HomeMy WebLinkAboutCC RESO 9120RESOLUTION NO. 9120
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROVING AGREEMENT FOR MAIN-
TENANCE OF STATE HIGHWAY IN THE CITY
OF NATIONAL CITY
WHEREAS, the State of California, through its
Department of Public Works, Division of Highways, has pre-
sented an Agreement for Maintenance of the State Highway in
the City of National City effective as of May 3, 1966, and
to remain in effect until amended or terminated.
WHEREAS, the City Council has heard read said
Agreement in full and is familiar with contents thereof;
THEREFORE, be it resolved by the City Council of
the City of National City that said Agreement for Mainten-
ance of the State Highway in the City is hereby approved
and the Mayor and the City Clerk are directed to sign the
same on behalf of said City.
PASSED AND ADOPTED this 3rd day of May, 1966.
ATTEST:
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY
IN THE CITY OF NATIONAL CITY
`1'HIS AGREEMENT, made and executed in duplicate this..
day of
, 19 , by and between the Department
of Public Works of the State of California, acting by and
through the Division'.of Highways, hereinafter called the
"Department" and the City of
to as "City".
NATIONAL CITY hereinafter referred
WITNESSETH:
1. RECITALS: The parties desire to provide for the maintenance
of State highway routes r.thin the City as provided in Section
130 of the Streets and Highways Code, and to arrange herein for
the particular maintenance functions to be performed by the City
and those to be performed by the Department and to specify the
terms and conditions under which such work will be performed.
2. AGREEMENT: This Agreement shall supersede all previous
Agreements and Amendments which have been executed.
In consideration of the mutual covenants and promises
herein contained, it is agreed:.
The City will .perform such maintenance work as is
specifically delegated -to it and the Department will perform
those; particular,:tunctions:of maintenance. not otherwise assigned
to the City on the State highway routes -or: portions. thereof all
as hereinafter described under Section 21•and 22 hereof or as said
sections may be subsequently modified with the consent of the
parties hereto acting by 'and through their authorized represent-
ative..
3. i•IAINTENANCE DEFINED: Maintenance is defined in Section 27
of the Streets and Highways Code as follows:
Sec. 27 "(a) The preservation and keeping of rights -of -way, and
each type of roadway, structure, safety convenience
or device, planting, illumination'equipment and
other facility, in the safe and usable condition to
which it has been improved or constructed, but does
not include reconstruction or other improvement.
(b) Operation of special safety conveniences and
devices, and illuminating equipment.
(c) The special or emergency maintenance or repair
necessitated.by accidents or by storms or other
weather conditions, slides, settlements or other
unusual or unexpected damage to 'a roadway, structure
or facility.
The degree and type of maintenance for each highway,
or portion thereof, shall be determined in the
discretion of the authorities charged with the main-
tenance thereof, taking into consideration traffic
requirements and monies available therefor."
4. DEGREE OF MAINTENANCE: The degree or extent of maintenance
work to be performed and the standards therefor shall be in accord-
ance with the provisions of Section 27 .of the Streets and Highways
;Code and the provisions of this Agreement as hereinafter specified
or as may be prescribed from time to time by the District Engineer.
"District'Engineer", as used herein, means the Assistant State
Highway Engineer or District Engineer of the Division of Highways
assigned to the territory in which the City is located, or his
authorized representative.
5. LEGAL RELATIONS AND RESPONSIBILITIES: .Nothing in the provisions
of this Agreement is intended to affect the legal liability of either
party to the contract by imposing any standard of care respecting the
maintenance of State Highways different from the standard of care
imposed by law.
-- 2
It' is understood and agreed that .neither the State,
the Department, nor any officer or employee thereof is responsible
for any damage or liability occurring by reason of anything done
or omitted to be done by the City under or in connection with
any ;cork, authority or jurisdiction delegated to the City under
this Agreement for Maintenance. It is also understoodand agreed
that, pursuant to Government Code Section 895.4, City shall fully
indemnify and hold State harmless from any damage. or liability
occurring by reason of anything done or omitted to be done by
City under or in connection with any work, authority or
jurisdiction delegated to City under this Agreement.
It is understood and agreed that neither City, nor any
officer or employee thereof, is responsible for any damage or
liability occurring by reason of anything done or omitted to be
done by the Department ander or in connection with any work,
authority or jurisdiction not delegatedto the City under this
Agreement fo'Maintenanc It is also understood and agreed
that, pursuant to Government Code Section 895.4, Department shall
fully indemnify and hold City harmless from any damage or liability
occurring by reason of anything done or omitted. to be done by
Department under or in connection with any work, authority or
jurisdiction not delegated to City under this. Agreement.
