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HomeMy WebLinkAboutCC Reso No 1964-1142 , . . ,.,.,-,-,.,", -. RESOLUTION NO. 1142 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELSINORE APPROVING AGRE&~ENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF ELSINORE WH~niA$. the State of Oa11forn1a, throulh 1t. Oepartment of Public Works, Division of Highways, has presented an Agreement for Maintenance of the State highway in the City of Elsinore effective as of and to remain in effect until July 1, 1q64 amended or terminated. ~mEREAS, 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 that said Agreement for Maintenance of Elsinore 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_ ADOPTED this //~_d day of /~~ , 196:9"'. - ~.~~ ' Mayor of the ty of . ~~--R,/ Attest. ~n~tf~. I hereby certify .that the foregoing resolution was duly and regularly passed by the City Council of the City of d~~~'<--e/ at a regular meeting thereof held .~~ ./~ , 19~. J~fft~ Clerk 0 the 8 ty 0 ~~.. -16. ",..~.o AGRE~lENT FOR MAINTENANC3 OF STATE HIGHWAY IN THE CITY OF ELSINORE THIS AGREEMENT, made and executed in duplicate this 1st day of July , 1964 , by and between the Department of Public Works of the State of California, acting by and through the Division of Highways, hereinafter called the "Departmentlt and the City of Elsinore , hereina1'ter re1'erred to as "City". WIT N E SSE T H: 1. RECITALS: The:parties desire to provide for the maintenance of State highway routes within the city as provided in Section 130 01' the Streets and Highways Code, and to arrange herein for the parti- cular 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. AGREE}:lENT : 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'perrorm those particular functions of maintenance not otherwise assIgned to the City on the State highway routes or portions thereo1' all as hereinafter de- scribed under Section21 and 22. hereof or as said sections may be subsequently modified with the consent of the parties hereto acting by, and through their authorized representatIve. 3. f/iAINTENANCE DEF'INED: fl'Iaintenance is defined in Section 27 of the Streets and Highways Code as follows: Sec. 27. n(a) The preservation and keeping of rights-of-way, and each type of roadway, structure, safety convenience or device, planting, illumination equipment and other racility, 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 or 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 moneys available therefor." 4. DEGREE OF MAINTENANCE: The degree or extent of maintenance work to be performed and the standards therefor shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the provisions 01' 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 District Engineer or Assistant State Highway 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 liabili ty 01' ei ther 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. ar~ref\cl L:wt r.ei Uk l' Lhe State I the Department, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895.4, City shall fully indemnify and hold State harmless from any damage or liability occurring by reason of any~hing done or omitted to be done by City under or in conneotion with any work, authority or jurisdiction delegated to City under this Agreement. It is understood and agreed that neither City, nor any orticer or employee thereof, 1s responsible for any damage or liability occurring by reason .of anything done or omitted to be done by the Department under or i.n connection with any work, authox-ity or jU1'11diotion not delegated to the City under this Agreement for Maintenanoe. It i8 also unde~8tood and agreed that, pursuant to Government Code Section 895.4, Department shall fully indemnity and hold City h~less fram any damage or liability occurring by. reason or 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. -3- ROUTINE MAINTENANCE 13. ROUTINE MAINTENANCE to be performed on the roadbed or roadsides shall consist of such work as patching, crack sealing, care of drainage, upkeep and repair of bridges, culverts, guard -4- rall, median barrlers, curbs and sidewalks, operation of draw- brldlol, street sweeplng and cleaning, repair ot