HomeMy WebLinkAbout2010/12/14 Item 6
CITY COUNCIL
AGENDA STATEMENT
~\~ Cl11' OF
~ (HUlA VISTA
12/14/1 0, Ttem~
REVIEWED BY:
RESOLUTION OF THE CfTY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONSTRUCTION AND
MAINTENANCE AGREEMENT BETWEEN THE
METROPOLITAN TRANSIT SYSTEM, SAN DIEGO & ARIZONA
EASTERj'\) RAILWAY, SAN DIEGO ASSOCIATION OF
GOVERNMENTS AND THE CITY OF CHULA VISTA FOR
CONSTRUCTION AND MAINTENANCE OF THE BA YSHORE
BIKEWAY /!,
DIRECTOR OF PUBLIC WORKdlff< . T /
ASSISTANT DIRECTOR OF ENGIN e(
CITY MANAGER ~ ,../
ASSIST ANT CITY f}rANAGER 0\
4/5THS VOTE: YES 0 NO Id
ITEM TITLE:
SUBMITTED BY:
SUMMARY
The San Diego Association of Governments (SANDAG) has been working with City staff to
build the next segments of the Bayshore Bikeway through the City of Chula Vista from H Street
to Stella Street. Since the bike path alignment utilizes the railroad corridor south of J Street and
west of Bay Blvd and SANDAG is the lead for the construction phase, the City must enter into a
construction and malntenance agreement with SANDAG, the Metropolitan Transit System ami
San Diego Arizona & Eastern Railway.
ENVIRONMENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for comphanee with
the California Environmental Quality Act (CEQA) and has deternlined that the proposed project
was adequately covered in previously adopted Bayshore Bikeway Project Mitigated Negative
Declaration, SANDAG May, 2009 and Addendum to the Bikeway Project Mil1gated Negative
Declaration, SANDAG, October 2010. Thus, no further environmental review or documentation
1$ necessary.
RECOMMENDATION
Council adopt the resolution.
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12/14/10, Item~
Page 2 of 4
BOARDS/COMMISSION RECOMMENDATION
On June 11, 2009, the Safety Commission voted 6-0-1 to accept staffs report and adopt a
resolution concurring with staffs recommendation to prohibit on-street parking on Bay Blvd
[rom the Moss Street extension to Palomar Street as part of the Bayshore Bikeway project
construction.
DISCUSSION
The Bayshore Bikeway is a designated 24-mile regional hikeway route around San Diego Bay.
Planning [or the Bayshore Bikeway began in 1975 to provide a bike path separated from
vehicular traffic that could be Llsed to ride around San Diego Bay from the Ferry Landing at the
foot of Broadway in downtown San Diego then south around the San Diego Bay through City of
San Diego, National City, Chula Vista, Imperial Beach then northwards in Coronado along the
Silver Strand, Gloriella Bay and ending at the City of Coronado's Ferry landing at the foot of
Orange A venue. During this time, over half of the bikeway has already been completed.
Through C1mla Vista though, the bikeway has not yet been completed south of E Street. Thus,
there are still segments of the Bayshore Bikeway through Chula Vista that are utilizing the bike
lanes on Bay Blvd as an interim alignment in order to provide connectivity to the other segments
that have already been completed. Bike lanes are painted lanes on the roadway and a(
II1terseC(lOns veliicles can encroach onto the bike lane if they are making a right turn. Bike paths
are bike facilities that are completely separated from motorized traffic either by a separate
alignment or some physical separation from the motorized travel way.
Since the objective is to provide a bike path, there is a current project estimated at $2 million and
SANDAG has alrcady provided the funding for design, environmental and construction. Thus,
SANDAG is the lead on this project through most of Chula Vista. The Chula Vista portion of
the project is known as Segment 7 for the portion between H Street and J Street and Segment SA
for (he portion from J Street to Stella Street. SANDAG is coordinating the work with City staff
to provide the ultimate improvements through most of the City.
When completed, the project will provide for an approximate l.S0-mile long (9500-LF) bike
path that is separated from the motoring traffic from H Street then south to the intersection of
Bay Blvd and Stella Street. The portion of the project that is from H Street to J Street will be
constructed west of and parallel to Bay Blvd and the San Diego Arizona & Eastern (SDA&E)
Railway nghl-of-way in a pOliion of what was oncc the B.F. Goodrich (Rohr Industries) parking
lot. Once the alignment leaves the San Diego Unified Port District owned parcel at the north
side of Marina Parkway, the bike path a1iglUllent changes direction eastwards towards Bay Blvd
where it will cross the railroad tracks perpendicularly before reaching the intersection of Bay
Blvd/J Street/Marina Parkway. The bike path crosses the west leg of the subject intersection
where it will continue south along the west side of Bay Blvd and then turn and head west into the
San Diego Arizona & Eastern Railway corridor that is located west of the buildings on Bay Blvd.
Near the southbound Interstate-5 L Street ramps, the bike path will turn again towards the east
and then be constructed along the westerly edge of Bay Blvd to the SOltth end of the project a(
Stella Street. Stella Street is located just to the south of Palomar Street. Once completed in the
summer of 2011, the project will provide a multi-purpose bikeway that can also be used by
joggers, roller bladers, skateboarders, people exercising their pets, and any other non-motorized
users. After this phase of work, the City will have the 0.75-mile long portion of the Bayshore
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12/14/10, Item~
Page 3 of 4
Bikeway from E Street to H Street remaining as well as the waterfront alignment loop to be
provided later by the redevelopment of the Bayfront.
On Mareh 2, 1978, the Redevelopment Agency approved Resolution # 107 and on March 14,
1978, the City Council approved Resolution 9035 to enter into a Cooperative Agreement
(Attachment 1) for ComnlLlter Bikeway Construction wIth Caltrans, the County of San Diego,
and the Cities of Coronado, Imperial Beach, National City and City of San Diego. The 1978
Cooperative Agreement requires the City of Chula Vista to assume responsibility for
maintenance, operation, and associated costs for all portions of the Bayshore Bikeway within the
City's jurisdiction. Construction of the Bayshore Bikeway trom H Street to Stella Street is
anticipated to begin in early 2011, but a construction and maintenance agreement must be
adopted before SANDAG can advertise the project. In addition, since most of the project is
funded with federal funds, the adoption of the agreement also demonstrates to the Federal
Govetllment that the project is progressing to the construction phase. SANDAG is working
separately on a maintenance agreement for the San Diego Unified Port District parcel located
between H Street and J Street. Tonight's action is for the construction and maintenance
agreement for the area the bike path crosses or is within the railroad cOlTidor along the north side
of Marina Parkway and from south of J Street to where the bike path leaves the railroad corridor
near the Interstate-5 L Street southbound ramps. From the freeway ramp area to Palomar Street,
the bike path is within the public roadway right-of-way. The bike path from Palomar Street to
Stella Street will be constructed within the City of San Diego and the maintenance for that
portion is also being addressed separately by SANDAG.
On September 13, 2005, by Resolution 2005-311 (Attachment 2), the City Council approved a
frecway maintenance agreement with the State Department of Transportation (Caltrans) for the
recently completed portion of the Bayshore Bikeway located within Chula Vista and north of E
Street to thc Swectwater River city limits with National City (Attachment 3).
Construction costs for the Bayshore Bikeway segments 7 and 8 are estimated to be
approximately $1.5 million. Construction will occur within the City of Chula Vista from H
Street to Stella Street. Thc San Diego Unified Port District will maintalll the portion of the
bikeway located from H Street to J Street located within the 4.92 acre SDG&E easement parcel
(Assessor Parccl Number 571-330-2300). Once south of the SDG&E parcel, the bikeway enters
the public right-of-way for Marina Parkway where it turns to an easterly alignmcnt towards Bay
Blvd. Since this portion of the bikeway is located outside ofthc Port Districts' jurisdiction, it is
within the City of Chula Vista's jurisdiction to maintain.
Therefore, the City of Chula Vista will maintain the bikeway located from a point north of J
Strect, and not withtn the SDG&E parcel, to the intersection of Palomar Street where it leaves
thc City of Chula Vista and enters into the City of San Diego. A separate maintenance
agreement will be approved between the San Diego Unified Port District and SANDAG as well
as another agreement between the City of San Diego and SANTIAG to cover their portions of the
facility.
The proposed Construction and Maintenance Agreement for the Bayshore Bikeway clarities the
City's maintenance obligations, allows the City to enter the MTS, SDA&E railroad right-of-way
to maintain the bikeway facilities, and outlines all parties' legal relations and responsibilities.
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Page 4 of 4
Under the agreement, the City of Chula Vista is required to sweep and maintain a safe and clean
facility for the entire length of the path covered by the proposed agreement. Per the proposeu
agreement, maintenance includes, but is not limited to: "sweeping, graffiti removal, lighting
repairs, sign maintenance, minor pothole repairs, fencing repairs, painting, weed abatement and
tree trimming that may render the path unsafe or unsightly". The City of Chula Vista fencing
repaIrs are hl11lted to the new fence that will be installed within the SDA&E right-of-way just to
the cast of the existing railroau track and immediately west of the proposeu bike path. The
existing fence located along the westerly SDA&E right-of-way is maintaineu by MTS anu the
existing easterly right-of-way fence is privately owned and privately maintained.
All maintenance work inside the maintenance area shall be performed by the City's own forces
or its contractor except as specifically noteu in the agreement.
On June II, 2009, the Safety Commission voted 6-0-1 to accept staffs report and adopt a
resolution concurring with staffs recommendation to prohibit on-street parking on Bay Blvd
frorn the Moss Street extension to Palomar Street as part of the Bayshore Bikeway project
construction.
DECISION MAKER CONFLICT
The Bayshore Bikeway Project is located within the Southwest Redevelopment project area.
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmembcr Ramirez has property holdings within 500 feet of the boundaries of the
Southwest Redevelopment project area which is the subject of this action.
CURRENT YEAR FISCAL IMPACT
There is no fiscal Impact for FY 2010-2011. SANDAG will be providing fumling for
construction inspection services this fiscal year. There are no maintenance costs for this fiscal
year.
ONGOING FISCAL IMPACT
The total annual cost for maintaining approximately 1.25-miles of bike path within the City of
Chula Vista.s jurisdiction is estimated to be $30,000. This amount will have to be included in
subsequent budgets commencing in FY 2011-2012. In the event funding is not available, the
additional maintenance cost may result in reductions in other General Fund program areas.
ATTACHMENTS
Attachment 1. Resolution 107, Resolution 9035 and Cooperative Agreement for Commuter
Bikeway Construction dated October 30, 1978
Attachment 2. Resolution 2005-311
Attachment 3. Freeway Maintenance Agreement dated September 13,2005
Attaclunent 4. Excerpt June 11, 2009 Safety Commission Minutes
Attachment 5. Plat - San Diego Bayshore Bikeway
Exhibit A. Construction and Maintenance Agreement for the Bayshore Bikepath
Prepared by, FranCISco X. Rivera, FE., T.E., Principal Civil Engineer
i1k\Enginecr\AGENDA\CAS1010\12-14-1O\Bayshorc Bikeway CONS & MTCE agreement FXR,doc
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ATTACHMENT I
RESOLUTION NO. 107
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA APPROVING A COOPERATIVE AGREEMENT
BETWEEN THE REDEVELOPt1ENT AGENCY OF THE CITY OF
CHULA VISTA AND THE STATE OF CALIFORNIA, THE COUNTY
OF SAN DIEGO, AND THE CITIES OF SAN DIEGO, NATIONAL
CITY, IMPERIAL BEACH AND CORONADO
WHEREAS, the City of San Diego has received a grant of $850,000
from the State of California for the construction of a commuter bikeway; and
WHEREAS, the City of Chula Vista has participated with the State
of California, the County of San Diego, and the Cities of San Diego, National
City, Imperial Beach and Coronado in the preparation of a cooperative agree-
ment for the construction of the commuter bikeway.
