Agmt02 CalTrans Calif DOT (2) - Laserfiche WebLink

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(. .,M-IOI-KP 5.8/19.2 6. CITY shall maintain, at City's expense, all IMPROVEMENT improvements. 7. Should CITY desire to reconsttuct, modify and/or improve the PATH, not inducting typical maintenance activities described herein, CITY shall obtain all necessary design approvals and encroachment permits from STATE in advance of performing any work. 8. CITY shall notify BCDC in writing and get their concurrence before any major maintenance work is to be performed on the IMPROVEMENT ot PATH that would prevent use of the PATH for a long period of time. 9, To g~ant recycled water usage to STATE after completion of IMPROVEMENT and to allow said usage at STATE's discretion. Any negotiations on STATE's usage of CITY's recycle water regarding quantity of water used and reimbursement to CITY for usage and payment issues will be negotiated separately. C. MAINTENAxNCE DEFINED 1. Maintenance is defined in Section 27 of the Streets and Highway Code as follows: "(a) The preservation and keeping of the right of way, each type of roadway, structure, safety, convenience or device, planting, illumination equipment and other facility, in the safe and useable condition to which it has been improved or constructed, but does not include reconstruction or other improvement." "(b) Operation of special safety conveniences and dcw/ces. "(c) The special or emergency maintenance or repair necessitated By accidents or by storms or other weather conditions, slides, settlement or other unusual or unexpected damage to a roadway structure or facility." D. MAINTENANCE FUNCTIONS The various maintenance functions that are delegated to CITY at City's sole expense, within the described l/mits of the PATH as to the separate responsibil/fies of CITY are as follows: 1. PAVEMENT MAINTENANCE This includes all pavement maintenance, sweeping, and debris removal of the paved PATH surface when necessary to maintain a safe facility and ali necessary shoulder work adjacent to the PATH to avoid letting dirt shoulders to drop below the level of the PATH. 2. BICYCLE PATH STRUCTURES The maintenance, repair and replacement of the entire PATH structures, as shown in Exhibit (cross section exhibit) are the responsibility of CITY. 3. LITTERAND GRAFFITI CITY shall perform all maintenance operations necessary for PATH, at no cost to STATE, including but not limited to keeping it in a neat, dean, rideable condition, free of litter, debris, and graffiti. Litter, debris, and graffiti includes, but is not limited to, all sand, paper, garbage, refuse, trimmings, and other natural or man-made intrusions resulting from public access or acts of God. 2 ~ev 05/31/01