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HomeMy WebLinkAboutReso 1965-3858', ~ Form No . 3 4 2 RESOLUTION NO. 3858 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE. CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA, DIVISION OF HIGHWAYS FOR THE MAINTENANCE OF STATE HIGHWAY IN THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City .Council of the-City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and the State of California, ,Department of Public Works, .Division of Highways for maintenance of State Highway in the City of Chula Vista dated the 28th day of September , 19 6~, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of said City. Presented by ~ ~~ L ~ # Cn~ e, City Engineer Approved as to form by George D~ Lindberg, `City Atto ey -1- ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this28thday of September , 1g 65 , by the following vote, to-wit: AYES: COUNCILMEN McMains McAllister Anderson McCor uodale Sparling NAYES: COUNCILMEN None --- ABSENT: COUNCILMEN None %? ` Mayor of the City of Chula Vista l ATTEST ~ ~ ~~ ~~~ = .~_.~ ..- ,.E",~~' 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that the above and foregoing is a full, true and correct copy of~---- ' and that the same has not been amended or repealed.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 . ~1Gi~%EP~NT FOR NIAINTENAT~ZCE O1+ STATE HIGHtiJAY " IN THE CITY OP CHUZA VISTA TIIIS AGPwEIyLI~1T, ,,1aco ~.~zc: %1tiecLtted in duplicate this • aay of - , 1~~, Eby and 'betcreen•the Department o:~ Public t~doras of the State of California, acting by and. thrcLigh the Division of Highvrays, hereinafter called the "De}~art;nent" and .the City of CHULA VISTA , hereinafter referred to as "Cityr' ~ • j~1LTNES SETH: • 1. RECITALS: The•parties desire to i~rovide for the maintenance of State hight~aay routes within the City as provided in Section- . 130 of the Streets and High;-ra~~s Code, and to arrange herein for the .,articular maintenance functions to be performed by the ~L~y. and those to be performed by the Department -and to specify •the terms and conditions under ti~rhich such ti•rorl. tivill be perfoi~rr-ed. 2. AG?~EEP~~~NT: This Agreement shall supersede all previous Agreements and Arnendnients t~rhich have been executed: In consideration of the mutual covenants and.pr.omises herein contained, i•t is agreed: The City gill perform such r~iaintenance taork as is ,specifically deleated to it and the Department trill perform those .particular functions of maintenance not othervrise ass fined to ~tl1e City on the State high~~ray routes or portions thereof all as hereinafter describ~d•under Section 21 and 22 hereof or as said sections may be subsequently modified tirith the consent of the • parties hereto acting by and through their authorized represent- ative. • _ ~ . ~ ~~ ~. T~IAITdT~ENANCE DEFINrD: Maintenance is defined in Section , 27 of the Streets and Highways Code as follows: Sec. 27 "(a) The preservation and. iceepin~; of rights-of-vaay, and each type of roadway, structure, safety convenience or device, plantinJ, illLtmination equipment and other facility, in the safe and usable condition to N~rhich it has been improved or constructed, but does not include reconstruction o.r other improvement. (b) Oi~erati on of sj~ecial safety. conveniences and devices, and illuminating egL2iprnent . (c) The special or emergency maintenance or repair , necessitated by accidents or 'oy storms or other ti~reather conditions, slides, settlements or other unusual or unexpected damage to a roadway, structure or facility. The degree and type of maintenance for each highti~ray, or portion thereof, shall be deterrained in the discretion of the authorities charged t~rith the main- tenance thereof, tal;in~ into consideration traffic requirements and r~lonies available therefor." 1+. DEGREE OF MAINTENANCE: The degree or extent of maintenance work to be performed and the standards therefor shall be in accord- ante rrrith 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 Assistant State Highway engineer or District 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.t,his 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. _ 2 - 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 ?vork, authority or jurisdiction delegated to the-City under this Agreerent for I~~ia~_ntenance. It is also understood and agreed that, pursuant to Governiiient Code Section 895.x, City shall fully indemnify and hold State harmless from any damage o-r liability occurring by reason of anything done or omitted to be done by City under or in connection ?