NOW, THEREFORE, BE IT RESOLVED that that cooperative agreement, a
copy of which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same ;s hereby approved.
BE IT FURTHER RESOLVED that the Chairman of the Redevelopment Agency
of the City of Chula Vista be and is hereby authorized and directed to execute
said agreement on behalf of the Redevelopment Agency of the City of Chula Vista.
Approved as to form by
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ADOPTED AND APPROVED BY THE CHULA VISTA REDEVELOPMENT AGENCY, this
March
~
2nd day of
AYES:
Nayes:
, Absent:
ATTEST:
, 1978, by the following vote, to-wit:
Members
Scott, Habel, Cox, Hyde, Egdahl
r1embe rs
None
I,'embe rs
None
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Chairman of the Redevel
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:5ecretary ,
STATE OF CALI FORNIA )
COUNTY OF SAN DIEGO) ss:
CITY OF CHULP. VISTA )
I, Paul G. Desrochers, Secretary to the Redevelopment Agency of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a
fUli, true and correct copy of and that the same has-
not been amended or repealed.
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DATED:
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Secretary
SEAL
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RESOLUTION NO.9035
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING COOPERATIVE AGREEMENT FOR COMMUTER
BIKEWAY CONSTRUCTION BETWEEN THE CITY OF CHULA VISTA
AND THE CITIES OF SAN DIEGO, NATIONAL CITY, IMPERIAL
BEACH AND CORONADO, THE COUNTY OF SAN DIEGO AND
THE STATE OF CALIFORNIA, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain Cooperative
Agreement for Commuter Bikeway Construction between the CITY OF
CHULA VISTA, a municipal corporation, and the Cities of SAN DIEGO,
NATIONAL CITY, IMPERIAL BEACH and CORONADO, the COUNTY OF SAN DIEGO
and the STATE OF CALIFORNIA, dated the 30th day of october
197.8 , a copy of which is attached hereto and incorporated herein,
the-5ame 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 the City of Chula vista.
Approved as to form by
---
George
c~ty
ADOPTED AND APPROVED by the CITY
CHULA VISTA, CALIFORNIA, this 14th day of
by the following vote, to-wit:
COUNCIL of the CITY OF
March , 197~
AYES:
Councilmen Scott, Hobel. Cox. Hyde
NAYES:
Councilmen None
ABSENT:
Councilmen Egdahl
iL. W;J-.Xc("' ({M~"
_ c/'h-, _ d ':;L //.. Mayor of the City of ~V~sta
ATTES __ tUV LYLW---t-U:_dr
City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above is
a full, true and correct copy of Resolution No. , and that the
same has not been amended or repealed. DATED
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COpy
District Agreement
No. 11-8118
COOPERATIVE AGREEMENT
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FOR COMMUTER BIKEWAY CONSTRUCTION
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This Agreement is Hereby Made
and Entered into this
30th
Day of
October
, 1978
By and Between
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The City of San Diego, City of
National City, City of Chula Vista,
City of Imperial Beach, City of
Coronado and the County of San Diego,
all being bodies, politic and municipal
corporations of the State of California,
hereinafter referred to individually
by City name, San Diego County or
collectively as .CITIES and COUNTY.
The STATE OF CALIFORNIA, acting by and
through its Business and Transportation
Agency, Department of Tr~sportation,
District 11, hereinafter referred to
as .STATE.
7G.19S,
DOCUr~lr:NT no.
FILED
NO.YJj, 197~___
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or-FleE OF THe C,:;'Y CLERI{
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WITNESSETH
WHEREAS, the Legislature of' the State of California has allocated
funds in accordance with Senate Bill 283, Statutes of 1975,
for construction of .commuter bikeways, and
WlfEREAS, the Secretary of the Business and Transportation Agency
has approved a request by the City of San Diego, as lead agency,
for the allocation of funds to construct a commuter bikeway
known as the San Di~go Bay Route Bikeway, hereinafter referred
to as ROUTE, in the City and County of San Diego and the cities
of National city, Chula Vista, Imperial Beach and Coronado
from the vicinity of Pacific Highway and Harbor Drive in the
city of San Diego to the northerly end of Glorietta Boulevard
in the city of coronado, as generally shown by Exhibit AI and
WHEREAS, the City of San Diego proposes to incorporate bike lanes
in city of San Diego's contract for construction of switzer
Creek Bridge along Harbor Drive which is the location of said
ROUTE, and
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WHEREAS, the cost of providing bike lanes on the switzer Creek
Bridge is to be partially funded from Senate Bill 283 (Bike
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Centennial Route Improvements) lIIOniell and is the subject of a
separate agreement between the STATE and City of San Diego, and
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WHEREAS, the City of National City proposes to _ard a contract
for construction of bike lanes on the Seventh street Channel
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Bridge along Harbor Drive which is the location of said ROUTE,
and
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WIlEro;:AS, STATE funds other than those provided by this agreement
have previously been allocated to the City of National city
for the purpose of constructing bike lanes on the Seventh
street Channel Bridge, and
WIlEREAS, the STATE, in accordance with an executed cooperative
aqreement with the San Diego Unified port District, proposes
to construct a bridge over the Sweetwater River Flood control
Channel and to construct a portion of the -Tidelands Avenue
Extension-, as shown by Exhibit -A-, and
WIlEro;:AS, the City of Chula Vista proposes to construct a portion
of the "Tidelands Avenue Extension" from the vicinity of the
sweetwater River Flood Control Channel to -G- Street, as shown
by Exhibit "A-, and
WHEREAS, the aforementioned "Extension of Tidelands Avenue" is a
segment of said ROUTE: and
WHEREAS, it is in the best public interest that, should contracts
for constructing all or portions of the "Tidelands Avenue
Extension. not be awarded before June 30, 1979, a temporary
alternate bicycle facility should be constructed to provide
continuity for said ROUTE until such time as the -Tidelands
Avenue Extension- is completed: and
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WHEREAS, STATE has accepted a request made by CiTiES and COUNTY
to design and administer construction contracts for said
ROUTE: and
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WHEREAS, CITIES and COUNTY desire to each maintain the portion of
said ROUTE lying within their respective jurisdictions:
NOW THEREFORE, in consideration of the above premises, the parties
hereto agree to cooperate in the construction, funding and
maintenance of said ROUTE within the above limits as follows:
A. STATE agrees:
1. To perform surveys and prepare all contract plans and
specifications as necessary for award of contracts for
the construction of said ROUTE.
This construction work may be performed with several
contracts. The plans and specifications for each contract
will be approved by the City of San Diego acting as lead
agency and by the individual agency(s) within whose
jurisdiction the project lies prior to advertisement of a
construction contract.
2. To perform the appropriate environmental analysis and to
prepare subsequent reports in order for the city of San
Diego to obtain the project environmental clearances
and permits necessary to construct 8aid ROUTE.
3. To notify the agency (8) of CITIES and COUNTY having
jurisdiction upon award of any construction contract(s).
4. To construct said ROUTE in accordance with the aforementioned
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plans and specifications except for the widening of Switzer
Creek Bridge in the city of San Diego, on Harbor Drive, the
widening of the Seventh Street Channel Bridge in National
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city on Harbor Drive and any such pavement striping' and
marking and miscellaneous, work that CITIES and COUNTY may
elect to perform with their own forces.
5. TO perform all construction engineering services necessary
to administer construction contracts for said ROUTE.
6. ~o acquire, in the name of individual jurisdictional agencies
of CITIES and COUNTY and in fee or any lesser interest found
by STATE to be necessary, such rights of way as llIay be
required for construction of said ROUTE. Rights of way that
!lI8.y be required is generally described as follows:
ea) between the SWeetwater Flood Control Channel Boat Ramp
parking lot in National City and wGw Street in Chula
Vista in the vicinity of the existinq Sweetwater River
and the San Diego Gas and Electric COlllpany easement.
(b) between Main Street and 19th Street in the City of
San Die90 in the vicinity of the otay River.
(c)
between 7th Street in the City of IllIp8rial Beach and
the intersection of Glorietta Boulevard and Pomona
Avenue in the city of Coronado along the abandoned
San oie90 Arizona Eastern Railroad right of way.
7. That upon submittal of detailed billing, to reimburse CITIES
and COUNTY for necessary costs incurred in performing
removal of existing pavement markings, application of
new pavement markings and/or minor modification of existing
facilities as required to construct said ROUTE.
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8. TO reimburse the CITY OF SAN DIEGO, acting as lead'agency,
for necessary costs incurred in obtaining project environ-
mental clearances and permits as required to construct
said ROUTE.
9. That reimbursements due the individual parties to this
agreement shall be made within 30 days of receipt of
detailed statements.
10. To assume responsibility for maintenance, operation and
associate~ costs of said ROUTE along portions of State
Highway 7S 'where bike lanes are located within the
existing highway right of way.
B. CITY OF SAN DIEGO agrees:
1. To act as lead agency for the purpose of complying with
provisions of the California Environmental Quality Act
(CEQA) and thereby will acquire environmental project
clearances and permits necessary to construct said Route.
2. To construct minimum 4 foot wide at-grade bike lanes on
each side of Switzer Creek Bridge along Harbor Drive.
Said construction is subject of a separate agreement.
3. To assume responsibility for maintenance, operation and
associated costs of said ROUTE from the intersection of
pacific Highway and Harbor Drive to the south San Diego
City Limits on Harbor Drive and from the intersection of
Bay Boulevard and Main Street to the intersection of 19th
Street and Palm Avenue.
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c. CITY OF NATIONAL CITY agrees:
1. To construct minimum 4 foot wide at-grade bike lanes
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on each side of the 7th street Channel Bridge along
Harbor Drive.
2.
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D.
To assume responsibility for maintenance, operation and
associated costs of said ROUTE from the National city
Limits on Harbor Drive to the National city Limits in the
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vicinity of the Sweetwater River:
To allow the STATE to design and contract for construction
of a temporarY alternate bikeway facility, as generally
shown on Exhibit -A-, should the city of Chula vista or
STATE be unable to construct all or portions of the
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CITY
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-Tidelands Avenue Extension- referred to in paragraph 1,
section D of this agreement.
OF CHULA VISTA agrees:
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To construct a segment of said ROUTE, at no cost to the
STATE, by building a portion of the -Tidelands Avenue
ExtensionQ, as generally shown on Exhibit -A-, including
on-street bike lanes from the vicinity of Sweetwater
River Flood Control Channel to -G- Street in the City of
Chula vista. Such construction contracts shall be awarded
prior to June 30, 1979.
2. To allow the STATE to design and contract for construction
of a temporary alternate bikeway facility, as generally
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shown on Exhibit "A", should the City of Chula Vista or
STATE be unable to construct all or portions of the
aforementioned -Tidelands Avenue Extension-.
3. To assume responsibility for maintenance, operation and
associated costs of said ROUTE and/or temporary alternate
from the Chula Vista City Limits in the vicinity of the
Sweetwater River to the Chula Vista City Limits in the
vicinity of the intersection of Bay Boulevard and Palamar
Street.
E. CITY OF IMPERIAL BEACH agrees:
1. Subject to acquisition of the abandoned San Diego, Arizona
and Eastern railway right of way for said ROUTE, to assume
responsibility for maintenance, operation and associated
costs of said ROUTE from the intersection of 13th Street
and Palm Avenue along 13th Street, Cypress Avenue, 7th
Street and along a portion of separate bike path following
the San Diego, Arizona and Eastern railway right of way
from 7th Street to the Imperial Beach/Coronado City Limits.
