OF RICHJviOND
THIS AGREEY.lENT, made e.nd executed in duplicate thj_s day of -------• 19 __ , by snd. betwaen
the Business ~md Transportation Agency of the State of C'9.11fornia, acting by and. through the Department of Transportation, herein after called the "Department" and the City of Hichmond
hereiP.after ref~rred to as "City".
W I T N E S S E T H:
1. RECITALS: The parties desire to provide for the ~aintenance of State highway routes within the City as provided in Section 130 of the Streets and Highways Code, and to arz~nge herein for the particular maintenance functions to be perrormed by the Gity and those to be performed by the Department and to specify the terma and conditions under which such work will be performed ..
2. AGREEMENT: This Agreement shall supersede any previous
AGREEFIIENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF RICH~IOND andjor 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 speci fically 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. -1-
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 convenience 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, struc
ture 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 Director. "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.
5. LEGAL RElATIONS AND RESPONSIBILITIES: Nothing in the provi sions 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 or anything done or omitted to be done by City under or in connection with any work, authority or juris diction 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 sa811 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 not 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:
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01 - ROADBED MAINTENANCE PROGRAM
This covers the maintenance required for the restoration and repair of both the surface and base within the roadbed area.
Roadbed means that area of highway extending from curb line to curb line or shoulder line to shoulder line.
03 - ROADSIDE MAINTENANCE PROGRAM
Roadside shall be described as that area between the roadbed and the outer highway right of way boundary line. Maintenance or roadside includes the cleaning of culverts, ditches, natural water channels and gutters, restoring side slopes, removal of drifted material, drift prevention, erosion control work, and maintenance of walls, cribs or bank protection facilities, sidewalks and curbs, and other roadside facilities.
04 - ROADWAY LITTER AND DEBRIS PROGRAM
This program includes all work concerning roadbed and roadside 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 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 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 compara ble city streets.
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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 vegetation material growing native within the non-landscaped highway 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 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 routtne 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 restrict ing, prohibiting or otherwise relieving the City of the respon sibility for inspection and upkeep of trees in a manner that will insure maximum safety to both vehicular and pedestrian traffic.
06 - PAVEMENT DELINEATION PROGRAM
The pavement delineation program involves all work necessary to maintain distinctive roadway markings on the travelled way.
This includes layout, removal of old stripe, painting of existing stripe, replacement andjor removal of raised pavement markers including cleaning of such markers and the use of thermoplastic, tape or raised bars for pavement markings. -5-
All work and materials 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 intersections 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.
07 - SIGN PROGRAM
The sign program includes all work performed on signs placed or to be placed, on State Highways for the purpose of warning, or regulating traffic. The work consists of replacement of existing signs and the repair, cleaning and painting of signs. · All 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 Department.
Unless specifically authorized, the Department will not main tain or pay for maintenance of Regulatory Signs installed for -6-
the purpose of stopping vehicular traffic at pedestrian or school crossings nor the Regulatory Signa installed for the prohibition or the regulation of parking.
08 - 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. 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, or power for 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 Director. 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 cross walks under the 06 Program above.
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 -7-
of intersecting streets in the same manner specified for cross walks as described above.
09 - TRAFFIC SAFETY DEVICES PROGRAM
Work performed under this program includes replacement of 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, ferti lizing, plant replacement, weed control by hand and mechanical means, 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 Department will not pay
for the maintenance of any landscaped areas, ornamental plantings or trees installed by means of Encroachment
Permits.
13 - BRIDGE AND PUMP MAINTENANCE PROGRAM
The Bridge and Pump Maintenance Program includes work performed -8-
on all structures which provide for passage of highway 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, mainteaance, 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 representa tive 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 each bridge by qualified personnel and immediate 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 struc ture 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.
15 - PERMITS
Provides for the processing and enforcement of transportation permits, and preliminary engineering and processing of encroach ment permits.
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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 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 encroachments as specified by the District Director.
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 driveway, or other major encroachment within the highway right of-way. No sign or marquee shall be permitted to be inatalled 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 signa and marquees than above set forth, nothing in these provisions shall be construed to prevent the City from enforcing such -10-
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 maintenance, 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 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.
TRAK3 PORTATION PERMITS: 'l'ransporta tion 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 'l'ransporta tion Permits as set forth in the Department •s Maintenance Manual in effect at the time such permits are issued, including, specifically, limitations upon the crossing of bridges and overcrossings detailed thereir;.
7. GENERAL GUIDES: Maintenance of warning and regulatory signs, traffic control devices, and highway lighting facilities as -11-
hereinbefore referred to shall include upkeep and repair of the supports, as well as such other items which are an integral part of the installation.
Maintenance work to be performed within the area designated as roadsides shall include 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 shall follow the same policy and procedure generally followed by it with respect to City streets 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.
Those facilities as defined under Programs 06, 07, oB,
and 09 above, which are installed subsequent to the execution of this Agreement, shall become subject to the terms and condi tions of this Agreement upon notice to the City from the Depart ment of the completion of any such installation.
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8. ?.OU'L'E DESCRIPTION
... -.
--.-:. -_
·,,.;-
ROUTE
NO.
l7(a)
l7(b)
80 .·.
. .
- ··. ' · .. -_. .-. . : ; -_ ..
. -;-
~ .-~.: -~ . -
•• •. ,,
·- __;.
-- , .. . ·. --
lE}IGTH
HITES
5.13 2.66.
:
,''"'- -. .--·- .-: .-.