~rith any ti,rorPc, 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 ae done by the Department under or in ,connection ?~~rith any work., .authority or jurisd~.ction not delegated to the City under this Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section-8g5.~, Department sha~:l i'ully 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 vJith any vrorlc, authority or• jurisdiction not delegated to City under this Agreement. 6. HIGHWAY, as used. herein, refers to the ?whole right=o_"-?~~ray Y~Jhich is secured or reserved to use in the construction-and maintenance of the~roac{bed androadsicles as hereinafter described. 7. ROADBED means that portion of the roadway extending .from, curb line to curb line or shoulder line to shoulder line. 8. IMPROVED ROADSIDES relates to the area bet?~reen the roadbed, as defined under Section 7, and the right-o_n-?Away boundary lines, -3- inclucing curb and side.~Ja1~t, as hereinafter described but excJ_uding drainage structures or tirate ^t~rays ,. UNIT~TPROVED ROADSIDES relates .to the area between the roadbed and right-of-vray boundary wherein curbs and sidewalks do not exist. 10. CURBS relates to a timber or a masonry structure separating or otherti~rise delineating the roadbed from the remainder of the hight~~ray . 11. SIDEti°JALK applies to the T~aved or o'chervaise improved surface area, bettireen the face of curb and right-of-yvay boundary, including paved entrances or driveways. 12. BRIDGES, as used herein, refers to structures of a span of more than twenty feet (20'} measured under the copings along the centerline of the street and multiple span structures where the individual spans are in excess of ten feet (10') measured from. center to center of supports along the centerline. of the street. All other .cross drainage structures titilill be classified as culverts. ROUTINE T,4AINTENANCE 13. ROUTINE MAINTENANCE to be performed on the roadbed or road- sides ~sha11 consist of such vaork as patching, cracTc sealing, care of drainage, upkeep and repair of bridges, culverts, guard 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 roadside vegetation, care of landscaped areas,-trees or other ornamental plantings,-a~e? and upkeep and operation. of traffic service devices; all as hereinafter specified. `~. ~: - ~ - P+Zaintenance of landscaped areas or other ornamental plantings ti°:iill be performed and .Maid for by the Department . The De~~artment brill not, however, perform the tivork or pay for the up'Leep and care of grounds or facilities used as a public park. Routine tree ~ilaintenance shall,be limited to minor trimming as reouired to improve sight distance or to the occasional removal of dead or low overhanging limbs. Extensive tree reconditioning ti~aorrc, sloraying or removal are not routine maintenance operations and tivill not be paid for unless such work is specifically author- ized by the Department.. The above shall not be construed as restricting, prohibiting or othertiaise _~~elieving the City of the responsibility t°or inspection and upkeep of trees in a manner. that vaill 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 underta~te nor pay. for j~icking up or disposing of rubbish or debris srJept into or otherwise placed on the highway from abutting property. The extent of svaeeping and cleaning on the State highways shall not be greater than customarily done on comparable city streets. D~aintenance work to be performed i~aithin the area designated - as Improved Roadsides shall include the removal of dirt and litter as referred to above and such sidewalk inspection and action to- wards 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 tYie matter of requiring sidewalk - 5 - repairs and control of vegetation"to be made.by or at the expense of abutting ovlners who are under legal obligation to perform such tivorlt . Maintenance of v~rarning-and regulatory signs, traffic control devices, and highvaay 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 vaork 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 defects when the cost does not exceed $300. The District:Engineer shall be immediately notified of mayor def