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HomeMy WebLinkAboutReso 1965-3832RESOLUTION NO. 3832 Foxm NQ. 342 J RESOLUTION OF THE. CITY COU~dCIL OF THE CITY OF CHULA VISTA APPROVING COOPERATIVE AGREEMENT BETWEEN THE CI^1Y OF CHULA VISTA AND THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS AND AUTIORIZING `iHE CITY Ei~IGINEER TO EXECUTE SAME The City Council of -~.he City of Chula Vista does hereby resolve as follows: That that certain. agreement between the City of Chula Vista, a municipal corporation, and the Department of Public Works, Division of Highways, .dated the day of o ~y ~ a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby apprcveu. B.~ IT FURTH_~R RESOLVED that the City Engineer of the City of Chula Vista be, .and he is Y?ereby authorized and directed to execute said agreement for and on behalf of -che City of Chula Vista. Presented by Lane Cole, .City Engineer Approved as to form by George D. indberg, City Att y -1- ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 24t~lay of August , 19 65 , by the following vote, to-wit: AYES: COUNCILMEN Sparling, McMains, McAllister, Anderson NAYES: COUNCILMEN None ABSENT: COUNCILMEN McCorquodale ~~ .~ Mayor of the City of Chula Vista / ..~L.•e--f ATTEST ~~ -~ ~ ~ `~'~~`'`- City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of - and that the same has not been amended or repealed. DATED: City Clerk CC 652 COOPERATIVE AGREEMENT CITY Or CNUTJA VISTA SS INTO. b5 11-SD-$05 PM b.49 v~o. o45~z 1 The DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS and 1 THE CTTY OF CHULA VISTA , Permittee under Division of Highways Encroachment Permit No. la_65-E-7b0,~7$ , dated August b, , 19 65 , authorizing work on State highway 11-SD-$05 PTA 6.49 , agree as follows: 1. All or a portion of the work authorized by said encroach- ment permit is to be performed in a portion of -said State highway which is included in the select system of said Permittee as estab- lished under Streets & Highways Code Section 186:3. 2. The work authorized to be performed by said encroachment permit which constitutes construction or rights of way within the meaning of Streets & Highways Code Sections 186.3 and 186.4 .shall, to the extent that it meets the engineering standards established pursuant to Streets & Highways Code Section 186.8, consist of the following: Construction of a portion of East t'J~4 Street on a temporary alignment: Earthwork, ?x~ A.C or? compacted native soil, A.C. Dike, and guide markers as shown on the plans for City of Chula Vista Select System Project No. b5. 3. Said Permittee shall furnish the Division of Highways with plans of the work specified in Section 2, hereof .prior to commencement of said work. 4. Said Permittee shall advise the Division of Highways of the completion of said work. THE ~jTY OF GHULA VISTA Dated : .~., ,~~-... ~..,~ ~'~.` ~ ~~ ,19~. By ~,~.~~°~..r~ ~'';-t ~_ DEPARTMENT OF PUBLIC WORKS, . DIVISION OF HIGHWAYS. Dated: !tu_~=~ ~ ,19 ~.~ By_ Ci J. E. RI LNG County Pro~eets Engineer -; i FORM P-202 REV. To S~AtEOf G1[IFpRN~• ~• a ~ ~ y3 -+ p o _ ran ~ ® ~ o~ ~ ~ p t O ~l~pWORKS •~~~\ City of Chula Civic Center Chula Vista,. STATE OF CALIFORNIA 1165-E-760 378 DEPARTMENT OF PUBLIC WORKS NO_________________________ ~ DIVISION OF HIGHWAYS 11-SD-805-6.49 East "J" Street) ENCROACHMENT PERMIT _____San__Diego _____, California Vista California Permittee J -------August--6~----------19 65 Incompliance with your request o f ____________________J__uly__ 29,_________________________19 65___ and subject to all the terms, .conditions and restrictions written. below or printed as general or special provisions on any part o f this f orm PERMISSION IS HEREBY GRANTED TO COtlStruCt East "J" Street, within the right of way on State Highway Route 805 at approximately Engineer's Station 364+50, as shown on the City of Chula Vista plan 65-1L and 65-2L dated 7-I6-65, known as Gas. Tax Project X65. During the construction of Route 805 this street will also serve as a detour for the proposed overcrossing in this area. A11 work, excavation, compaction, surfacing and provisions for drainage shall be satisfactory to the State Highway representa- tive and in accordance with the specifications of the City of Chula Vista. That portion of the work within State highway right of way shall be prosecuted to completion as rapidly as possible. Any changes in this order of work shall be approved by the State Highway rep- resentative. All grades, elevations, materials, warning and safety devices shall be satisfactory to the State Highway Engineer. In accordance with General Provision No. 4, the permittee shall notifq Assistant Construction Engineer John Lee of San Diego, telephone 297-4501, extension 240, three days prior to beginning work. This permit is to be strictly construed .and no work other than that sliecifically mentioned above is authorized hereby. (CONTINUED) This permit shall be void unless the work herein contemplated shall have been completed before--------------I~14Y~mbeY'---~~----------------1965, _ RDS:mh CC : SaCtO :Permits : J. Lee-2 : COt1St : DEPARTMENT OF PUBLIC WORKS J.Rising:City of Chula Vista DIVISION OF HIGHWAYS _, J. C. WOMACK $totr Hig/nvay Enginrer By ~ ,~ . L~~ ~..