. -- ·.· .. - .·
... ~. ;._ -. . ' .
. ·.·. _._
.. _.- . . . .-. · ...
-_· <".·
-~ . -~· .. ·'
. ·. .-
DESCRIPTIOll OF ROU'i'Il:G
Ql+-CC-Rich::-::~nd
July 15 1973
Hoffman Boulevc.rd from the so"Jth
city limits at the Alameda-Contra
Costa County Line to Cutting
Boulevard, alor~ Cutting Boulevard
.to Standard Avenue, along Standard
Avenue to Castro Street; a length
of 5.13 m.iles.
Richmond-San Rafael Bridge and
approaches from Castro Street to
Marin County Line; a length of
2_.66 miles.
Eastshore Free~:ay from south city
limits at Alameda-Contra Costa
. County Line to city limits 480 1
·south of Potrero Avenue Under
crossing; a length of 1.58 miles;
also, from city limits at Cutting
Boulevard Separation to city limits
at HcBryde Avenue Overcrossing; a
length of 1.79 miles; also, from
city limits at El Portal Drive
Undercrossing to north city limits
3,450 feet north of F~lltop Drive
Overcrossing; a length of 1.37 miles;
a total length of 4.74 miles.
- ··.t
.•
. .
r ·--
.. ;
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04-CC-Richmond
July 1, 1973
9. DELEGATION OF ~iAlh~z~NCE: The delegation of maintenance set forth herein does not include ar~as and functions of which the control and maintenance rest ;dth the local authority under the terms of Froe\1ay Agreements and/or Freeway Fl.aintell!lnce Agreements :
ITEM
NO.
566
567
568
569
572
573
575
PJ.AINI'ENA f.."'CE
FUNCTION AGENCY '!'0 PEPFOR'1 1.WHK
-u ._,, ~- tt-=- =-
Route llo. Route No. Route l~o. Route No.I
17(a) 17(b) So
• •
li
• •
li ~
~·
~ ~ £; +> ....,
8 '" ~ '" ~I
.,.;
~
.,.;
C) C) C) C)
Roadbed Maintenance X X X
Roadside Maintenance X X X
Rdwy Litter & Debris X ( 1) X (2) X {3) (4
Vegetation Control X X X
Pavement Delineation X X )~
Signa X X X
Electrical X X (5 X X
Traff'ic Sfty Devices X X X
Landscaping X X X
Bridge & Pump Maint. X. X X
ISSUANCE OF PERMITS
Encroachment X X X
Transportation X X X
1 Length of street to be cleaned Curb Miles.
2 " " " " " " --" "
3 " " " "
llfl n -~~ II
4 II n II
" "
II --II
"
5 Department will maintain lighting on State signal
circuits. City will maintain other approved safety
lighting.
--, Jr ---
10. EXPENDITURE AUTHORIZATION: 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 during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown on Page 16 of this Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for.
The expenditure per route for routine maintenance work
as referred to above may be increased or decreased, redistri buted 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 representative. 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 his authorized representative. Additional expenditures or adjust ment 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 specified. An adjustment of the said maximum expenditure, either increase or decrease, shall not affect other terms of the Agreement.
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ROUTE NO. LENGTH l>ULES
17(a) 5.13
lT(b) 2.66
80 4.74
..
~ft.X IMlJI.~
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04-CC-Richmond
J"uly 1, 1973
EXPENDITURE PER ROUTE
$ 500.00
0.00 0.00
11. SUBMISSION OF BILLS: The City shall submit bills monthly, provided, however, that no bill ror less than $100 shall be sub mitted, except once each quarter. Equip~ent shall be charged at mutually acceptable rental rates and labor and w.aterial at actual cost. The City will be allowed to recover overhead and admin istrative costs only to the extent that such charges :l.nclude applicable expenses incurred by the City in the execution of the work. Said factora 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 Department under Programs 06, · 07, 08 and 09 of this Agree ment will also include overhead and administrative costs in accordance with the State Administrative l'.anual.
12. TERM OF AGREEME!."'': This Agreement shall become effective July 1, 1973 , 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. This Agreement may also be terminated by either party upon thirty days' notice to the other party.
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IlJ WIT:!>.lESS WHBREOF, the parties herato have set their hands and seals the day and year fix~t above written.
S'l'ATE OF CALIFORNIA
BUSIN'?~S Af4D 1.Yf:U:i1"BPORrrATIOf~ AGEN"Cl
DEPAR.rff-2}::"1: OF Tft.\NSPOR."I' .. J:tTIO!~
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CITY OF RICHNOND
Approved as to Form and
Prc~cedure!
HESOLtJTION NO. 132-73
APPROv""ING AGHEEHENT FOR NHN'l'E?lANCE OJ? STATE HIGl-f\fAYS IN THE CITY Ol? :R.ICHi•lOlfl>
WHEREAS, the State .o:r· Californ:i.a 1 th~ou~;h its BUsiness in the City of Hlchmond effoc
Clty or Ri.chmonO. that sa:t.d
State HiglTVJays in th.o City
o:I"' said C:t ty ..
I cort:lf·~y tf'J.,:-~ t tt ... ;e fo:cE~.:-~·
tl"lt:J ccn:t~1c::iJ. of' tbo ty
l:J"l3.'t fol
Noes: None ..
Approved:
B. T. ANDE.li.SON
Approv<:;Q as to form:
JA!·!ES P. 0' DRAIN
hc:ld
1 HAHLI'iN J. EEYDON
( SE..I\. L)