F. COUNTY OF SAN DIEGO agrees:
1. To allow STATE to contract for construction of said
Route within the boundaries of the South Bay Marine
Biological St~dy Area. Route alignment and construction
through the biological stUGY area to be approved by county
Parks and Recreation Department and the U.S. Navy prior to
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final design approval.
2. To assume responsibility for maintenance, operation and
associated costs of said ROUTE within the county of san
Diego from the County Line near the intersection of Bay
Boulevard and Palomar Street to the County Line near the
intersection of Bay Boulevard and Main Street, and within
the boundaries of the South Bay Marine Biological Study
Area.
G. CITY OF CORONADO agrees:
1. To assume responsibility for maintenance, operation and
associated costs of said ROUTE along a separate bike path
from the Imperial BeaCh/Coronado city limits to the
vicinity of the intersection of Glorietta Boulevard and
Pomona Avenue in the City of Coronado and thence along an
on-street facility to the terminus of said ROUTE.
H. IT IS MUTUALLY UNDERSTOOD AND AGREED that:
1. The total cost of said ROUTE to be borne by STATE under
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this agreement shall in no case exceed $850,000.00.
2. In the event that funds provided by STATE under this
agreement are exhausted, CITIES and COUNTY are Obligated
to complete construction of said ROUTE only if additional
State and/or Federal bicycle facilities funds are available.
3. CITIES and COUNTIES may make minor changes in the location
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of said ROUTE, as generally shown on Exhibit -A-, if such
minor changes do not detract from the use of said ROUTE as
a commuter bikeway.
4. STATE is hereby authorized to acquire the necessary rights of
way in the name of individual jurisdictions of CITIES and
COUNTY, design and contract for construction of said ROUTE
within the corporate limits of each respective jurisdiction
that is a party to this agreement.
5. Upon authorization by the individual jurisdictions comprising
CITIES and COUNTY, STATE lIlay condemn for public transportation
purposes, under the provisions of the Code of Civil Procedure
relating to eminent domain, any rights of way necessary to
construct said ROUTE in fee or any lesser interest found by
STATE to be necessary.
6. The CITY OF SAN DIEGO will act as lead agency for the purpose
of complying with provisions of CEQA and thereby will acquire
project environmental clearances and permits in behalf of the
other parties to this agreement and is delegated the authority
to approve the advertising of construction contracts by STATE.
7. The City of San Diego is hereby delegated by CITIES and
COUNTY to act in their behalf as coordinator with STATE
for the purpose of assuring continuity of design standards
and details..
8.
The design and construction of said ROUTE shall conform
to the criteria and specifications established by
6-17
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the State of California, Business and Transportation Agency,
Depart:ment of Transportation for the "development, planning
and construction of bikeways in California~ dated August 1,
1976 or subsequent editions.
9.
All construction contracts using STATE funding as provided
by this agreement must be awarded by June 30, 1979.
10. The abandoned railway right of way from Imperial Beach to
Coronado is to be acquired at a cost established by the
STATE and before July 1, 1978. Otherwise, STATE will
construct shoulder improvements alonq State Route 75 to
accommodate bicycle travel from Imperial Beach to Coronado.
11. CITIES and COUNTY assume responsibility to initiate any
on-street parking restrictions that may be necessary to
construct and operate laid ROUTE in conformance with the
minimum design criteria referred to in paragraph 8 of this
Section. When necessary, public hearings may be held for
the purpose of evaluating alternatives to said parking
restrictions.
12. CITIES and COUNTY may elect to perform their own pavement
striping and marking and make minor modifications to
existing facilities in accordance with STATE plans and the
cost of such will be reimbursed by the STATE.
13.
Maintenance and operation of said ROUTE shall include but
not limited to regularly schedUled sweeping, replacement
of signs and fences, repair of pavement surface, providing
6-18
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security services, removal of storm debris and renewal
pavement markings.
14. CITIES and COUNTY will bill STATE no more often than
monthly for reimbusement of costs necessary to implement
their respective portions of the project.
15. CITIES and COUNTY will conduct under the leadership of
the lead agency a post-construction evaluation program
of said ROUTE after one year of operation. This
evaluation will be done at no cost to STATE and will
include but not be limited to a user survey and a compilation
of construction, maintenance, safety and operational informa-
tion.
16. This agreement may be terminated and its provisions may be
altered, changed or amended by the mutual consent of all
of the parties hereto.
IN WITNESS WHEREOF, the parties have caused this agreement to be
executed by their respective officers, duly authorized, the pro-
visions of which agreement are effective as of this day, month
and year after hereinabove written..
6-19
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STATE OF CALIFORNIA
Department of Transportation
ADRIANA GIANTURCO
By
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DIEGO
CITY OF,/!l^;J6# ~;TY
By ~
Attest lONE CAMPBELL
By:"-7tJUA~t7 -d--t.-lhu.<~
Deputy City Clerk
CITY OF CHULA VISTA
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REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA
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CITY OF IMPERIAL BEACH
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Attest
COUN~F S~IEGO
By /;;} a/y-YLdf /Yl.4/
Cierk of the Board of Supervfsors
Attest IIlOBERT D. ZaT =='A ClerlC
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EXHIBIT. A
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A 1'1 . '~!MENT Z
RESOLUTION NO. 2005-311
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FREEWAY MAINTENANCE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE STATE OF CALlFORt'lIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR MAINTENANCE OF
THE BA YSHORE BIKEWAY ALONG THE WEST SIDE OF
INTERSTATE 5, FROM E STREET TO THE CITY'S
NORTI-IERL Y BOUNDARY, A"lD AUTHORIZING THEMA YOR
TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
WHEREAS, on March 2,1978, the Redevelopment Agency approved Resolution No. 107
and March] 4, 1978, the City Council approved Resolution No. 9035 to enter into a Cooperative
Agreement for Commuter Bikeway Construction with Caltrans, the County of San Diego, and the
Cities of San Diego, National City, Imperial Beach, and Coronado; and
WHEREAS, the 1978 Cooperative Agreement requires the City of Chula Vista to assume
responsibility for maintenance, operation, and associated costs for all portions of the Bayshore
Bikeway within the City'sjurisdiction; and
WHEREAS, construction of the Bayshore Bikeway within Chula Vista is now complete; and
WHEREAS, the proposed Freeway Maintenance Agreement clarifies the City's maintenance
obligations, allows the City to enter Caltrans' right-of-way to maintain the bikeway facilities, and
outlines both parties' legal relations and responsibilities; and
WHEREAS, per the proposed agreement, maintenance includes, but is not limited to, ". . . the
removal of graffiti, debris, and vegetation that may render the path unsafe or unsightly as well as
keeping all portions ofthe path safe for passage and all signs, if any, in good repair"; and
WHEREAS, staff estimates the total annual cost for maintenance will be about $22,000 per
year, which funds will be provided through the City's budget and appropriation processes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby approve a Freeway Maintenance Agreement with the State of California Department of
Transportation (Caltrans) for maintenance of the Bayshore Bikeway along the west side of Interstate
5, from E Street to the City's northerly boundary, a copy ofwhich shall be kept on file in the office
of the City Clerk.
6-22
Resolution ~o. 2005-311
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
~b\\\\%~.\I\~'~\h Q~.
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of September, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Davis
ATTEST:
~.~~"'~
Susan Bigelow, MMC, City CI~
STATE OF CALIFORNlA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
Resolution No. 2005-311 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 13th day of September, 2005.
Executed this 13th day of September, 2005.
:: ~J.J ~ I ~~ j ,o......-J
Susan Bigelow, MMC, City Clerk
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6-23
ATTACHMEN1'_3 ..
1l-SD-5
PM 8.5/9.5
FMA 11-8283
FREEWAY MAINTENANCE AGREEMENT
THJS AGREENIENT is made and entered into in duplicate, effective this
/3,A , day of ,/u"T", kL , 20o~ " by and between the State of Cali fomi a,
acting by and through its Department of Transportation, hereinafter referred to as "STATE," and
the City ofChula Vista, hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS, on October 30, 1978, a Cooperative Agreement was executed between CITY
and STATE wherein CITY agreed and consented to certain adjustments of the local street a.'1d
road system required for the development of a bike path along a portion of State Highway Route
5 within the jurisdictional limits of CI:ry; and
WHEREAS, said bike path has now been completed or is nearing completion, and the
parties hereto mutually desire to clarify the division of maintenance responsibility as to local
CITY bike path, or portions thereof, and landscaped areas lying within or outside the freeway
limits; and
WHEREAS, under Section D3. of the above Cooperative Agreement, CITY has resumed
or will resume control and maintenance over the relocated or reconstructed (CITY bike path)
except those portions thereof adopted as a part of the freeway proper.
NOW Tl-IEREFORE, IT IS AGREED:
1. When a planned future improvement has been constructed and/or a minor revision has
been effected within the limits of the freeway herein described, which affects the
parties division of maintenance responsibility as described herein, STATE will
provide a new dated and revised Exhibit "A," which will be made a part hereof by an
amendment to this Agreement when executed by both parties, which will thereafter
supersede the attached original Exhibit A and which will then become part of this
Agreement.
2. BICYCLE PATHS
CITY will sweep and maintain, at CITY expense, a safe and clean facility for bicycle
travel along the entire length of the described path depicted on attached Exhibit "A",
made a part of this Agreement. Said maintenance will include, but is not limited to,
the removal of graffitti, debris and vegetation that may render the path unsafe or
unsightly as well as keeping all portions of the path safe for passage and all signs and
lighting if any, in good repair.
6-24
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3. LEGAL RELATIONS AND RESPONSIBILITIES:
A. Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this contract or affect the
legal liability of either party to the contract by imposing any standard of care with
respect to the maintenance of STATE highways or bike paths different from the
standard of care imposed by law.
B. It is understood and agreed that neither STATE 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 CITY under or in connection with any work
authority or jurisdiction delegated to CITY under this Agreement. It is
understood and agreed that, pursuant to Government Code section 895.4, CITY
shall defend, indemnify and save harmless STATE and all of its officers and
employees from all claims, suits or actions of every name, kind and description
brought for or on account of injuries to or death of any person or damage to
property resulting from 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.
C. 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 STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement. It is understood and
agreed that, pursuant to Government Code section 895.4, STATE shall defend,
indemnify and save harmless CITY and all of its officers and employees from all
claims, suits or actions of every name, kind and description brought for or on
account of injuries to or death of any person or damage to property resulting from
anything done or omitted to be done by STATE under or in connection with any
work, authority or jurisdiction delegated to STATE under this Agreement.
2
6-25
,
4. EFFECTIVE DATE
This Agreement shall be effective upon the date appearing on its face, it being
understood and agreed, however, that the execution of this Freeway Maintenance.
Agreement shall not affect any pre-existing obligations of CITY to maintain
designated areas pursuant to prior written notice from STATE that work in such
areas, which CITY has agreed to maintain pursuant to the terms of the Freeway
Agreement, has been completed.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
CITY of
Bd;JU?i lC
MAYOR
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, City Clerk
.. Approved as to form and
procedure:
STATE OF CALIFORt'JIA
DEPARTMENT OF TRANSPORTATION
Attorney
Department of Transportation
WILL KEMPTON
Director of Transportation
City Attorney
By (\ '0\, vY\~ yV1 r-
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MINUTES OF A REGULAR MEETING
OF THE CHULA VISTA SAFETY COMMISSION
ATTACHMENT .'1-
eXC&;??r
June 11, 2009
6:00 p.m.
Community Room
Chula Vista Police Department Headquarters
CALL TO ORDER
Meeting called to order at 6:05 p.m.