damage and cleaning up arter I~O~S and traffic accldents, ,control or road- slde vosetatlon, oare ot landscaped areas, trees or other orn_ental plantln88, and upkeep and operation ot tratrlo service devicel, all a. be~inatter .pecitied. Malntenance at landlcaped are.. or othe~ ~rnamental plant- lng. wl11 be pertoNed and pald tor b,. the DepU"tIlent. The Department will not, however, perform the work or pa7 tor the upkeep and care ot grounds or tacilities uled a. a publlc park. Routlne tree maintenanoe .hall be 1 tmi ted to minor trtmmt08 &I requtred to impl'o"1e sight distance or to the oooastonal removal ot dead or low overhanging 11mbs. Extena tve tree recondi tioni08 work, .pr..,.tns 01' r.oval are not routine maintenance operattoDl and w111 not be pald tor unle.. suoh work 1s sp.oltlcall,. author- t.ed b,. the Department. The above shall not be OOM trued aa r.stricting, probibitins 01' otherwi., relievins the oit,. ot the re.poaalblltt,. tor lnap.otlon and upkeep ot tree. tn a manner that wtll iMure .ax~um .&tet,. to both vehioular and pede.trtan trattio. S1feep~DS and olaanins .hall be 112l1ted to the remov.al ot' el1rt oZ" litter nOI'll&117 oOl&ins onto the YOAdbecl frQID the actiOft ot traftio 01' tl'oa natural oauae.. The Depar.ent ,,111 not under- . take DOl' par tor ploklns up 01' ell.po.lac ot ~bbi.h 01' debrll Iwept lDto or otherwlle plaoed on the hlgb"a,. tro. abuttlns prop.rt,. '1'be extent ot ."eepIDS and o1eanins on the State highwa,.llhall not be I"at.r than outOl&&I'117 done on camparable 01t7 Itreetl. -s- Maintenance work to be performed witLin the area designated as Improved Roads ides shall 1 nc Iude the removal of dirt and Ii tter as ref~rred to above and such sidew9.lk inspection. and action towards 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 requirillR sidewalk repairs and control of vegetation to be made by or at the expense of abuttinp; owners who are under legal obligation to perform such work. Maintenance of warning and regulatory signs, traffic control devices, and hi~hway 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 operatt on of traffic signals and hl~hway 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's bridge engineering staff once each year and oftener, if considered necessary. In addition to such annual investigation, routine maintenance to be performed under provis ions of the Agreement shall include monthly inspection of each bridge by qualified personnel and immediate repair of the minor 'lefects when the cost does not exceed $300. The District EnRtneer shall be l~~edlately notified of major defects as are ..6- h~reinafter deftnp.d. I1ridp;e repair work costinp; in Axcess ofuaa on a single structure shall be considered as bein~ 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 bridee repair is not a routine maintenance operation and will require specific authorization. TRAFFIC SERVICE 14. WARNING, AND REGULATORY SIGNS shall conform to the specifications adopted by the Department, or as otherwise specifically authorized by the Department. Positioning of such signs shall conform to standards adopted by the Depart- ment. 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 Ci ty 1n the same ratio as the number of intersecting roads or streets under -7- jurisdiction of the T'~spective a"~iHj':ies bears to the totBl ilwn';' r of Intersectln~ City Streets, State Hi~hways and County ~o&ds , , wi thi n the particular intersection; for example, a .50-50 bas is will apply to the regular cross-street intersection wherein a County Road is not a factor. 16. TR~FFIC SIGNALS, FLASHERS OR OTHER EL~CTRICALLY OPERATED 'rRt\FFIC CONTROL DEVICES: The cost of maintaining and operating traffic signalS or othe~ elect~ically ope~ated traffic control devices now in place or those which may hereafter be installed at the intersection of any State highway route and any City street shall be shared between the Department and the City on the basis of the number of intersection st~eets 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 electro- liers nor ordinary street lighting; howeve~, lighting at intersections, when required for the safety of persons using the streets, roadways or hl~hways, will be paid for when approved and specifically authorized by the Dist~ict Engineer. Where such lighting has been specifically authorized at an intersection, the maintenance and operating costs thereof shall be shared between the Department and the City on the basts of the number of intersecti.ng streets to the intersection tn the same manner specified for pedestrian crosswalks under See tion 15. . 