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HomeMy WebLinkAboutReso 1965-3663RESOLUTION NO. 3663 RESOLUTION OF :THE CITY COUNCIL OF .THE AP~''ROVING AGREEMENT BETWEEN THE CITY THE. STATE OF CALIFORNIP; RELATING TO STATE HIGHWAYS . , CITY. OF CHULA ` OF CHULA VISTA THE MAINTENANCE ,~ ~ JISTA ~~~ AND OF The City Council of the City of Chula Vista does hereby. resolve as follows: SECTION I. That certain agreement between the City of Chula Vista, a municipal corporation, and the Department of Public Works of the State of California, dated the- day of 19 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. SECTION II. That the Mayor of the City of Chula Vista be and he is hereby authorized and directed to execute the same for and upon behalf of the said City. Presented by Approved as to form by: a George D. indberg City Atto ney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this23rdday of March _, 19 65_, by the following vote, to-wit: AYES: COUNCILMEN McCorquodale, Anderson, McMains, McAllister, Sparling NAYES: COUNCILMEN None ABSENT: COUNCILMEN None C ~, C~ ~ , ~' '~ _~_` Mayor of the City f Chula Vista t, ATTEST ,:-~:_..-~. ~__< .N ~.~~c.c.~-~ / L~%( 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CERTIFY that the above and foregoing is a full, true and correct copy of - and that the same has not been amended or repealed.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 • AGi~EN7ENT FOR MAINTENANCE Or STATE HIGHDdA~.' IN THE CITY Or' CHULA VISTA. - THIS AGI~EET~LNT, made/and executed in duplicate this ~~~day of -, 19~p,5 by and betireen the Department oz" Public Works of the State of California, acting by and through the Division of Highways, hereinafter called the "Department" and the City of CHULA VISTA hereinafter referred to as "City". j~7ITNE S SETH: 1. RECITALS: The parties desire to provide for the maintenance of State highway .routes t-rithin the City as provided in Section 130 of the Streets and Highways Code, and to arrange herein for the particular 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 vrork cJill be performed. 2. AGREEMENT: This Agreement shall supersede all previous Agreements and Amendments ti~rhich,have been executed. In consideration of the mutual covenants a.nd promises herein contained, it is agreed: The City will perform such maintenance ti~rork as is specifically delegated to it and the Department trill 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 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 represent- ative. 3. I~`~.~INTI~?APdCE Dpi IidED: P~Zaint~nahce is defined iiz Section 27 o:i the Streets and Highways Code as folloti~rs: Sec. 27 "(a) Tile preservation and keeping of rights-of-~;:Tay, and each type of roadt~ray, structure, safety convenience or device, planting,_, i11LUlination equipment, and. other facility, in the safe and usable condition to ~~Thich it has been i~;lproved or constructed, but does not ii1ClLld~ reC011strLlCtioil or other imp-rover~zent. ,(b) O~~eration of s~~~ecial safety conveniences and devices, and illurninatinU equipment. (c ) The special or e~iie-rgency. maintenance or repair _ necessitated by accidents or by stor-ins or other vaeather conditions, slides, settlements or other U!1LlSLlal or unexpected darnae to a roadvray, structure. or facility.. The degree and type of maintenance for each highway, oi~ portion thereof, shall be determined in the discretion of the authorities charged ~~rith the main- tenance thereof, taking into consideration traffic requirements and monies available. therefor." 4. DEGREE OF MAINTENANCE: The degree or extent of maintenance... work to be performed-and the standards therefor shall be in accord- ante 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 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 ..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'. - 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 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.x+, 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 vaith any vrorlt, 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.x, 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 taorlc, authority or jurisdiction not delegated to City under this Agreement. 6. HIGHWAY, as used herein, refers to the tiahole right-of-Dray which is secured or,reserved to. use in the construction and maintenance of the roadbed and roadsides 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 between the roadbed,, as defined under Section 7, and the right-of-way boundary lines, - 3 - 11C~_llG!ii~~ CU3'~ c^^.i1C' S1Cie?'?al~L, aS hereinafterC' d'~SCrlbed but e<,c~_~tc'~in~ c_raina~e structures oi~ ?,7atert~rays. `'' UI~TI~1PI~OVED ROADSID:~S relates to the area bettreen the J~ roadbed and r~_ght-of-?'