~ ------------ J~---DEKEMA----------------- H. B. WHITNALL, Dist. Maint. Engr. D1s1riN Gnginrrr ___ __- ~- . -~ GENERAL PROVISIONS 1. Definition. This permit is issued under Chapter 3 of Division 1 of the Streets and Highways Cade. The term encroach- . _ _ .-merit is•-used iw-this permit as defined in the said Chapter 3 of said code. Except as otherwise provided for public agencies and franchise _-;holders- this permit is revoc361e on five days notice. 2. Acceptance of Provisions. It is understood and agreed by the Permittee that. the doing of any work under this permit shall constitute an acceptance of the provisions. - 3. Nd Precedent Established. This permit is granted with the understanding that this action is not to be considered as establishing any precedent on the question of the expediency of permitting any certain kind of encroachment to be erected within right of way of State highways. 4. Notice Prior to Starting Work. Before starting work on which an inspector is required, or whenever stated on the face of this permit, the Permittee shall notify the District Engineer or other designated employee of the district in which the work is to be done. Such notice shall be given at least three days in advance of the dace work is to begin. S. Keep Permit ox the Work. This permit shall be kept at the site of the work and must be shown to any representative of the Grantor or any law enfprg_esnentofllcer on demand. ~ :-, - 6. Permits from Other Agencies. The party of parties to whom this permit is isdiser~~shall, wketievef the lime is-,requited by law, secure the written order or consent to any work hereunder from the Public Utilities Commission of the Scatr'of F.aliforni% or,!"atiy other. public board having.jurisdiction, and this permit shall be suspended in operation un~ess anrd•unti; such order. or,copgent u obtained. 7. Protection of Traffic. • Adequate provision shall be made for the pro`tecuon of the travelsng public.' Barrscades shall be placed with red lights at night, also flagmen employed, all as may be required by the particular work in progress. 8. Minimum Interference Witb Traffic. All work shall be planned and carried out so that there will be the least possible inconvenience to the traveling public eacept for the specific work permitted. 9. Storage of Material. No material shall be stored within eight (8) feet from the edge of pavement or traveled way or within the shoulder line where the shoulders.are wider than eight feet. 70. Clean Up Right of 1Yfay.- Upori 'completion of the work, all brush, timber, acrapa and material shall be entirely removed and the right of way left in as presentable condition as before work started. - - 11. Standards of Constraction. All work shall conform to recognized standards of construction. 12. Supervision of Grantor. All the work shall be done subject to the supervision of, and to the satisfaction of, the grantor. 13. Future Moving of Installation. It is understood by the Permittee that whenever construction, reconstruction or maintenance work on the highway may require, the installation provided for herein shall, upon request of the Grantor, be immediately moved by,-and at the sole expense of the Permittee. _ _ q -^ - ~ , _~• 14 fsxperrse'of Inspection. On work whuh-requires the presence of an employee of the Grantor as inspector, the salary, trayel,- =~ ~ - -trig expense and ..other incidental expense of such inspection during `the work shallbe-paid-liy-~he'Permittee upon presentation of a-bill lS. Liability for ,Damages. The Permittee_is responsible for all lsabiliry .for personal .injury or property. damage which may arise out of work herein permitted,' o"r which' may arise out 'of'failur`e' on the Pe2inittee's' pail- to perform his obligations` under this permit in respect to maintenance. In the event any claim of such liability is made against the State of California, or any department, . officer,.or employee. thereof; Permittee shall. defend, .indemnify; and hold them,and.each of them_h,rmless fjOm such claim.. This permit shall riot he effective for any purpose'tinles3 aiid until'flie'aliove`named Permittee,files with the-Grantor; a-surety bond id"he`form and amount required by said Grantor;.unlessspecifically'exempted_on the fic~:heteof:C'Fhejrequiretnei2i'shat a'bon3 be fiCed.does.nnL.apply._n the eveuc the Permittee is a governmental board which derives its revenue by taxation. 16. Making Repairs. If the Grantor shall so elect, repairs.to_ paving which has been disturbed shall be made by employees ..- .- _.. of tFie-Grincor and--the `expenses thereof shall •be-'borne by 'the Persiiittee,-%w~io`£h'i1F-purchase and=deliver om-the•,road the' materials necessary for said work as directed 6y the Grantor:-All payments,to labprerst inspeecorsl etc:; employed by said Grantor foror on:accou,nt of the work herein` contemplated, shall be made by said Permittee foithwitFi on receipt. o~written orders, pay, rolls or vouchers approved .. .. ~ . by Grantor.