guide Signs....,.,,,
X
X
Signs.......
X
X
((Warning
Regulatory Signs...,
X
X
3 (Traffic Stripe......
X
X
(Pavement Markings...
X
X
Signals....,
X
X
Rraffic
ighway Lighting...,
X
X
• Guard Rail,.,.,.,,,,
X
X
Median Barriers..,,.
4 Sweeping & Cleaning
y
(1) x
(2) (3)
(4
5*(Landscaped Areas....
X
X
(Trees.............,,
6 Curbs and Sidewalks..
ISSUANCE OF PERMITS
T
' Encroachment.........
XI
X
* When and as specifically authorised by the District Engineer as
provided under Section 13 hereof,
jfl Length of street to be cleaned 0.00 Curb miles.
n n n n n w —077, n w
w R n R R n n w
(4; n w R n n R R w
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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 220 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 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 speciSied. 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.
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ROUTE NO.
• 5
74
40
n
U
• • 7-1-64
LENGTH MILES MAXIMUM EXPENDITURE PER MILE
5.48 $0.00
1.86 0.00
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• 7-1-64
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 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 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: CITY OF SAN JUAN CAPISTRANO
By
pu y s r c ng neer Mayor
a n enance Engineer CViy Clerk
0
Approved as to form
procedure_ /
VII - 369
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
P i J. C. WOMACK
STATE HIG#WAY GINEER
of Publi Works
By
e
Dertuty State g way ngineer
JUN 2 9 1964
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