?ay boundai"y _I~rherein. cL~,rbs and sid~taallcs- do not °xist. 10. CURBS rC1aLCJ to a ti~iuer or a masonry structure separating o-r othervrise delineating; tine roadbed from the rernaincTer of the high?aay . 11. SIDLZ~IALK applies to the paved or other?,rise improved surface area between the .face of curb and right-of-T;ray boundary, ine7_uding laved entrances or drive?-rays . 12. BRIDGES,. as used heroin, 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 sup~~~oi"ts along the centei"line of the street . All other cross drainage structures ttirill be classified as culverts. ROUTINE P~INTIJNAP^TCE 13. ROUTINE i~~2AINTEFJAPdCE to be performed on the rosdbed or road- sides shall consist of such t^ror1L as patching, crack sealing, .care of drainage, upl~teel~ and repair of bridges, culverts, guard rail, median barriers, cur'os, and sidevaalks, operation of drat^r-bridges, street stvee-ping and cleaning, repair of darnage and cleaning up after storms and trafz"ic accidents, control of roadside vegetation, care of landscaped areas, trees or other ornarnental plantings, -a-nd and upkeep and operation of traffic service devices, all as hereinafter specified. - ~ - ~la~_ntenanc~ of l~ndscal~ed areas or other ornamental • -y~lantin~s T?il1_ u° ,i~~rfCrr!1eQ. and Laid for bar the D~partrilent . The Doy~artrlont :°rill not, ho;rever, lei^forrn the :,Toil: or ;gay for the ul~lLee~.~ and care of g~°oLU7ds or facilities used as a public parr. 1~outine tree rnain'cenance shall be limited to -minor trimming as- regL?fired to iz°:iy~rove siht c?istance or to the occasional removal oi' o.ead or loi•r overhanging limbs. E1.tensive tree reconditioning ?~rorl~, spraying; or reri?oval a-re not routine maintenance operations and will not be paid for unless such crock is specifically author- ized by the Department. The above shall not be construed as restricting, prohibiting or other?rise relieving the City of the -responsibility for inspection and upkeep of trees in a manner that trill insure maxir~lum safety to both vehicular and pedestrian. .traffic . Sweeping and cleaning shall be limited to the removal of dirt or litter nor?~ially coming onto the roadbed from the action of traffic. or from natural causes. The Department will not underta'=ie nor pay for loicl~ing up or disposing of .rubbish or debi^is sti>aept into or otherT,~rise placed on the high~~ray from abutting property. The extent of svreeping and cleaning on the State highways shall not be greater than customarily. done on comparable city streets. P•'Iaintenance work. to be performed trithin .the area designated as Improved Roadsides shall include the removal of dirt .and litter as referred to above and such sidetaalk inspection and action to- wards repair of sidevralks, 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 - 5 - repairs .and control of vegetation to be made by or at the expense of abutting oT,mers ~°rho are under legal obligation. to pea^forni such ~~rorlt . P~iaintenance of yarning and regulatory signs, : traffic control dev=ices, and highvray lighting facilities as hereinafter referred to shall include upkeep and repair of the supports, as well as such other items ~~rhich 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 hight~Jay 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, vri11 be investigated by a representative of the Departrnent'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 ma,~or 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.pro~ect. Except in the case of emergency, such mayor repair projects shall conform to the methods and procedure to be recommended by the - 6 - Department. I~iajor bridge repair is not a routine maintenance operation and ti~rill require specific authorization. TRAFFIC SERVICE 1LE, ti~1ARNING AND REGULATORY SIGNS shall conform to the specific- 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 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 approach to and exit from intersections controlled by traffic signals, the Department vrill noL pay for curb painting. or parking lines-as may otherti~rise be required for the regulation of parking. The cost of maintaining pedestrian crosswalks at inter- sections shall be shared betti~reen the Department and-City in the sane 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 ti~rill 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 - 7 - traffic signals or other electrically operated traffic Control devices note 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~t.he City on the basis of the number of intersection streets in the same manner specified for crossrrall~s under Section 15. 