1. Roll Call:
Present: Chair Liken; Commissioners Caudillo, Cochrane, Moriarty, Navarro and Perrett
Absent: Commissioner Johnson
Staff present: Frank Rivera, Principal Civil Engineer; Muna Cuthbert, Senior Civil Engineer; Police Officer
Shon Thurman; and Florence Picardal, Recording Secretary
Also present: Greg Cox, County Supervisor; Danny Melgoza, Policy Advisor, Office of County Supervisor
Cox; Dean Hiatt, SANDAG Sr. Transportation Engineer; Stephan Vance, SANDAG Sr.
Regional Planner
2. PledQe of AlleQiance
3. Openinq Statement
Opening statement read by Chair Liken.
4. Approval of Minutes: January 8. 2009 and February 12. 2009
MSC (Moriarty/Cochrane) to accept the minutes of February 12, 2009 as submitted. (6-0-1, Johnson
absent) .
January 8, 2009 minutes were not available.
5. Oral Communications
None.
MEETING AGENDA
6. Resolution - Prohibitinq on-street parkinq on Bay Blvd from the Moss Street extension to Palomar
Street to allow for the future Bayshore Bikeway Bike Path
The San Diego Association of Governments (SANDAG) is currently working on completing the 24-mile
Bayshore Bikeway facility that runs around the San Diego Bay. When completed, it will consist of a two-way
bike path from downtown San Diego to National City, Chula Vista, Imperial Beach and end at the Coronado
Ferry Landing. As part of completing this regional facility, SANDAG is considering a portion of the bike path
through Chula Vista to be on Bay Blvd. In order to accommodate this bike path, on-street parking must be
prohibited on Bay Blvd from the South Bay Power Plant entrance, at the Moss Street extension, to Palomar
Street.
Principal Civil Engineer Rivera gave a short presentation. The San Diego County Bicycle Coalition submitted
a letter of support with the following reasons: 1) There is adequate parking for the businesses on Bay Blvd.
without the need for on-street parking, 2) Removal of parking makes both the bike path and the bike lanes
safer to use due to increased visibility of path users and eliminating the hazard of car doors opening in the
lanes; and 3) The inclusion of the bike lanes on Bay Blvd. keeps the local bicycle network intact for bicyclists
6-31
Safety Commission Minutes
June 11, 2009
Paqe 2
using the corridor to commute within Chula Vista, including providing access for bicyclists to the businesses
on the east side of Bay Blvd.
Mr. Rivera mentioned if the Commission does not support staff recommendation, the bike lanes would
continue north of the South Bay Power Plant entrance driveway and there is a bike lane facility going south.
When starting off with a bike lane and then crossing over to a bike path, this creates conflict points and
safety issues. The City doesn't want to stop a bike lane in favor of a bike path and but would like to see both
in place. He stated this is one of the projects in the region that ranks high enough to be recommended for
funding. Funding is expected to be approved within the next 2 weeks. Design will start this month and
continue thru February of next year. Advertisement of the construction will be in March and construction
begins July of next year with completion in April 2011.
Greg Cox, County Supervisor, stated this project has been in the works for the last 31 years and the goal is
to have a complete Class I bike facility all around the bay. This is a 1.7 mile segment funded by SANDAG
that is being constructed from Palomar all the way to H Street. The County is very encouraged this project
is moving at a fast clip. A segment in Imperial Beach was completed last April. He stated this is a regional
path that will divert a lot of people (from North Island and NAASCO) from the traffic. Also, this is a multi-
modal path (joggers, roller-bladers, walkers). He concluded that staff has done a good job explaining the
project and thanked the Commission for considering this item.
Stephan Vance, SANDAG Sr. Regional Planner and Dean Hiatt, SANDAG Sr. Transportation Planner were
both available to answer any technical questions. Mr. Rivera stated all affected businesses were notified by
signage that contained specific language -- "on-street parking prohibition". No comments were received.
Staff Recommendation: Accept staff's report and adopt a resolution concurring with staff's
recommendation to prohibit on-street parking on Bay Blvd. from the Moss Street extension to Palomar
Street as part of the Bayshore Bikeway project construction.
There were no requests to speak from the public.
Commission Discussion: Both Commissioners Navarro and Perrett expressed their support of staff's
recommendation. Chair Liken commended staff and the other agencies who worked on this project to push
it forward and save taxpayer money. He added it would greatly enhance the area.
MSC (Perrett/Navarro) to concur with staff recommendation. (6-0-1, Johnson absent).
7, Report on the Southwestern Colleqe Ne;qhborhood Parkinq Manaqement Plan
Residents of Charter Point and the College Estates Subdivision have requested that both the City of Chula
Vista and Southwestern College implement measures that will reduce and/or eliminate student on-
street parking issues in two residential areas located adjacent to the college.
On February 12, 2009, the Safety Commission directed staff to follow-up on public comments regarding
concerns related to Southwestern College student parking in adjacent residential neighborhoods.
Public Works Engineering and Police Department staffs have been working with Southwestern
College and adjacent residential neighborhoods (Charter Point and College Estates) to address
off-campus student parking issues. Specifically, during the public comments portion of the Safety
Commission meeting, residents expressed concern with student vehicles parking too close to
driveways and/or parking at intersections, thus reducing sight distance on Apache Street and
Gotham Street and the lack of available curb side parking due to increased student parking. In
addition, residents commented on concerns related to student conduct and trash left in curb areas.
Principal Civil Engineer Rivera gave a detailed presentation. He stated the solution must involve all three
parties -- City, residents, and the college. The City has agreed to continue to look at this issue;
Police will continue enforcement as time permits; the college will conduct the student survey; and
Charter Point will look at their access gates. Officer Thurman stated enforcement started in
September 2008. At the beginning of the semester, half of the traffic division was conducting
UNOFFICIAL MINUTES
6-32
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","'''" CURRENT PROJECTS
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RESOLUTION 2010-
RESOLUTION OF THE CITY COUNCIL OF TI-IE CITY OF
CHULA VISTA APPROVING A CONSTRUCTION AND
MAINTENANCE AGREEMENT BETWEEN THE
METROPOLITAN TRANSIT SYSTEM, SAN DIEGO &
ARIZONA EASTERN RAIL WAY, SAN DIEGO ASSOCIATION
OF GOVERNMENTS AND THE CITY OF CHULA VISTA FOR
CONSTRUCTION AND MAINTENANCE OF THE
BA YSI-IORE BIKEWAY
WHEREAS, on March 2, 1978, the Redevelopment Agency approved Resolution No,
107 and on March 14, 1978, the City Council approved Resolution No. 9035 to enter into a
Cooperative Agreement for Commuter Bikeway Construction with Caltrans, the County of San
Diego, and the Cities of Coronado, Imperial Beach, National City and San Diego; ami
WHEREAS, the Cooperative Agreement For Commuter Bikeway Construction is District
Agrcement No. 11-8118 recorded as document No. 764957 and Filed November 13, 1978; and
WHEREAS, the Cooperative Agreement requires the City of Chula Vista to assume
responsibility for maintenanee, operation, and associated eosts for all portions of the Bayshore
Bikeway within the City's jurisdiction; and
WHEREAS, on September 13, 2005, the City Council approved Resolution No. 2005-
311 to enter into a Freeway Maintenanee Agreement with the State of California Department of
Transportation (Caltrans) for maintenanee of the Bayshore Bikeway along the west side of
Interstate-5 Irom E street to the City's northerly boundary; and
WHEREAS, the San Diego Association of Governments (SANDAG) is currently leading
the effort to have a portion of the Bayshore Bikeway eonstructed from H Street to Stella Street
through the City of Chula Vista, the City of San Diego and the San Diego Unified Port District's
jurisdiction in Year 20 II and a portion of the alignment will be constructed through the railroad
right-of-way operated and owned by the San Diego Metropolitan Transit System (MTS), a
California public agency and the San Diego & Arizona Eastern Railway (SD&AE), a Nevada
non-profit corporation; and
WHEREAS, SANDAG has obtained the construction funding for the bike path from H
Street to Stella Street which is through the jurisdictions of the Cities of Chula Vista and San
Diego and the San Diego Unified Port District and expects to award a construction contract in
Fiscal Year 20 I 0-2011; and
WHEREAS, before SANDAG can advertise the construction project, all agencies must
approve the construction and 'maintenance agreement; and
6-34
Resolution No.
Page 2
WHEREAS, the parties agree that SANDAG will construct and the City of Chula Vista,
the City of San Diego and the San Diego Unified Port District will each maintain their respective
portions of the Bayshore Bikeway after completion ofthe bike path construction; and
WHEREAS, SANDAG is also working with the City of San Diego and the San Diego
Unified Port District for maintenance of the portion of the bike path through their respective
jurisdictions; and
WHEREAS, the portion of the Bayshore Bikeway from H Street through Assessor Parcel
Number 571-330-2300 that ends just north of the north side of Marina Parkway is within the
jurisdiction of the San Diego Unified Port District; and
WHEREAS, the portion of the Bayshore Bikeway generally described as having an
alignment located within the public right of way north of the north curb line of Marina Parkway
then east to the intersection of Bay Blvd!] Street/Marina Parkway then generally south on Bay
Blvd then west to the railroad right-of-way then south to where it turns to the east and leaves the
railroad right of way to enter the public right of way of Bay Blvd near the Intcrstate-5
southbound ramps located between L Street and the Moss Street extension then to the south City
limits at Palomar Street is within the jurisdiction of the City of Chula Vista; and
WHEREAS, the portion of the Bayshore Bikeway generally located from Palomar Street
to Stella Street is located within the City of San Diego's jurisdiction while the roadway, located
to the east, is generally within the City of Chula Vista's jurisdiction; and
WHEREAS, the Cities and County assume responsibility to initiate anyon-street parking
restrictions that may be necessary to construct and operate said route; and
WHEREAS, on June 11,2009, the City of Chula Vista's Safety Commission approved a
Resolution prohibiting on-street parking on Bay Blvd from the Moss Street extension to Palomar
Street to allow for the future Bayshore Bikeway Bike Path.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve MTS Document No. G1345.0-1I1SDAE 700 between the City of
Chula Vista, and the San Diego Metropolitan Transit System, a California public agency, the San
Diego & Arizona Eastern Railway, a Nevada non-pro lit corporation and the San Diego
Association of Governments and authorize the Director of Public Worb}o sign t.~! agreement.
i '/.
Presented by APpr0!d a~ to _.:t'1i1~y>_I"~
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/ V(i;Ultl /
Gle R. Googins
City Attorney
Richard A Hopkins
Director of Public Works
6-35
Bart C. Miesfeld
City Attorney
Dated:
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
THE BAYSHORE BIKEPATH
BETWEEN
THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM,
THE SAN DIEGO AND ARIZONA EASTERN RAIL WAY,
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS, AND
THE CITY OF CHULA VISTA
6-36
MTS DOC. NO. G 1345.0-11
SDAE 700
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR THE BAYSHORE
BIKEP A TH
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT ("CMA") is
made and entered into this day of
2010, by and between the SAN DIEGO
METROPOLITAN TRANSIT SYSTEM ("MTS"), a California public agency, the SAN DIEGO
AND ARIZONA EASTERN RAIL WAY (SD&AE), a Nevada non-profit corporation (MTS and
SD&AE are collectively referred to as the "Railroad"), the SAN DIEGO ASSOCIATION OF
GOVERNMENTS, a legislatively-created regional planning agency ("SANDAG"), and the
CITY OF CHULA VISTA, a municipal corporation ("CITY") (collectively the "Parties").