~Or the Grantor may elect to iequire a deposiwbefote,starurig`repairs; in-an imount'sufficient`-taeover the estimated cost~theceof. The Grantor will give reasonable notice of its election to make such repairs. If the Grantor does not so elect, the Permittee shall make such repairs promptly. In every case the Permittee shall be responsible for restoring any portion of the highway which has been excavated or otherwise disturbed to its former condition as nearly as may be possible except where the Grantor elects to make repairs to paving,as above provided ice his_pzra_graph-and-exce~c whete~rov_is,jon Y4 Yh¢:_COntrary is tng{le in thetx'pewtitten porcioq:tif the permit. ,'_~' • 17. _ Care of Drainage. If; [he worli herein -contemplated shall interfeLe with the, established drainage, ample provision shall _'~_, .: be made by the Permittee t8 provide for it ap may: bep itected 6}>'fKe g raptor. ~ q - IS• Sabmit Location. Plan. U on tom lesion oi'~under round' or-tsurface work= of'`conse uence,-the Permittee •shall furnish plan to the Grantor's District Office showing location and details. ! ". - ::_ L`.:.i ; ':- .i 19. Maintenance. The Permittee agrees by the acceptance of this permit to exercise reasonable care to maintain properly any encroachment placed by it in the highway and to exercise reasonable care in inspecting for and immediately repairing and making _ good any. injury to any portion. of the highway wfiich ;occurs as a result~of chz~maintenance;q£ the're,?croachment,in the higtiway or,as-a result of the work dori2 under this permit, including•any and all injury to the highway which would not have, occurred had such work not been done or such encroachment not placed thereinr'- -`" ' ' - '' ` ' `• - ._ •. - ~" ~" ,PIPES, ~'GONDUITS, GAS PIrMP$,~ E,TC -. - _, { _ 20.;-,Cro;sing Roadway.; Service .arid, ocher small diameter piped .shall, be_jacked otherwise Forced undetdeath .'pavement without disturbing -same. ~ Pavement or roadway shall not bettor unless specifically permitted oa the face hereof. Setvsce pipes. will not be permitted inside of metal culvert pipes used as drainage structures. 21. Limit Excavation. No excavation is to be made closer than eight (8) feet from the edge of the pavement eacept as may be specified. . 22. 1'urineling.' No tunneling will be permitted eacept on major work a may be specifically set forth on the face hereof. 23. Depth of Pipes. There shall be a minimum of two (2) feet of cover over all pipes or conduits. 24. Backflling. All backfilling is to be moistened as necessary and thoroughly hand tamped, there being not less than one tamper co each shoveler. Whenever required by the grantor, a trench; crossing. the, ro}dway shall be backfilled with gravel or crushed rock. - 25. Preserve Surfaring Material. Whenever a gravel or crushed rock surface v trenched, such material shill'~e-placed at one side and when backfilling is started the rock material shall be replaced,to•its.originalVpasicion.. -•;,- _; ;-• , 26. Maintain Surface. The Permittee shall maintain che~surlace over structures p)~cgd hezeunder,as long as necessary. 27. Pipes Along Roadway. Pipes and utilities paralleling the pavement" sKafl be loci"red aii`the distance -from traveled way and at such depth as specifically directed on the face hereof. Cutting of tree roots will not be permitted. 1165-E-760,378 Page 2 This permit shall be kept at the site of the work and must be shown to anq representative of the grantor or any law enforcement officer on demand. SHOULD THE DIVISION OF HIGHWAYS REPRESENTATIVE FIND WORK IN PROGRESS PRIOR TO HIS NOTIFICATION, HE SHALL STOP SAID WORK FOR A PERIOD NOT LESS THAN THE REMAINDER OF THAT WORKING DAY. ~: POLES, WIRES, CABLES AND OVERHEAD STRUCTURES 28. Location Pole Lines, etc. Pole lines shall be located one foot from the property line unless otherwise specified on the face hereof. 29. Public Utilities Commission Orders. All clearances and type of construction shall be is accordance with the applicable orders of the Public Utilities Commission of the State of California. 30. Permission from ProQerty Owners. Whenever necessary to secure permission from abutting property owners, such authority must be secured by the Permittee prior to starting work. 31. Clearance of Trees. Poles must be of such height u to permit clearance over a tree 40 feet is height, where quick growing .trees are in place. At locacioris where aloes growing trees are in place, normal construction standard may be followed at the option of else pole line company, with provision co ultimately clear a 40-foot tree. 32. Guy Wires. No guy wires are to be attached to trees eacept oa specific authority and in no event shall they be so attached as to girdle the tree or interfere wick its growth. Guy wires shall be kept at a minimum elevation of sir felt above the ground whenever so directed. 