ects as are hereinafter ~. defined. Bridge repair work costing in excess of $300 on a single, structure shall be considered as being a mayor repair project. Except in the case of emergency, such~ma~or repair projects shall conform to the methods and procedure to be recommended by the _ h _ Department. Major bridge repair i5 not a. routine maintenance' o~l5e-ration and. vrill require specific authorization. TRAFFIC SERVICE '1L~, tidARNING AND REGULATORY SIGNS shall conform to the sp~cific- ations 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 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 insta led for the prohibition or the regulation of parking. J_5. TRAFFIC STRIPE AND PAVEMENT P4ARKINGS 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 v~rill not pay for curb painting or parking-lines as may otherwise be required for the regulation of.parlting. The cost of maintaining pedestrian crosswalks at inter- sections shall be shared betvreen 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 ~:aill apply to the regular cross-street intersection vrherein a County road is not a factor. 16. TRAFFIC SIGNALS, FLASHERS OR OTHER ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES: The cost of maintaining and operating - 7 - 'craffic signals or other electrically operated traffic control devices no?.v in place or those ?~~rhich may hereafter be installed at the intersection of any State highway route and any City street shall be shared bet?,veen the Department and the City on the basis of the nwnber of intersection streets in the same manner specified for cross?+ra11iS under Section 15. 17. HIGH?~JAY LIGHTING: The Dep~trtrnent ?~ri11 not pay. for the maintenance, installation,- repair servicing, nor pourer for electro]_iers nor ordinary street lighting; however, lighting at in'cersections, ti~rhen required for the safety of persons using the streets, roadr~rays or high~:rays, vrill be paid for z•rhen approved and specifically authorized by the District Engineer. ~~There such li~lzting has been specifically authorized at an inter- section, the maintenance and operating costs thereof .shall be shamed bet?Teen the Department and the "City on the basis of the nwnber of intersecting streets to the intersection in the same manner specified for pedestrian crossv~ralks under Sect"ion 15. 18. TRAFFIC COTJTROL DEVICES AND HIGH?~1AY LIGHTING FACILITIES as defined underparag-raphs 16 and 17 above, ~ahich are installed subsequent to the execution of this Agreement, shall become subject to the terms and conditions of this Agreement upon no'cicc to the City from the Department of the completion of any such installation. PERPrLITS 1G. ENCROACI~ ~yNT PERP~ZITS: 1,~Jheri authority to issue Encroachment Permits is delegated to the City, the authority shall pertain to all parts of the highvray throughout the particular. 7.ength of streets indicated unc~~er Section 22 of the Agreement.. Permits shall be issued on a-form provided by the Department and the City thrill - 8 - furnish a copy of each permit to the Department. The .City agrees to o1_lo~.:r 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'ma~or 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 crossing shall be permitted to be suspended. over the. roadway. Marquees or .signs extending over the sidewalk areas 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 aign 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 regLiirements 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 to any State highway. The Department will pay-for the cost of inspection of such signs, marquees, and other encroachments as a pert of maint- enance, 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. ,~ - 9 - strce'cs. Any amount so collected by the City ~~rith respect to any State highs~ray shall be credited against the charges made by the City zor such vrorlc. ^c0. T13.