6. HIGHWAY, as used herein, refers to the whole right-of-way
which is secured or reserved to use. in the construction and
maintenance of the roadbed and roadsides as hereinafter described.
7. ROADBED means that portion of the roadway extending from
curb line to curb line or shoulder line to shoulder line.
8. IMPROVED ROADSIDES relates to the area between" the roadbed,
as defined under Section 7, and the right-of-way boundary lines,
--Including curb and sidewalk, as hereinafter described but
excluding drainage structures or waterways.
9. UNIMPROVED ROADSIDES relates to the area between the
,roadbed and right-of-way boundary wherein curbs and sidewalks
do not exist.
10. CURBS -relates to a timber or a masonry structure separating
or otherwise delineating the roadbed from the remainder of the
highway.
11. SIDEWALK applies to the paved or otherwise improved surface
area between the face of curb and right-of-way boundary,
including paved entrances or driveways.
-12. BRIDGES, as used herein, refers to structures of a span of
more than twenty feet (20') measured under the copings along the
centerline of the street and multiple span structures where the
individual spans are in excess of ten feet (10') measured from
center to center of supports along the centerline of the street.
All other cross drainage structures will be classified as
culverts.
•
ROUTINE MAINTENANCE
13. ROUTINE MAINTENANCE to be'performed on the roadbed or road-
sides shall consist of such work as patching, crack sealing, care
of drainage, upkeep and repair of bridges, culverts, guard rail,
median barriers, curbs, and sidewalks, operation of draw -bridges,
street .sweeping and cleaning, repair of damage and cleaning up
after storms and traffic accidents, control of roadside vegetation,
care of landscaped areas, trees or other ornamental plantings, mac_
and upkeep and operation of traffic service devices, all as
hereinafter specified.:
-4
Maintenance of landscaped areas or other ornamental
plantings will be performed and paid for by the Department. The
Department will not, however, perform the work or pay for the
upkeep and care of grounds or facilities used as a public park.
Routine tree maintenance shall be limited to minor trimming as
required to improve sight distance'or to the occasional removal
of dead or low overhanging limbs. Extensive tree reconditioning
work, spraying or removal are not routine maintenance operations
and will not be paid for unless such work is specifically author-
ized by the Department. The above shall not be construed as
restricting, prohibiting or otherwise relieving the City of the
responsibility for inspection and upkeep of trees in a manner
that will insure maximum safety to both vehicular and pedestrian
traffic.
Sweeping and cleaning shall be limited to the removal
of dirt or litter normally coming onto the roadbed from the
action of traffic Qr from natural causes. The Department will
not undertake nor pay for picking up or disposing of rubbish or
debris swept into or otherwise placed on the. highway from abutting
property. The extent of sweeping and cleaning on the State highways
shall not be greater than:customarily done on comparable city streets,
Maintenance work to be'performed within the area designated
as Improved Roadsides shall include the removal of dirt and litter
as referred to above and such sidewalk inspection and action to-
wards repair of sidewalks, curbs or other facilities as is necessary
to keep them in a.reasonably safe condition. The City agrees to
follow the same policy and procedure generally followed by it with
respect to streets of the City in the matter of requiring sidewalk
repairs and control of vegetation to be made by or at the expense
of abutting owners who are under legal obligation to perform such
work.
Maintenance of warning and regulatory signs, traffic
control devices, and highway lighting facilities as hereinafter
referred to shall include upkeep and repair of the supports, as
well as such other items which are an integral part of the
installation.
Care of landscaped areas, ornamental plantings, trees,
and road signs, and the upkeep and operation of traffic signals
and highway lighting facilities located or based within the
Improved Roadside area shall not be undertaken by City unless
such work is specifically delegated under Section 22 of the
Agreement.
Bridges, as defined under Section 12, will be
investigated by a representative of the Department'$ bridge
engineering staff once each year and oftener, if considered
necessary. In addition to such annual investigation, routine
maintenance to be performed under provisions of the Agreement
shall include monthly inspection of each bridge by qualified
personnel and immediate repair of the minor defects when the
cost does not exceed $300. The District Engineer
shall be.immediately notified of major defects as are hereinafter
defined.
Bridge repair work costing in excess of $300 on a single
structure shall be considered as being a major repair project.
Except in the case of emergency, such major repair projects shall
conform to the methods and procedure to be recommended by the
Department. -Major bridge repair is not a routine maintenance
operation and will require specific authorization.
TRAFFIC SERVICE
14. WARNING AND REGULATORY SIGNS shall conform to the specific-
ations adopted by the Department, or as otherwise specifically
authorized by the Department. Positioning of such signs shall
conform to standards adopted by the Department.