33. Clearing Around Poles. The Permittee shall remove and keep clear all vegetation from within a radius of at least five feet of the poles. 34. Painting or Visibility StriQs. All poles arc to be painted for a distwce of siz feet above the ground using white lead and oil or aluminum paint or in lieu thereof, when ~oles have creosoted butts, wood, metal oc other approved type of visibility strips may be placed. Wood strips are to be Douglas fir 1" z 3 '-5' long placed on 6" centers about the bue of pole and painted with white lead and oil or aluminum paint. If metal stripe are used such strips may be placed either vertically or horizontally. Paint is to be renewed as often as may be required to mainnin a satisfactory covering. If not painted when installed or renewed u the grantor may consider necessary, the right is reserved co have this painting done sad the Permittee hereby agrees to bear the coat thereof under the terms of this permit. Poles that do sot present • possible ttaf&c hazard will be given eoaaideraeioa for ezempcioa from those provisions upon written request of Permittee accompanied br pertinent data as co pole location, dilEerence in elevation, etc. The grantor's decision will be Snal in this regard. 35. Remove OId Poles, Guys and Stubs. The entire length of such timbers shall be removed from the ground and the bola backfilled and thoroughly tamped. ~ _ PLANTING TREES 36. Location and Species. The location and kind of trees to be planted shall be specified on the face of this permit. }7. Planting and Mairrtenarrce Cost. The Permittee must bear the cost of planting the trees. The arrangement as co maintenance of the trees shall be specifically set forth on the face of the permit. In particular cases arrangements may be made for the Grantor to do this work upon deposit of a certain sum for each tree which is co be planted. The Grantor reserves the right to assume the maintenance or to decline to do so as conditions justify. 38. Groaea Planting. The cost of group plantings and similar special work which may be agreed upon with the Grantor shall be borne by the Permittee. Land far such plantings shall be secured in fee by the Permittee and turned over to the State. Plantings for parking and picnic grounds will not be considered in this connection. REMOVAL OR TRIMMING OF ROADSIDE TREES 39. Removal of Treer. When permit is granted for removal of a tree u as independent operation or as a part of other work, the entire stump shall be taken our for a depth of ac least two feet blow the ground surface. 40. Clearing the Site. All timber and debris shall be removed from the right of way. The hole left by the stump shall be backfilled and thoroughly tamped and the site left in a presentable condition. 41. Trimming of Trees. In general, only light trimming of branches two inches or less in diameter will be permitted and only when specifically so stated on the face hereof. The shapeliness of the tree must be preserved. 42. Inspection. If the permit requires inspection by the Grantor during progress of the work the cost of inspection shall be borne by the Permittee. No charge will be made for occasional routine inspection. - Road Approaches, Connecting Pavements and Minor Work 43. Grades and Specifications. Grades and types of construction shall be as detailed by plans or stated on the fare of this permit. 44. Borrow and Waste. Only such borrow sad wore will be permitted sad within the limits u set forth on the face of this permit. 45. Minor Work. Grading down of small banks, small ditches, placing of awnings, and ocher similar minor work shall be governed by the general provisions sad u detailed on the face hereof. Signs 46. Clearance of Signs. The minimum clearance from the sidewalk shall be twelve feet. Railroad Crossings 47. Safety and Convrnirnce. The future safety and convenience of the traveling public shall be given every consideration in the location and type of construction. 48. Meet Highway Grade. The grade and superelevation of she track must conform to the grade of the highway at point of crossing. 49. Widtb of Paving. The crossing shall be planked or paved u may be specified on the face of this permit for the full roadway and shoulder width. p sPo STATE OF CALIFORNIA-HIGHWAY TRANSPORTATION AGENCY EDMUND G. BROWN, Governor DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS •"®` ° DISTRICT 11, P. O. BOX 390, SAN DIEGO 92112 ' August 30~ 1965 11-SD-805 PM 6 . ~+9 City of Chula Vista Ss #65 (186.1) Mr. Fred Ross Administrative Offieer City of Chula Vista City Hall Chula Vista, California, 92010 Attention: Kenneth Campbell -- Dear Mr. Ross: Attached is afully-executed agreement covering the City~s construction of East "J" Street within the right of way of State Route 805. The agreement provides for the expenditure of Section 186.1 and 186.5 funds within the State Highway right of way. Very truly yours, J. DEKEMA District E inee By ~ ~; _ ~ J. E. RISI City and County Projects Engineer ELP:FW CC:JER LFCole " Enc. NATIONAL HIGHWAY WEEK September 19 to 25 1965