RECITALS
WHEREAS, Railroad is the owner of certain railroad right-of-way assets (the
"ROW") located in the City of Chula Vista. The ROW is in active use by heavy and light-rail
operators; and
WHEREAS, SANDAG proposes to construct the second segment of the Bayshore
Bikepath (the "Bikepath") at separated grade below and parallel to the Railroad tracks in
substantial compliance with schematic plans attached hereto as Exhibit "A"; and
WHEREAS, the Parties agree that SANDAG will construct and CITY will
maintain the Bikepath and SANDAG will reimburse Railroad for all reasonable Railroad staff
expenses, consultant expenses, and other direct expenses accrued in reviewing, approving, and
constructing the Bikepath and any other agreements relating to the Bikepath's construction,
including but not limited to licenses for the Bikepath and a Right of Entry Permit that allows
SANDAG's contractor to enter into the ROW to construct the Bikepath but excluding any
SANDAG Railroad expenses following completion of construction; and
WHEREAS, after completion of the Bikepath construction, and acceptance of the
Bikepath by CITY, this CMA, the Durable Right of Entry Permit described herein, and any
Licenses issued to SANDAG under the terms of this CMA shall be automatically assigned to the
CITY, as set forth below.
WHERAS, the relationship of the parties to this CMA is that of independent
entities and not as agents of other or as joint venturers or partners. The parties shall maintain
sole and exclusive control over their respective personnel, agents and operations.
WHEREAS, the CITY has evaluated the insurance requirements, risks, and
benefits involved in this particular situation and deemed them acceptable and is therefore willing
to be bound by the terms as set forth below
NOW, THEREFORE, IT IS AGREED:
6-37
I. License. Railroad agrees to grant to SANDAG and CITY licenses upon certain
portions of the ROW in the CITY, attached as Exhibit "B" solely for the purpose of constructing,
maintaining and operating the Bikepath, in strict accordance with the provisions of this CMA.
These licenses will be granted subject to the prior, continuing, and future rights and obligations
of Railroad (including its licensees, successors and assigns) to use the ROW for railroad
purposes and other consistent uses, including, but not limited to, existing and future
transportation activities, utilities, communication systems, pipeline facilities and appurtenances
in, upon, over, across and along the ROW, and there is expressly reserved unto Railroad. and its
respective successors and assigns, the right (consistent with the rights herein granted) to
construct, reconstruct, maintain, operate, and use any and all existing and future facilities and
appurtenances related to the above-referenced uses. SANDAG's license shall automatically
terminate and CITY's license shall automatically commence upon assigrrment of this CMA to
CITY pursuant to Paragraph 1 I.
2. Use. If SANDAG or the CITY shall use the Bikepath and/or ROW for any
purpose other than as stated in Section I above, or fail to act in accordance with the provisions of
this CMA, or act in a manner which interferes with the use of the ROW by Railroad (including
its licensees, successors and assigns), then Railroad (or its successors and assigns) shall provide
SANDAG and/or the CITY with a timely written notice of any claim of default, meet and confer
with SANDAG and/or the CITY regarding the claim of default, and allow SANDAG and/or the
CITY a reasonable opportunity to cure the default so long as SANDAG and/or the CITY
proceeds expeditiously to cure the default. If SANDAG and/or the CITY fail to cure the default
in a timely manner, Railroad may exercise its remedies at law or equity against SANDAG and/or
the CITY. It is expressly understood and agreed by Railroad that SANDAG and/or the CITY
shall use the Bikepath without interference or damage to the catenary wires, pipelines, electric
transmission lines, telephone lines, telegraph lines, communications systems and other facilities
of like character, existing or constructed during the term of this CMA over, under, along and
across the Bikepath and/or ROW. SANDAG and/or the CITY hereby agrees that it will
indemnify and save harmless Railroad from and against any and all liability for any such
interference or damage by each of them or their contractors or agents as more expressly set forth
below in Paragraph 8.
3. Limitations.
(a) Limitations on Use.
(i) SANDAG shall comply with all applicable terms, conditions,
directives and requirements of Railroad's policies regarding rights-
of-way and other MTS ordinances, rules and regulations.
SANDAG shall comply with all applicable laws and regulations of
the federal, state, and local goverrrments and all administrative
agencies thereof which may have jurisdiction over SANDAG's
construction, maintenance and operation of the Bikepath.
(ii) No use, construction, or maintenance by SANDAG, the CITY or
on SANDAG's or the CITY's behalf on the Bikepath will interfere
6-ja
with any type of railroad operations on the ROW.
(iii) SANDAG and the CITY shall not leave any unattended personal
property or equipment on the ROW at any time.
(b) Limitations on Licenses. The licenses and permission to be granted are
without warranty of title of any kind, expressed or implied, and are subject to and subordinate to
all prior licenses, leases, easements, restrictions, reservations, conditions, covenants,
encumbrances, right-of-ways, liens and claims of title that may in any manner encumber the
ROW.
4. Maintenance of Bikepath. CITY shall maintain at its expense the Bikepath and
appurtenances constructed pursuant to the terms of this CMA and which are over, under, along
and across the ROW. In performing its maintenance obligations in accordance with this
Paragraph 4, CITY and/or its contractors, agents and assigns shall notify Railroad seventy-two
hours prior to any entry onto the ROW for any purpose (except for emergency maintenance and
repairs, in which case CITY shall notilY Railroad as soon as is possible under the circumstances)
and will comply with Railroad's rules and regulations concerning use of and work within the
ROW, and the instructions of Railroad's representatives in relation to the proper manner of
protecting Railroad's tracks and traffic moving thereon, pole lines, signals, and other property of
Railroad, or its tenants or licensees, at or in the vicinity of any maintenance work, and shall
perform such work at such times as shall not endanger or interfere with safe and timely operation
of Railroad's track and other facilities.
5. Right of Entry Permit. The exercise of any and all rights provided by this CMA
is subject to the requirement that SANDAG, CITY, and/or its contractors and agents first obtain
a Right of Entry Permit ("ROE Permit''), attached as Exhibit "Coo, from Railroad prior to entry
onto the ROW for the construction or maintenance of the Bikepath. The ROE Permit requires
that SANDAG, the CITY and/or its contractors and agents procure and maintain in force at all
times during the construction and maintenance of the Bikepath, the insurance described in this
CMA. Railroad shall timely process any applications required to obtain the Permits, and shall
not wrreasonably deny or delay the issuance of such Permit. SANDAG, CITY and/or their
contractors and agents will comply with all Railroad policies, rules and regulations as stated in
the ROE Permit, and the instructions of Railroad's representatives in relation to the proper
manner of protecting the railroad tracks and traffic moving thereon, catenary lines, pull lines,
signals and other property of Railroad, or their respective tenants or licensees, during the period
of construction and maintenance of the Bikepath and shall perform the work at such times and in
such a manner so as not to endanger or interfere with the safe and timely operation of the railroad
track and other facilities.
6. Durable Maintenance ROE Permit. Notwithstanding the foregoing, Railroad
hereby grants to CITY a Durable Maintenance ROE Permit to allow CITY to enter onto the
Bikepath for routine maintenance of the Bikepath, including, but not limited to, activities such as
trash rcmoval, cleaning of the Bikepath, and similar maintenance activities as more fully
described in Exhibit "D" attached hereto. The Durable Maintenance ROE Pennit shall remain
effective throughout the life of this Agreement and be subject to all of the terms of this CMA,
6-3'9
including but not limited to the indenmity and insurance provisions. Entry onto the ROW by
individuals or entities,other than CITY (such as contractors, agents, and non-CITY employees)
or entry onto the ROW by CITY for work other than the maintenance activities as described
above, shall requirc a separate ROE Permit as specified in Paragraph 5.
7. Indemnification.
(a) SANDAG
SANDAG and its contractors, subcontractors, agents and employees shall indemnifY,
defend and hold harmless CITY, MTS, their Board or Council, officers, directors, agents, and
employees, Rail America, the San Diego and Imperial Valley Railroad CSD&IV"), the San
Diego and Arizona Eastern Railway (SD&AE), San Diego Trolley, Inc. (SDTI), San Diego
Transit Corporation (SDTC) any other entity performing maintenance work on the ROW, their
officers, directors, agents and employees CRailroad Indemnitees"), from any and all liability,
loss, expense (including reasonable attorneys' fees and other defense costs), demands, suits,
liens, damages, costs, claims, including, but not limited to, third party claims, claims for bodily
injury, death, personal injury, or property damage, that are incurred by or asserted against the
Railroad Indemnitees arising out this CMA, the construction of any device or appurtenance
implemented under this CMA, and any negligent acts or omissions on the part of the SANDAG,
its Board, officers, agents, contractors, or employees. The requirements as to the types and limits
of the insurance coverage to be maintained by the SANDAG as required by Paragraph 9, and any
approval of the insurance by Railroad, are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by SANDAG pursuant to this CMA,
including but limited to, the provisions concerning indemnification.
(b) CITY
CITY, its contractors, subcontractors, agents and employees shall indenmifY, defend and
hold harmless SANDAG, MTS, their Boards, officers, directors, agents, and employees, Rail
America, the San Diego and Imperial Valley Railroad CSD&IV"), the San Diego and Arizona
Eastern Railway (SD&AE), San Diego Trolley, Inc. (SDTI), San Diego Transit Corporation
(SDTC) any other entity performing maintenance work on the ROW, their officers, directors,
agents and employees ("Railroad Indemnitees"), from any and all liability, loss, expense
(including reasonable attorneys' fees and other defense costs), demands, suits, liens, damages,
costs, claims, including, but not limited to, third party claims, claims for bodily injury, death,
personal injury, or property damage, that are incurred by or asserted against the Railroad
lndemnitees arising out of this CMA, the maintenance of any device or appurtenance
implemented under this CMA, and any negligent acts or omissions on the part of the CITY, its
Council, officers, agents, contractors, or employees. The requirements as to the types and limits
of the insurance coverage to be maintained by the CITY as required by Paragraph 9, and any
approval of the insurance by Railroad, are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CITY pursuant to this CMA,
including but limited to, the provisions concerning indemnification.
6-40
(c) RAILROAD
Railroad agrees to indemnifY, defend and hold harmless the CITY, SANDAG, and their
Board or Council members, officers, agents, volunteers, contractors, and employees ("SANDAG
and CITY Indenmitees"), from any and all liability, loss, expense (including reasonable
attorneys' fees and other defense costs), demands, suits, liens, damages, costs, claims, including
but not limited to, claims for bodily injury, death, personal injury, or property damage, that are
incurred by or asserted against the SANDAG and CITY Indemnitees arising out any negligent
acts or omissions on the part of Railroad, their Boards, officers, agents, contractors, or
employees, under or in connection with any work, authority or jurisdiction delegated to Railroad
under this CMA.
8. Insurance.
8.1 During the construction period, SANDAG, at its sole cost and expense,
shall maintain the following insurance:
(a) General Liability
(i) SANDAG shall maintain $15 million of general liability coverage.
Upon request by Railroad, SANDAG shall provide satisfactory
evidence that it meets the insurance requirements of this CMA. .
(ii) The coverage described above shall cover bodily injury (including
death) and property damage liability, owned and non-owned
equipment, and blanket contractual liability.
(iii) The policies shall not have endorsement limitations relating to
operations on or near railroad property.
(iv) All such policies shall name in the endorsement San Diego
Metropolitan Transit System (MTS), San Diego Trolley, Inc.
(SDTI), San Diego and Arizona Eastern Railway (SD&AE),
San Diego and Imperial Valley Railroad (SD&IV), San Diego
Transit Corporation (SDTC), the City of Chula Vista, and their
directors, officers, agents, and employees as additional insureds as
their interests may appear.
(b) Automobile Liability
(i) SANDAG shall maintain $5 million of automobile liability
coverage. Upon request by Railroad, SANDAG shall provide
satisfactory evidence that it meets the insurance requirements of
this CMA.
6-.t1
(ii) The insurance shall indemnify against loss from liability imposed
by law for damages on account of bodily injury, property damage,
and personal injury. The automobile coverage shall cover all
owned, non-owned and hired automobiles.