Unless specifically authorized, the Department will not
maintain or pay for maintenance of Regulatory Signs installed for
the purpose of stopping vehicular traffic at pedestrian or school
crossings nor the Regulatory Signs installed for the prohibition
or the regulation of parking.
15. TRAFFIC STRIPE AND PAVEMENT MARKINGS shall conform to the
standards established by the Department.
Except for the red "No Parking" zones at the approach
to and exit from intersections controlled by traffic signals, the
Department will not pay for curb painting or parking lines as
may otherwise be required for the regulation of parking.
The cost of maintaining pedestrian crosswalks at inter-
sections shall be shared between the Department and City in the
same ratio as the number of intersecting roads or streets under
jurisdiction of the respective agencies bears to the total number
of intersecting City streets, State highways and County roads
within the particular intersection; for example, a 50-50 basis
will apply to the regular cross -street intersection wherein a
County road is nota factor.
16. TRAFFIC SIGNALS, FLASHERS OR OTHER ELECTRICALLY OPERATED
TRAFFIC CONTROL DEVICES. The cost of maintaining and operating
traffic signals or other electrically operated traffic control
devices now in place or those which may hereafter be installed
at ti-ie intersection of any State highway route and any City street
shall be shared between the Department and the City on the basis
of the number of intersection streets in the same manner specified
for crosswalks under Section 15.
17. HIGHWAY LIGHTING: The Department will not pay for the
maintenance, installation, repair servicing, nor power for
electroliers nor ordinary street lighting; however, lighting at
intersections, when required for the safety of persons using the
streets, roadways or highways, will be paid for when approved and
specifically authorized by the District Engineer.
Where such lighting has been specifically authorized at an inter-
section, the maintenance and operating costs thereof shall be
shared between the Department and the City on the basis of the
number of intersecting streets to the intersection in the same
manner specified for pedestrian crosswalks under Section 15.
18. TRAFFIC CONTROL DEVICES AND HIGHWAY LIGHTING FACILITIES as
defined under paragraphs 16 and 17 above, which are installed
subsequent to the execution of this Agreement, shall become
subject to the terries and conditions of this Agreement upon. notice
to the City from the Department of the completion of any such.
installation..
PERMITS
19. ENCROACHMENT PERMITS: When authority to issue Encroachment
Permits is .delegated to the City, the authority shall pertain to
all parts of the highway throughout the particular length of
streets indicated under Section 22 of the Agreement. Periiits shall
be issued on a form provided by the Department and the City will
8
furnish a co)py of each permit to the Department. The City agrees
to follow such general State policies regarding encroachments as
may be specified by the District Engineer. Routine permits shall
be handled by the City without approval, but prior approval of the
District Engineer shall be secured before. any permit is issued for
the original installation of any utility line, commercial driveway,
or other major encroachment within the highway right-of-way. No
sign or marquee shall be permitted to be installed within or
project beyond the curb line or theoretical curb line, and no
sign of any kind except warning signs at railroad crossing shall
be permitted to be suspended over the roadway. Marquees or signs
extending over the sidewalk areas shall conform to the City's
Building Code and shall be maintained in a good appearing and
structurally safe condition at all times. An existing sign or
marquee suspended or projecting over the State Highway that
constitutes a hazard shall be immediately repaired or removed.
If the City by ordinance or other regulation imposes
more restrictive regulations and requirements regarding signs and
•
marquees than above set forth, nothing in these provisions shall
be construed to prevent the City from enforcing such restrictive
regulations in the grantingor refusing of permits with respect
to any State highway.
The Department will pay for the cost of inspection of
such signs, marquees, and other encroachments as a part of maint-
enance, provided that the City shall comply with its usual policy
with respect to collecting costs from permittees in such cases as
fees or charges are,made-.by the City for similar work on City
•
streets. Any amount so collected by the City with respect to
any State highway shall be credited against the charges made
by the City for such work.
20. TRANSPORTATION PERMITS: Transportation permits will be
required for all vehicles and their loads which exceed the
limitations specified under Division 15 of the California
Vehicle Code. Where authority to issue Transporation Permits
is delegated to the City, such authority shall pertain only
to travel that originates and terminates within the corporate
limits and it shall not apply to through haul transportation.
In issuiAg such permits, the City shall follow the policies
and regulations established by the Department for the issuance
of transportation permits as set out in the Department's.
Maintenance Manual of Instructions in effect at the -time such
permits are issued, including, specifically,limitations upon
the crossing of bridges and overerossings detailed in Section
26.63.and $Pate.-118 thereof.
- 10 -
21. ROUTE DESCRIPTION:
Route Length
No. Miles
1.07
5(a) 1.03
•
Description of Routing
• Montgomery Freeway from south city
limits approximately 0.13 mile :-south
of Thirtieth Street to Thirteenth
Street, a length of approximately
1.07-miles.