~.PISPORTATION PIJRMITS: Transportation permits tieill be required for all vehicles and. their loads which exceed. the limitations specified under-Division 15 of the California Vehicle Code . Z~dhere authority. to issue. Transporation Permits 3_s delegated to the City, such authority shall pertain only to travel that originates and te-rr~linates vaithin the corporate limits and it shall not apply to through haul transportation. In issuing such permits, the City shall f ollot-~r the policies and regulations established by the Department for the issuance of transportation permits as set out in the Department's 1•Zaintenar~c e i~-Zanual 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. - 10 - 21. ROUTE DESCRIPTION: Route •Length :fir No. ~ Miles Description of Routing 5 3.13 Montgomery Freeway from south city limits at Ada Street to north city limits; a length of approximately 3.13 miles. ;:;:, ~~ 2^. D~~LLGATION OFD' A~iAII~3TLi~1AIvCi~: ^lh~ maintenance vtorlt to be per- or~aed by City and/or Department shall con°orra to the provisions hereof and shall include tho~~ operations as hereinafter indicated: Agency o P er orm Tv1or R e. No. R e. o. R e. rdo. R e.' o. ~~ ~ ~ ~ ~ ~ ~ I'em Maln~cnance ~ ~ ~ Qa ~ a ~ ~ No, Function , ti ~ c~ Q t~ Q ~ q Roadbed x Improved Roadside x Unimproved Fioac~sidc x Bridges and Culverts x Guide Suns x Warning Sins x r Re ulatory Signs x Tra ~fic Stripe x PavGlnent Marlt~.nF;s x Traffic Signals x ~ ~ ' Highway Lighting x Guard Rail x i~~ledian Barriers x " Sweeping ~; Cleaning x (1) 2) (3 ~ (Landscaped Areas x ~. (Trees x Curbs and Sidewalks x ISSUANCE OF PERMITS Encroachment x Transportation x ~ When and as specifically authorized by the Assistant State Highway Engineer. as provided under Section 13 hereof. 1 Length of street to be cleaned Curb P~Ziles. 2 Length of street ~ to be cleaned. Curb i~~Iiles. 3 Length of street to be .cleared Curb Miles. LE Length of street to be cleaned C,urb .Miles. :., - 12 - 2~. EY~PLNDITURI/ AUTHORIZATION: The De~~artment ti~rill~ reimburse C;_ty :i or actua7_ cost o: all i.~ai ntenanep ti~~or~t. performed by City Gs c.ole,~ated under Section `2, lout it is agreed that during; any ('~ ;cal year, th:° :?1Ci1>ii'.~U:ri? e~iJendi tLlr2 p8i'' 2ilile On any rOLlte shall not ~<coed the amount as shot~rn o.n page lli hereof (of the Agree- rti?tl'C), Liril.e5~ SL~ch ~1''_)~1C~=_tU'C is i'E;T/i SE'C'. by an amended ~~l'G-'E'- :n~lzt or otl~o~.~,-_s: ~.r_~ jl.itod or ~:~;oc~_:"ied as hereinafter provided for. The o;~l~onc'_itu-~°e ~:~or ri_le _°or T'OL~tine z~laiiztenance ti~roi~k as referred to ul•~ove I,Zay be i ncr~_as~s, or• c;iecreased o~~ an adclitional elpendi'cure for specific projects Tiay be :glade T~rl~iiz such specific ?:ro:~•'-L or adjustment of e1~__enditLZre for routine maintenance is specifically authorizes. i n ~ri~i tii'7.~ by the State I3iht~ray Engineer o~~~ his authori:~ed repxr~sen'cative. Additional el,penditures or act jListrnent of expenditures thus authorized shay 1 apply during the fiscal yea designated the--rein and shall not be deemed to permanently riodify or mile as hereinafter s el;pens.itures shovrn on increase or decrease, A„reel~nt . clzan~e the basic rna,:inum expenditure per ~~cifiec{, An adjustrz~nt of the rnaxirnum ~~a e 11I- hereof (of the Agreement) , either shall not affect other ter r ' ms o.~ the _~.3_ 2~. SUBMISSION OF BILLS: The City shall, submit bills. monthly . for the ti•,Tork performed. Equi,~ment shall be charged at mutually acceptable rental rates and labor and material at actual cost. ~~ ;Not to exceed fifteen percent may be added to the actualcost ... ~ ~, _ o£ equipment, materials and labor to cover overhead eoet~. 25. TERM OF AGREEI~NT: This Agreement shall become effective July 1 ~ 7.9 65 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 CHULA VISTA 1~] _~ ~~ ~"_~~~ istr c ng neer Mayor ~ . ~,11~ ~' C y er STATE OF CALIFORNIA DEPARTMENT OF PUBLIC. WORKS DIVISION OF HIGHWAYS J. C. WOMACK State Highway Engineer, r~ ., . By ,` De~ a e~ way; Engineer NOV 5 5965 - l5 - __ STATE OF CALIFORNIA-HIGHWAY TRANSPORTATION AGENCY DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS DISTRICT 11, P. O. BOX 390, SAN DIEGO 92112 December 23, 1865 Mr. Fred Ross Administrative Officer City of Chula Vista City Hall Chula Vista, California. Dear Mr. Ross: EDMUND G. BROWN, Governor File: 11-SD-5 PM 5.93-9.07 Transmitted is an original and two conformed copies of a fully executed Agreement for Maintenance of State Highways in the City of Chula Vista. The effective date of this agreement is July 1, 1965, and supersedes all previous agreements. We thank you for your cooperation in this matter. Additional copies of this agreement may be obtained upon request. Very truly yours, J. DEKEMA District Engineer By G . E. RISING City & County Projects Engineer JJV:cg cc:JERising WJElliott JJVitlip AZClark RSimpson Attach.