(c) Workers Compensation. SANDAG shall cover or insure under the
applicable laws relating to workers' compensation insurance, all of their employees working on
or about the Right-of-Way, all in accordance with the "Workers' Compensation and Insurance
Act," Division IV of the Labor Code of the State of California and any Acts amendatory thereof.
SANDAG shall provide employers' liability insurance in the amount of not less than one million
dollars per accident for bodily injury and disease. By its signature hereunder, SANDAG certifies
that it is aware ofthe provisions of Section 3700 of the California Labor Code which requires
every employer to be insured against liability for workers' compensation or to lmdertake self-
insurance in accordance with the provisions of that code, and it will comply with such provisions
in connection with any'work performed on or in the ROW. Any persons providing services with
or on behalf of SANDAG shall be covered by workers' compensation (or qualified self-
insurance.) SANDAG waives any rights of subrogation against CITY, MTS, SDTI, SDTC,
SD&AE, SD&IV or any of their subsidiaries, and the policy form must permit and accept such
WaJ ver.
(d) Railroad Protective Insurance. SANDAG shall remove any exclusions
relating to performance of operations within the vicinity of any railroad, bridge, trestle, track,
roadbed, turmel, underpass, or crossing from its General Liability Coverage for both the self
insured and excess policies or purchase a separate Railroad Protective Liability policy.
(e) For any claims arising out of or connected with this CMA regarding the
maintenance of any device or appurtenance implemented under this CMA, and 'any negligent acts
or omissions on the part of SANDAG, its Board of Directors, officers, agents, contractors, or
employees, or SANDAG's operations or activities, SANDAG's insurance shall be primary
insurance to CITY, MTS, SDT!, SDTC, SD&AE, SD&IV, and their directors, officers,
employees, contractors, agents or authorized volunteers. Any insurance, self-insurance or other
coverage maintained by CITY, MTS, SDT!, SDTC, SD&AE, SD&IV, and their directors,
officers, employees, agents or authorized volunteers. shall not contribute to it. All policies and
coverages shall contain a provision for 30 days written notice by the Insurer(s) to the MTS
Contracts Specialist of any cancellation or material reduction of coverage. A ten-day notice is
required for non-payment of premium.
(1) SANDAG shall insure that every sublicensee, or contractor or
subcontractor rctained to perform the construction or maintenance of the Project, who enters
upon, uses, or performs any work upon the ROW by or on behalf of SANDAG shall provide to
Railroad evidence of insurance as follows:
(i) Commercial General Liabilitv. At all times during this contract
and, with respect to Products and Completed Operations Liability,
for 12 months following the acceptance ofthe work by Railroad,
Contractor agrees to maintain Commercial General Liability
6-4iZ
Insurance for bodily injury and property damage in an occurrence
fonn and with insurance companies acceptable to Railroad with
minimum policy limits of $5 million dollars (per occurrence) for
any general contractor and $3 million dollars (per occurrence) for
any sub-contractors. Commercial General Liability Insurance must
include coverage for the following:
. Premises/Operations Liability
. Aggregate Limits per Project
. Products/Completed Operations Liability
. No Explosion, Collapse, and Underground (XCU)
exclusion
. Contractual Liability, with respect to this agreemcnt
. Personal Injury Liability
. Broad Fonn Property Damage
. Independent Contractors
All such policies shall name in the endorsement the City of Chula
Vista (CITY), San Diego Metropolitan Transit System (MTS),
San Diego Trolley, Inc. (SDTI), San Diego and Arizona Eastern
Railway (SD&AE), San Diego and Imperial Valley Railroad
(SD&IV), San Diego Transit Corporation (SDTC), the San Diego
Association of Governments (SANDAG), and their directors,
officers, agents, and employees as additional insureds as their
interests may appear. All general liability coverages required
under this Paragraph 9.1(f) are PRIMARY and any insurance of
CITY, MTS, SDTI, SD&AE; SD&IV, SDTC, and SANDAG shall
be excess and noncontributory (endorsement required).
(ii) Automobile Liabilitv. At all times during this contract, Contractor
agrees to maintain Automobile Liability Insurance for bodily
injury and property damage including coverage for all owned,
nonowned, and hired vehicles at a minimum policy limit of $5
million dollars. All such policies shall name in the endorsement
City ofChula Vista (CITY), San Diego Metropolitan Transit
System (MTS), San Diego Trolley, Inc. (SDTI), San Diego and
Arizona Eastern Railway (SD&AE), San Diego and Imperial
Valley Railroad (SD&IV), San Diego Transit Corporation (SDTC),
the San Diego Association of Governments (SANDAG), and their
directors, officers, agents, and employees as additional insureds as
their interests may appear.
(iii) Workers' Comoensation/Emolover Liabilitv. At all times during
this contract, Contractor agrees to maintain Workers'
Compensation and Employers' Liability Insurance in compliance
with the applicable statutory requirements at a minimum policy
6-43
limit of $1 million dollars. Contractor waives any rights of
subrogation against CITY, MTS, SDTI, SD&AE, SD&IV, SDTC,
and SANDAG and the policy form must permit and accept such
waiver.
(iv) Railroad Protective Insurance. Contractor shall remove any
exclusions relating to performance of operations within the vicinity
of any railroad, bridge, trestle, track, roadbed, tunnel, underpass, or
crossing from its General Liability Coverage, or purchase a
separate Railroad Protective policy in the amount of$5,000,000 in
the name of SD&AE.
(v) All policies and coverages shall contain a provision for 30 days
written notice by the Insurer(s) to Railroad of any cancellation or
material reduction of coverage. A ten-day notice is required for
non-payment of premium.
8.2 Effective as of the assignment contemplated in Paragraph 12, the CITY, at
its sole cost and expense, shall procure and maintain the following insurance:
(a) General Liability
(i) The CITY shall maintain $15 million of general liability coverage.
The CITY is currently self-insured for its general liability
coverage up to $5 million and participates in a large risk pool
(CSAC-EWCPEIA) which provides excess coverage from $5
million to $15 million. The CITY may opt to place excess
coverage outside of CSAC-EIAlCPEIA with a similar progrmn at
any time during this CMA. Upon request by Railroad, the CITY
shall provide satisfactory evidence that it meets the insurance
requirements of this CMA. If the CITY increases the amount of
its self-insurance, the CITY shall notifY Railroad prior to the
change in coverage. If, following the meet and confer, Railroad
feels that the CITY's self-insurance level is insufficient, it shall
meet and confer with the CITY. If Railroad still feels that the
CITY's self-insurance level is insufficient, Railroad may require
the CITY to purchase a buffer policy of general liability coverage
to reduce the self-insurance amount to a level acceptable to MTS.
(ii) The coverage described above shall cover bodily injury (including
death) and property damage liability, owned and non-owned
equipment, and blanket contractual liability.
(iii) The policies shall not have endorsement limitations relating to
operations on or near railroad property.
6-4l4
(iv) All such policies shall name in the endorsement San Diego
Association of Governments (SANDAG), San Diego Metropolitan
Transit System (MTS), San Diego Trolley, Inc, (SDTT), San Diego
and Arizona Eastern Railway (SD&AE), San Diego and Imperial
Valley Railroad (SD&IV), San Diego Transit Corporation
(SDTC), and their directors, officers, agents, and employees as
additional insureds as their interests may appear.
(b) Automobile Liability
(i) The CITY shall maintain $15 million of automobile liability
coverage. The CITY is currently self-insured for its automobile
liability coverage up to $5 million and participates in a large risk
pool (CSAC-EIA/CPEIA) which provides excess coverage from
$5 million to $15 million. The CITY may opt to place excess
coverage outside of CSAC-EIA/CPETA with a similar program at
any time during this CMA. Upon request by Railroad, the CITY
shall provide satisfactory evidence that it meets the insurance
requirements of this CMA. If the CITY increases the amount of
its self-insurance, the CITY shall notifY Railroad prior to the
change in coverage. If Railroad feels that the CITY's self-
insurance level is insufficient, it shall meet and confer with the
CITY. If, following the meet and confer, Railroad still feels that
the CITY's self-insurance level is insufficient, Railroad may
require the CITY to purchase a buffer policy of automobile
liability coverage to reduce the self-insurance amount to a level
acceptable to Railroad.
(ii) The insurance shall indemnifY against loss from liability imposed
by law for damages on account of bodily injury, property damage,
and personal injury. The automobile coverage shall cover all
owned, non-owned and hired automobiles.
(c) Workers' Compensation. CITY shall cover or insure under the applicable
laws relating to workers' compensation insurance, all of their employees working on or about the
Right-of-Way, all in accordance with the "Workers' Compensation and Insurance Act," Division
IV of the Labor Code of the State of California and any Acts amendatory thereof. CITY shall
provide employers' liability insurance in the amount of not less than one million dollars per
accident for bodily injury and disease. By its signature hereunder, CITY certities that it is aware
of the provisions of Section 3700 ofthe California Labor Code which requires every employer to
be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and it will comply with such provisions in
connection with any work performed on or in the ROW. Any persons providing services with or
on behalf of the CITY shall be covered by workers' compensation (or qualified self-insurance.)
CITY waives any rights of subrogation against SANDAG, MTS, SDTT, SDTC, SD&AE, SD&IV
or any of their subsidiaries, and the policy form must permit and accept such waiver.
6-~5
(d) Railroad Protective Insurance. CITY shall remove any exclusions relating
to performance of operations within the vicinity of any railroad, bridge, trestle, track, roadbed,
tunnel, underpass, or crossing from its General Liability Coverage for both the self insured and
excess policies or purchase a separate Railroad Protective Liability policy.
(f) For any claims arising out of or connected with this CMA regarding the
maintenance of any device or appurtenance implemented under this CMA, and any negligent acts
or omissions on the part of the CITY, its Council, ofiicers, agents, contractors, or employees, or
the CITY's operations or activities, CITY's insurance shall be primary insurance to SANDAG,
MTS, SDTI, SDTC, SD&AE, SD&IV, and their directors, officers, employees, contractors,
agents or authorized volunteers. Any insurance, self-insurance or other coverage maintained by
SANDAG, MTS, SDTI, SDTC, SD&AE, SD&IV, and their directors, officers, employees,
agents or authorized volunteers shall not contribute to it. All policies and coverages shall contain
a provision for 30 days written notice by the Insurer(s) to the MTS Contracts Specialist of any
cancellation or material reduction of coverage. A ten-day notice is required for non-payment of
premIUm.
(g) CITY shall provide to Railroad evidence that every sublicensee, contractor
or subcontractor retained to perform construction or maintenance of the Project, or who enters
upon, uses, or performs any work upon the ROW by or on behalf of CITY, obtains and maintains
until 12 months following completion of all work, the policies of insurance listed below. No
work shall commence in the ROW until sufficient evidence has been provided to satisfy Railroad
that these insurance provisions have been met. Further, in the event a required insurance policy
is terminated or expires before all work is completed in Railroad's ROW, Railroad shall have the
right to stop all work until the required insurance has been obtained. For all periods that CITY
allows its sublicensee, contractor or subcontractor to perform work without the required
insurance in place, CITY shall be deemed liable to have named the sublicensee, contractor or
subcontractor as an additional insured under the se1f~insurance program identified in Section 9.2.
(i) Commercial General Liabilitv. At all times during this contract
and, with respect to Products and Completed Operations Liability,
for 12 months following the acceptance of the work by Railroad,
Contractor agrees to maintain Commercial General Liability
Insurance for bodily injury and property damage in an occurrence
form and with insurance companies acceptable to Railroad with
minimum policy limits of$l million dollars (per occurrence) and
$2 million dollars (aggregate limits per project) for any general
contractor and $1 million dollars (pcr occurrence) and $2 million
dollars (aggregate limits per project) for any subcontractors.