San Diego Freeway from Thirteenth
Street to north city limits at
Division. Street, a length of approx-
imately 1.03 miles.
0
2 . DELEGATION OF MAINTENANCE: 'The maintenance work to be per-
formed by City and/or. Department shall conform to the provisions
hereof and shall include those operations as. hereinafter indicated:
Agency. to perform Work
Rte. N.
Rte. No.
Rte. No. I Rte. No
•
5
5(af
>,
c'ii
-N
A
C
4-)
A
0
4
A
y,
0
J
G
Item maintenance
No. Function
Roadbed
i Improved Roadside
((((((Unimproved Roadside
r pridges and Culverts
Guide Signs
Warning Signs
Regulatory Signs
Traffic Stripe
0 Pavement Markings
Traffic Signals
Highway Lighting
Guard Rail
Median Barriers
Sweeping & Cleaning
(Landscaped Areas
(Trees
Curbs and Sidewalks
ISSUANCE OF PERMITS
x
x
x
x
x
x
x
x
•
•x
x
x
x
x
x
x
x
x
x
x #
x
x
x
x
x
•
x:
x
•
•
x
(1)
x
(2)
( Lf
x
x
x
x
_(3)
x
x
x
x
x
x,
Encroachment ,.
Transportation
When and as. specificallyauthorized by the Assistant State Highway
Engineeras provided under Section 13 hereof,.
1 •Length of street to be cleaned Curb.Miles.
2 Length of street, to be cleaned Curb Miles.
3 • Length of street to be cleaned Curb Miles.
4 Length of street to be cleaned Curb.Miles.
23. EXPENDITURE AUTHORIZATION: The Department will reimburse
City for actual cost of all maintenance work performed by City
as delegated under Section 22, but it is agreed that during any
fiscal year, the maximum expenditure per mile on any route shall
not exceed the amount as shown on page 14 hereof (of the Agree-
ment), unless such expenditure is revised by an amende.d_.Agree-
mant or other?•;ise adjusted or modified as hereinafter provided
for.
The expenditure per mile for routine maintenance work
as referred to above may be increased or decreased or an additional
expenditure for specific projects may be made when such specific
work or adjustment of expenditure for routine maintenance is
specifically authorized in writing by the State Highway Engineer
or his authorized representative. Additional expenditures or
adjustment of expenditures thus authorized shall apply during
the fiscal year designated therein and shall not be deemed to
permanently modify or change .the basic maximum expenditure per
mile as. hereinafter specified. An adjustment of the maximum
expenditures shown on page 14 hereof (of the Agreement), either
increase or decrease, shall not affect other terms of the
Agreement.
Route • Length
No. Miles
Maximum Expenditure Per Mile
1.07 None
5(a) 1.03
•None
24. SUBMISSION OF BILLS: The Cit hall submit bills monthly
for the work performed. Equipment shall be charged at mutually
acceptable rental rates and labor and material at actual cost.
Not to exceed fifteen percent may be added to the actual cost
of equipment, materials and labor to, cover overhead costs..
25. TERM OF AGREEMENT: This Agreement shall become effective
Julv 1 , 1965 , and shall remain in full. force and
effect until amended or terminated.
The Agreement as above may be amended or terminated at
any time upon mutual consent of the parties thereto or upon
thirty days' notice by either party thereof to the other.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written.
Approval recommended: CITY OF NATIONAL CITY
By
District Engineer Mayor
Maintenance Engineer
Approved as to form:
Attorney
Department of Public Works
City Attorney
By
City Clerk
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORXS
DIVISION OF HIGHWAYS
3 . C . WOMACK
State Highway Engineer
By
Deputy State Highway Engineer
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF OF STATE HIGHWAYIONAL CITY PINOTHEGCITYLOF NN TIONLL CITY MAINTENANCE
—
;•HEREAS, the State
of Public Works, Division of
for Maintenance of the State
effective as of
until amended or terminated.
WHEREAS, the City Council has heard read said Agreement
in full and is familiar with the contents thereof;
THEREFORE, be it resolved by the City Council of the
City of NATIONAL CITYhat said Agreement for Maintenance of
the State Highway in the City is hereby approved and the Mayor
and the City Clerk are directed •to sign the same on behalf of.
said City.
of California ,i Ehrough its Department
Highways, has presented an Agreement
Highway in the City of
NATIONAL CITY
r 19 , and to remain in effect
ADOPTED this day of , 19
Mayor of the City of NATION L CITY
I hereby certify that the foregoing resolution
and regularly passed by the City Council of the City of
at a regular meeting thereof held 19_
was duly
NATIONAL CI`A'Y
Clerk of the City of