17. HIGHT~+IAY LIGHTING: The Department trill not pay for the maintenance, installation, repair servicing, nor power for electroliers nor ordinary street lighting; hovaever, lighting at intersections., tiarhen required for the safety of persons using the streets, roadvaays or highvaays, will be paid for when approved and specifically authorized by the District Engineer. Where such lighting has been specifically authorized at an inter-. section, the maintenance and operating costs thereof shall be shared bett~reen 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 FACILITIES 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 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 - 8 - 'LU~nish .a copy of each permit to the Department . The C3,~y agrees to io7.lovr SUCi1 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 i-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 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 to any State highway. The Department-will pay for the cost of inspection of such signs, marquees, and other encroachments as a part of maint- enance, provided that the City shall comply with its usual policy t~rith respect to collecting costs from pe-rmittees in such cases as fees or charges are made by the City for similar work on Cit~.r - 9 - streets. Any amount so collected by the City ti^rith respect to any State high~~ray shall be credited against .the charges made by the City for such tirork. 20. TR~_NSPORTATIOTd PNRMITS: Transportation permits ti~rill be required Por all vehicles and their loads which exceed the limitations specified under Division 15 of the Cali..c'ornia Vehicle Code. Z~lhere authority to issue Transporation Permits is .delegated to the City, such authority shall pertain only to travel that originates and terminates vrithin 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 1J_8 thereof. - 10 - 2I.' ROUTE. DESCRIPTION: Toute •Length No. Miles .._ 5 3.13 Description of Routin Montgomery Freeway from south city limits at Ada Street to north city limits; a length of approximately 3.13 miles. - 11 - - 2~. Dr;LIJGATION OF I'~~iAINTE~IAI.ICE: The maintenance irork to be per- or;ned by City and/or Department shall con orrn to the ~~rovisions hereof and shall include those operations as hereinafter indicated: _ ~ Agency. o Per orm Ylor R e. No. Rte. No. R e. No. R e.~No. Item Main enance -~ ~ .~ a .~ a .N ¢, No, Function ti q ~ A ~ Q ~ A Roadbed x Improved Roadside x Unimproved Roadside x ,Bridges and Culverts x Guide Signs x Warning Signs x ~ Regulatory Signs x Traffic Stripe x ~ Pavement Markings x Traffic Signals x Highway Lighting x Guard Rail x , T~edian Barriers x 4 Sweeping & Cleaning _ x _ 1 2 3 ~ 5~(Landscaped Areas x Trees x j 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 Pdiles. 2 Length of street to be ~ cleaned Curb iv'Iiles. 3 Length of street to be cleaned .Curb Miles. ~+ Length of street to be cleaned Curb .Miles. - - I2 - 23 . L~PNDITURIJ AUTHORIZATION: . ThE Department trill reimburse . City 1'or actual cost of all maintenance ti~rork perfoi~me~ by City as d~]_e~ated under Section 22, bL~t it is agreed that during any fiscal year, the ma.~i~ um expenditure per 1i,i1e on any route shall riot e1=coed the amount as sho?~yn on page 14 hereof (of the Agree- nlerlt) , unless sLtciZ expenditu='e is revised by an ainencled A,~,ree- ment or other?;ise ad justec? or ;:~odl_~' Lea as hereinafter provided for. The expenc'iturc ?per mile for routine maintenance taorl~t as referred to grove may be increased or decreased or an additional e~.penditure for specific projects may re made taken such specific vaorl~t or adjustment of expenditure for routine maintenance is specifically authorized in t~:rriting ry the State- Hightaay Engineer or his authorized representative. Additional e~.penditures 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 specified. An adjustment of the maximum expencitures shown on page l~- hereof (of the Agreement), either increase or decrease, shal7_-not affect other terms of the Agreement. - 13 - • Route Lcn~th No • Riles 5 .3.13 i~Ialcinum El~.penditure Per P~4ile None - 1~+ - 2~. SL'BMISSIOId OE BILLS: The City shall submit bills monthly for the t;~orlc pei^f ormed. EquiZ~ment shall 'ae charged at mutually acceptable rental rates and labor and material at actual cost. Not to el;ceed fifteen percent may be added to the actual cost of equipment, materials and lab©r to c©ver ®verhead costs. 25. TERM Or .AGREEMENT:, This. Agreement shall become effective July 1 19 64 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 dayst 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 re o ended: CITY OF CHULA VISTA ~~~ istr c ng neer ayor ~ ~- ~~ ''f ~ Ma n enance ing neer _ Approved as to form: ~~ ~~1•-11L~'`t---- A orney Department of Public Woz°ks City Armor y r By i .c..=.c~ ~cwu- _ C y er STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHGI~IYS J. C. WOMACK State Highway Engineer DD p y ~~~e%~iig iFway-Engineer - 15 -