Railroad reserves the right to adjust the levels and amounts of
Commercial General Liability insurance required by the CITY's
general and subcontractors. Any changes to these levels and
amounts would be modified in the right-of-entry permit issued by
Railroad to the CITY's general and subcontractors based upon
Railroad's reasonable assessment of the nature of the work and the
6-lAJ
risk associated therewith. Commercial General Liability Insurance
must include coverage for the following:
. Premises/Operations Liability
. Aggregate Limits per Project
. Products/Completed Operations Liability
. No Explosion, Collapse, and Underground (XCV)
exclusion
. Contractual Liability, with respect to this agreement
. Personal Injury Liability
. Broad Form Property Damage
. Independent Contractors
All such policies shall name in the endorsement San Diego
Association of Governments (SANDAG), San Diego Metropolitan
Transit System (MTS), San Diego Trolley, Inc. (SDTI), San Diego
and Arizona Eastern Railway (SD&AE), San Diego and Imperial
Valley Railroad (SD&IV), San Diego Transit Corporation
(SDTC), the City of San Diego (CITY), and their directors,
officers, agents, and employees as additional insureds as their
interests may appear. All general liability coverages required
under this Section 9.2(g) are PRIMARY and that any insurance of
SANDAG, MTS, SDTI, SD&AE, SD&IV, SDTC, and the CITY
shall be excess and noncontributory (endorsement required).
(ii) Automobile Liabilitv. At all times during this contract, Contractor
agrees to maintain Automobile Liability Insurance for bodily
injury and property damage including coverage for all owned,
nonowned, and hired vehicles at a minimum policy limit of $5
million dollars. All such policies shall name in the endorsement
San Diego Association of Governments (SANDAG), San Diego
Metropolitan Transit System (MTS), San Diego Trolley, Inc.
(SDTI), San Diego and Arizona Eastern Railway (SD&AE),
San Diego and Imperial Valley Railroad (SD&IV), San Diego
Transit Corporation (SDTC), the City of San Diego (CITY), and
their directors, officers, agents, and employees as additional
insureds as their interests may appear.
(iii) Workers' Compensation/Emplover Liabilitv. At all times during
this contract, Contractor agrees to maintain Workers'
Compensation and Employers' Liability Insurance in compliance
with the applicable statutory requirements at a minimum policy
limit of $1 million dollars. Contractor waives any rights of
subrogation against SANDAG, MTS, SDTI, SD&AE, SD&IV,
SDTC, and the CITY and the policy form must permit and accept
such waiver.
6-41]
(iv) Railroad Protective Insurance. Contractor shall remove any
exclusions relating to performance of operations within the vicinity
of any railroad, bridge, trestle, track, roadbed, tunnel, underpass, or
crossing from its General Liability Coverage, or purchase a
separate Railroad Protective policy in the amount of$5,000,000 in
the name of SD&AE.
(v) All policies and coverages shall contain a provision for 30 days
written notice by the Insurer( s) to MTS 0 f any cancellation or
material reduction of coverage. A ten-day notice is required for
non-payment of premium.
9. Co-operation in Defense of Claims. The Parties agree to co-operate in good faith
to seek a prompt disposition, by way of dismissal or summary judgment, of any third party claim
or litigation alleging liability of any party to this CMA, based on the construction, maintenance
or operation ofthe Bikepath.
10. Default; Termination.
(a) In the event that SANDAG fails to perform any obligation under this
CMA, SANDAG shall pay all reasonable costs and expenses incurred by Railroad in obtaining
performance of such obligations, including costs of suit and reasonable attorney's fees. If
SANDAG uses the ROW for any purpose not expressly authorized by this CMA or fails to act
strictly in accordance with the terms and conditions of this CMA, and if such default is not
corrected within 30 days' notice from Railroad to SANDAG, Railroad may prevent SANDAG
from entering the ROW until the default is corrected. If Railroad determines that any default by
SANDAG does or has the potential to cause a danger to the ROW, light rail vehicle operations,
or railroad operations, and SANDAG fails or refuses to timely correct the default, Railroad may
perform such work as is reasonable and necessary to remedy the danger, and SANDAG shall
reimburse Railroad for all costs and damages so incurred for correcting the default. If SANDAG
fails or refuses to correct any default after such written notice, or refuses to timely reimburse
Railroad for the work required to remedy the danger, Railroad may, upon thirty (30) days
additional notice and in addition to any other remedy provided by law, terminate this CMA and
prevent SANDAG from entering the ROW thereafter.
(b) In the event that CITY fails to perform any obligation under this CMA,
CITY shall pay all costs and expenses incurred by Railroad in obtaining performance of such
obligations, including costs of suit and reasonable attorney's fees. If CITY uses the ROW for
any purpose not expressly authorized by this CMA or fails to act strictly in accordance with the
terms and conditions of this CMA, and if such default is not corrected within 30 days' notice
trom Railroad to CITY, Railroad may prevent CITY from entering the ROW until the default is
corrected. If Railroad determines that any default by CITY does or has the potential to cause a
danger to the ROW, light rail vehicle operations, or railroad operations, and CITY fails or
refuses to timely correct the default, Railroad may perform such work as is reasonable and
necessary to remedy the danger, and CITY shall reimburse Railroad for all costs and damages so
6-Wa
incurred for correcting the default. If CITY fails or refuses to correct any default after such
written notice, or refuses to timely reimburse Railroad for the work required to remedy the
danger, Railroad may, upon thirty (30) days additional notice and in addition to any other
remedy provided by law, terminate this CMA and prevent CITY from entering the ROW
thereafter.
(c) In the event Railroad fails to perform any of its obligations under this
CMA, SANDAG or CITY shall give Railroad written notice of the nature of the default and the
steps required to remedy the default. If the default is not cured within thirty (30) days of the
delivery ofSANDAG's or CITY's written notice, SANDAG or CITY may proceed to enforce its
rights and protect its interests under this CMA. Railroad shall pay all costs and expenses
incurred by SANDAG or CITY in obtaining performance of the obligations, and protecting
SANDAG's or CITY's interests hereunder, including costs of suit and reasonable attomey's fees.
In no case will any enforcement action modify the ownership or operation of the ROW.
(d) Termination of this CMA shall not release either party from any liability
or obligation hereunder resulting from an event which occurred before termination.
II. Assignment.
(a) This CMA, including the Durable Right of Entry Permit and the Licenses
conveyed herein, shall be automatically assigned to the CITY for operation and maintenance of
the Bikepath, upon the occurrence of the following events:
(i) SANDAG's filing of a Notice of Completion for the construction
project with CITY and RAILROAD; and
(ii) Written Notice of CITY's acceptance of the Notice of Completion.
SANDAG and the CITY agree to timely process the Notices described immediately above and
shall not unreasonably deny or delay the issuance of such Notices.
(b) City hereby accepts such assignment of rights and delegation of duties,
including, but not limited to, the terms of Paragraphs 4, 7 and 8.2, above, and additionally agrees
to perform all of the SANDAG's obligations under the CMA accruing on and after the Effective
Date. City further agrees to indemnify and hold SANDAG harmless trom any breach of CITY's
duties hereunder as Assignee.
(c) SANDAG's assignment pursuant to Section ll(a) and (b) above excludes
any obligations arising solely from SANDAG's construction of the Bikepath.
(d) All costs or other obligations incurred by SANDAG prior to the Effective
Date will have been paid or discharged and are not assigned to CITY.
(e) Railroad hereby agrees to the assignment of the CMA to CITY as set forth
above.
6-~
(f) There shall be no further assignment of the CMA without the written
consent of Railroad, which consent may be withheld for any reason.
13. Notices. All notices to be given under this CMA shall be in writing and either:
(a) Sent by a nationally recognized overnight courier, in which case notice
shall be deemed delivered upon actual receipt or one (I) business day after deposit with this
courier, whichever occurs first; or
(b) Sent by fax or similar means, if a copy of the notice is also sent by United
States Mail, in which case notice shall be deemed delivered on transmittal by facsimile provided
that a transmission report is generated reflecting the accurate transmission of the notice, as
follows:
SANDAG's Address for Notice:
Executive Director
San Diego Association of Governments
40 I B Street, Suite 800
San Diego, California 92101
CITY's Address for Notice:
Phone: (619)
Fax: (619)
Phone (619)699-1900
Fax: (619) 699-1905
MTS and SDAE Address for Notice:
Metropolitan Transit System/San Diego
and Arizona Eastern Railway
Attn: Manager of Real Estate Assets
1255 Imperial Avenue, Suite 1000
San Diego, CA 92101
Phone: (619) 595-4903
Fax: (619) 744c5986
The exercise of any and all rights provided to SANDAG by this CMA is also subject to
the notice requirements set forth in the ROE Permit, attached as Exhibit "C", for the construction
and maintenance of the Bikepath, prior to entry onto the ROW for any purpose.
These addresses may be changed by written notice to the other Parties provided that no
notice of a change of address shall be effective until actual receipt by the Parties of the notice.
Copies of notices, if any are so indicated, are for informational purposes only, and a failure to
give or receive copies of any notice shall not be deemed a failure to give notice.
14. Waiver. Any party's failure to enforce or exercise its rights with respect to any
provision hereof shall not be construed as a waiver of such rights or of such provision.
6-St
IS. Venue. This CMA shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this CMA, the action shall
be brought in a state or federal court situated in the County of San Diego, State of California.
16. Dispute Resolution.
(a) The Parties agree that they shall first meet, through their senior staff
representatives, to attempt to informally resolve any dispute that arises under this CMA.
(b) If the infornlal efforts are unsuccessful, then the Parties agree to
participate in mediation. Within five (5) business days of the request of any party, the parties
shall mutually agree on the person or alternative dispute resolution agency to conduct the
mediation. If the Parties are unable to agree on the person or alternative dispute resolution
agency to conduct the mediation, the initiating party may arrange for the office of the American
Arbitration Association in downtown San Diego, California, to perform the mediation. The
initiating party shall then schedule the mediation so that it is conducted within five (5) business
days of the mediator's appointment. The costs of the mediation and fees of the mediator, if any,
shall be shared equally by the Parties.
(c) Any dispute not resolved through the mediation required by paragraph (b)
of this Section, may proceed to litigation unless the Parties agree in writing to submit the dispute
to binding arbitration.
17. Term ofCMA.
(a) The term of this CMA shall be for the life of the Bikepath unless
terminated by Railroad. SANDAG shall be obligated to restore the Bikepath to its previous
condition upon termination of the CMA. The term of this CMA shall in no way affect the
termination provisions set forth in the License Agreement to Place Permanent Improvements in
the MTS/SD&AE Right-of-Way (License Agreement) wherein Railroad reserves the right to
terminate the License upon 180 days written notice at any time for any reason and upon 30 days
notice for failure or refusal to comply with or carry out any or all of the covenants contained
therein.
(b) SANDAG and the CITY shall each have the right to terminate this CMA
upon 60 days written notice. The terminating party shall be obligated to restore the Bikepath to
its previous condition within 90 days of the date of the written notice of termination.
18. Counterparts. This Agreement may be executed in counterparts, which when
taken together shall constitute a single signed original as though all Parties had executed the
same page.
IN WITNESS WHEREOF, the parties hereto have caused this CMA to be executed by
and through their respective officers duly authorized on the date written below their signatures.
6-S~
METROPOLITAN TRANSIT SYSTEM
By:
Paul C. Jablonski,
Chief Executive Otlicer
APPROVED AS TO FORM:
By:
Office of General Counsel
SAN DIEGO & ARIZONA EASTERN
RAILWAY
By:
Paul C. Jablonski, President
APPROVED AS TO FORM:
By:
Of Counsel
SAN DIEGO ASSOCIATION OF
GOVERNMENTS
By:
Gary Gallegos
Executive Director
APPROVED AS TO FORM:
By:
Office of General Counsel
CITY OF CHULA VISTA
By:
Richard A. Hopkins
Director of Public Works
APPROVED AS TO FORM AND LEGALITY:
By:
Deputy City Attorney
6-S~
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San Diego
Bayshore Bikeway
Maintenance Agreement
Exhibit B
Sheet 2 of 2
November 2010
MTS Doc. No. <##>
ADM 160.1
METROPOLITAN TRANSIT SYSTEM
AND SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY
RIGHT OF ENTRY PERMIT
1. Permission is hereby granted by the San Diego Metropolitan Transit System (MTS), a California
Public Agency, and/or the San Diego and Arizona Eastern Railway Company, Inc.
(SD&AE) (hereinafter called "Permitter"), to <NAME OF PERMITTEE> or its/their designee
(Permittee) to enter upon MTS and/or SD&AE property (as shown on the map attached hereto
and made a part thereof) for the purpose(s) of <STA TE PURPOSE HERE>.
This permission is granted with the understanding that the Permittee agrees to release MTS,
SD&AE, and its contract operator(s) San Diego Trolley, Inc. (SDTI), and San Diego and
Imperial Valley (SD&IV) Railroad from any liability arising out of Permittee's operations under
this agreement. Furthermore, Permittee agrees to assume responsibility for any damages
caused by reason of Permittee's operations under this agreement and will, at SD&AE's and/or
MTS's option, either repair or pay for such damage.
2. Prior to beginning work, Permittee shall have provided MTS with satisfactory certification by a
properly qualified representative of the Insurer(s) that the Permittee's insurance complies with
Section 8 "Insurance" of the Construction and Maintenance Agreement for the Bayshore
Bikepath, MTS Doc. No. G1345.0-11. Permittee shall also maintain the insurance required by
Section 8 at all times during the performance of the work authorized by this permit. MTS
reserves the right to stop Permittee work in the event of material noncompliance with the
insurance requirements set forth in Section 8.
3. Permittee shall at all times, defend, indemnify, and save harmless Permitter against, and pay in
full, all loss, damage, or expense, including attorney's fees, that Permitter may sustain, incur, or
become liable for, resulting in any manner from the construction, maintenance, use, state of
repair, or presence of Permittee's facilities and all necessary and proper fixtures and equipment
for use in connection therewith, including any such loss, damage, or expense arising out of
(a) loss of or damage to property and (b) injury to or death of persons, excepting any loss,
damage, or expense and claims for loss, damage, or expense resulting from the sole
negligence or willful act of the Permitter, its contractors, officers, agents, or employees.
6-59
4. The following condition(s) apply if checked:
A. 0" Permittee agrees to coordinate on a daily basis a reasonable access to all
MTS/SO&AE facilities with contract operators SOTI and SO&IV. Trolley
operations are generally from the hours of 4:00 a.m. to 2:00 a.m. the following
day. SO&IV freight trains operate during non-trolley hours.
B. 0" Permittee agrees to restore all facilities, improvements, landscaping, etc., to their
original condition by the completion of work.
C. 0" Permittee agrees that no work by itself or its authorized agent will interfere with
RailroadlTrolley operations.
O. 0" Permittee shall deposit with Permitter the sum of <WRITE DOLLAR AMOUNT IN
SMALL CAPS> dollars ($<DOLLARS >) representing the total non-refundable
permit fee in connection with said work. The total includes a five hundred dollar
($500) application fee and < WRITE DOLLAR AMOUNT IN SMALL CAPS>
dollars ($<OOLLARS>) for estimated costs incurred per Section 4.K, excluding
the costs for flagging.
E. 0" Permittee shall provide written notice to Judy Banister representing MTS, with
copies to Wayne Terry of SOTI, and Matt Oomen of SO&IV, a minimum of five
business days prior to the start of work on subject property and within 24 hours
after completion of work. MTS fax: (619) 231-3407, SOTI fax: (619) 238-4182,
SO&IV fax: (619) 239-5616.
F. 0" Permittee shall arrange a preconstruction meeting with Judy Banister
representing MTS at (619) 557-4501 to review procedure and possible facility
conflicts in the vicinity of the proposed work. No work shall begin without holding
the preconstruction meeting.
G. 0" Permittee shall obtain approval from MTS/SOTI/SO&AE/SO&IV upon completion
of work that all facilities have been restored to original or better condition.
Permittee shall submit in writing a notice of completion of work per Section 4.E
when work is completed in the right-of-way.
H. 0" Permittee shall maintain, at Permittee's expense, competent flagmen to protect
and control movement of vehicles and equipment of Permittee while upon
Permitter's premises. Work that involves personnel or equipment within 15 feet
of the centerline of any active track or as deemed necessary by SOTl's
Superintendent of Maintenance of Way must have an SOTI-supplied flag person
for the duration of the work. A Flagperson/Right-of-Way Work Request Form
must be submitted to SOTI a minimum of two business days prior to the
beginning of work.
I. 0" Permittee shall not store equipment, tools, and materials within 15 feet from the
centerline of any operable track. No vehicular crossing over Permitter's tracks
-2-
6-60
<MTS Ooc. No.>
shall be installed or used by Permittee without prior written permission of
Permitter.
J. 0 Permittee shall remove all of Permittee's tools, equipment, and materials from
railroad premises promptly upon completion of work, restoring railroad premises
to the same state and condition as when Permittee entered thereon.
K. 0 Permittee shall reimburse Permitter for all cost and expense incurred by
Permitter in connection with said work, plan review and approval, and permit
processing including without limitation the expense of furnishing such inspectors,
watchmen, and flagmen as Permitter deems necessary, and restoration of
Permitter's property to the same condition as when Permittee entered thereon, or
a condition satisfactory to Permitter's representative. Flagging will be billed
directly to the Permittee by SDTI and is not included in the fee per Section 4 D.
L. 0 Permittee shall perform all work in accordance with applicable California Public
Utilities Commission regulations and MTS LRT Design Criteria. Reflective safety
vest shall be worn at all times within the right- of- way.
M. 0 A power shutdown may be necessary for the work. Permittee shall fax the
attached Red Tag/Clearance Request form to SDTI at least two business days
prior to the start of work. Power shutdowns shall only be allowed during non-
operating Trolley hours.
N. 0 Permittee shall maintain safe pedestrian access to all trolley platforms and bus
stops at all times. A minimum five-foot-wide accessible pedestrian path through
the construction site shall be maintained at all times. The construction boundary
shall consist of a top and bottom rail constructed of 3/4-inch plastic pipe, OSHA
plastic mesh, or approved equal. Yellow caution tape is not acceptable.
o. D Permittee shall provide MTS with a set of as-built plans, hard copy and electronic
file if available, signed by a licensed engineer in the State of California within 30
days of work acceptance by MTS.
P. 0 Permitte shall maintain a copy of the executed Right of Entry permit at the site
during this work.
o. 0 Permittee shall contact Dig-Alert at (800) 422-4133 and Cable Pipe and Leak
("CPL") at (619) 574-0171 prior to any excavation in the Right-of-Way. SDTI
personnel shall accompany CPL for any markout of Trolley facilities.
R. 0 Permittee shall comply with the following special conditions:
-3-
6-61
<MTS Doc. No.>
5. This permission shall terminate upon completion of the above-described work or <DATE>,
whichever occurs first. Permittee may extend the term of this Permit for up to three (3) 60 day
periods upon written request of Permittee.
SAN DIEGO AND ARIZONA EASTERN
RAILWAY COMPANY
PERMITTEE
Board Member/Alternate
Signature
Date:
Date:
PERMITTEE Name and Address:
<name>
<Agency>
<Address>
<City, state, zip>
Phone Number: <phone number>
Attachment(s): Plan(s); Flagging Request Form
cc:
Judy Banister (MTS)
Wayne Terry (SDTI)
Matt Domen (SD&IV)
-4-
6-62
<MTS Doc. No.>
Bayshore Bikeway
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12' BIKE PATH
Exhibit C
Sheet 1 of 5
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- Limits of SD & AE right-af-way
Bike Path
LrD dGHf STANDAPOS ".ND PULU!OXES
TO EE MAINTAI'iED BY em or CHULA VIST4
40' SOME R,'W
EXISTING
P~'\l4TE
fE'ICE
10 flf WuIlT41r.EO Bt
CITi cr CHULA ~lSTA
VARIES
20'MAX
TO BE ~WNT~llifD 8'( Ml'S
vARIES, 20' \J'ir~~-I
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SECT/ON B-B
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MAP NOT TO SCALE
November 2010
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Bayshore Bikeway
Alignment Between J Street
and Stella Street in Chula Vista
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[12' BIKEP~;~
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LED UGHf SIANDAJiDS AND PUUBOXI.S
TO BE YAJNTAJNED at CITY OF CHUlA VISTA
40' SD&AE R/W
R/W
1'0 BE MAININl'lm BY
WY:JF CliULA VJST~
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ro BE 'MINTA/NE!) Bt Mrs
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SECTION B-B
NTS
Exhibit C
Sheet 2 of 5
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- Limits of SD & AE right-af-way
. Bike Path
MAP NOT TO SCAlE
November 2010
Bayshore Bikeway
Alignment Between J Street
and Stella Street in (hula Vista
Exhibit C
Sheet 3 of 5
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- limits-6fSD & AE right-af-way
, Bike Path
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17'_ Lm UGH, STAV{lARDS AND PUU90.\ES
TO BE MNNTAlllm 8Y CITY OF CHULA VlSTA
i 40' SO&At f/IW '
II TO BE MAINTAiNED BY
I ClfY OF CHlIlA VISTA
I VAR'ES
"O'MAX
R/W
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40' SOJ:A[ R/W
R/W
r06EMAiNfANEDBrMTS
VAR'ES,20 M,II
TO BE MA:lITNNfD fir
CiTY OFClJULA VISTA
TO BE !.1NNrNNED BY .ITS
VARIES 21'26.7
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SECTION C-C
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SECTION B-B
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MAP NOT TO SCALE
November 2010
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Bayshore Bikeway
Alignment Between J Street
and Stella Street in (hula Vista
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40' MTS R/W
BIKE PATH
VARIES 10'-12'
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m BE MAI'ITAINED BY
C,ry OF CHULA VIS/A
VAR'ts
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Exhibit C
Sheet 4 of 5
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- Limits of SD & AE right-af-way
, Bike Path
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R/W
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40' SOdcAE R/W
TO BEMAINTA!Nm BYMrs
VARIES,2! 26.7
WBEWINT4INEDB'(
C!l'iorCHULAI/ISTA
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EX WALL--1i 1 8>;RI~~N
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TO BE MAJNrAINED 8\ !.ITS
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SECTION 0-0
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MAP NOT TO SCALE
November 2010
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Bayshore Bikeway
Alignment Between J Street
and Stella Street in (hula Vista
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f0 BE \/AiNTN/'fO BY
ClfYOrCfiULAV'STA
VAPlfS /0'-12' *
TO Bf MAINfA.NfD er Mrs
VARIES, 27' JO'
EXWALL~I
'~ (L'-I 8.5","
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.:~~yr.tt\~:\'1:'.0'Jv I
SECTION 0-0
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D' F[NCE-\j
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Exhibit C
Sheet 5 of 5
- - limits of SD & AE right-af-way
- ;"_.i),',,' Bike Path
f</W
MAPNOTTOSCAlE
November 2010
Exhibit D
List of Maintenance Activities to be Performed by City of Chula Vista
Sweeping
Graffiti removal
Light repairs
Sign maintenance
Minor pothole repair
Painting
Weed abatement
Tree trimming
Maintenance of chain link fence located between bike path and existing railroad track
6-YB