18. TRAFFIC CONTROL DEVICES AND HIGHWAY LIGHTING FACILITI~S as <iefined under paragraphs 16 and 17 above, which are installed subsequent to the execution of this Ap,reement, shall become subject to the terms and conditions of this Agreement upon notice to the _('_ City from the Department of the completiun of any such installa.tion~ PERMITS 19. ENCROACHMENT PERMITS: When authority to issue Encroachment Per.mits is delegated to the City, the authority shall pertain to all parts of the highway throughout the particular length of streetl indioated under Seotion 22 ot the Agreement. Pa~ite shall be 11.ued. on a torm provided by the Department and the C1ty wil.l furnilh a eopy ot eaoh permit to the Department. The Ci t,. agreils to tol10w luoh seueral State polioies regarding enoroaohments as ~ar be .peoitied by the Distriot Engineer. Routine pe~lt8 shall be h&D4led br the 01t7 without approval, but prior approval ot the Di.triot Bnsiaeer .1'11.11 be .eoured betore aOJ permit 1s issued ro~ the orlgiaa1 laata11atlon ot an, utilitl line, cammerolal drlvewaY$ or oth.r ma30r .noroaobment "i thln the 1'11g1'1wq :right-ot-wal. No I11D or marqu.. .h1l1 be p.~itted to b. lD1tal1ed wlth1n or projeot b'70D4 the o\D'b 11ae or theor.tloal ourb 11ae, and no slgn or I.nJ kin4 .xcept warD-iDS .11DS at rallroad oro..las' .hall b. permitted to b. .u.pendelS 0,..1' the roadwa,.. Marquee. or 11SDl extlndlns o,.er the .ld.wa1k &I'll. .hall oontoN to the a,ltf'. Bulldlng Ood.e anlS .hall be malntalned In a good appearing an4 st:ruotural11 late oondltlon at all tlme.. An exl.tlns slgft or marque. suspended or pro3eotlag over the State hlghwa7 that oonstitutes a hazard shall be lJIIm.edlate17 repalred or removed. It the 01t7 br o:rdlnance Qr othe:r regulation 1mposes more :restriotlve regulatlons and requirements regarding signs and marquees than above set forth, nothing in these provisions shall be oonstrued to p:revent the City from enforcing such restriotive regulations in the granting or refusing of permits with respect -9- -10- 21. ROUTE DESCRIPTION ROUTE NO. L~NGTH 1-11 LES 74 1~83 71 3.05 I i ~d' ..'-.....'~..',~"..,-"_,..,."'-.,=.:, ~>.~. .~~~._,~ _ '. ~ .... _ _ ~".'_ DESCRIPTION OF ROUTING Lakeshore Drive from west city limits at Matich Street to Graham Avenue, along Graham Avenue from Lakeshore Drive to Main Street and Main Street from Graham Avenue to north city limits near Minthorn street, a length of approximately 1..83 miles.. From south city limits at Malaga Road to north city limits approximately 600 feet southeast of Second Street, a length of approximately 3.05 miles. ~ ..11- 22. DELEGATION OF M.\IN'l'ENANCE: The maintenance work to be perfon::od by City and/or Department shall conform to the provisions hareo! and shall include those operations as herainafter indicated: AGENCY TO PERFOro.~ i'JORK Item MAINTENANCE FUNCTION No. ~Roadbed............. 1 (Ioproved Roadside... (Unimproved Roadsido. 2 Bridges and Culverts (Guido Signs......... (~arning Sig~s....... - (Regula tol'7 Signs.... 3 (Traffic Stripe...... (Pavement Markings... (Traffic Signals..... (High\-1ay Lighting..... (Guard Rail.......... (Median Barriers..... 4 Sweeping & Cleaning S*(Landscapad Areas.... (Trees............... 6 Curbs and Sidewalks.. ISSUANCE OF PEID{(TS RillE. NO. R'l."E. NO. R"r'.i:i:. NO. r RtEo .&0. 74 71 >. ~~I ! >. ~ >. ~ >. I~ .j.) t:l. ~ t:l. .j.) t:l. ~ t:l. .,.. <D "f"i Q) "f"i (l) "f"i C) c X xU x x x ,- x x x x x x , X- x x x x :x: x :x: x :x: :x: - x ( 1) x ( 2) (3) (4) x x x x - J x x Encroachment......... x x Transportation.. . . . .. l!I. X :x: x * When and as specifically authorized by the District Engineer as provided under Section 13 hereof. ~ ~~ (3) (4) Length of street to be cleaned 1.94Curb miles. w " " "" ~ "" " " " n" n n ft " " " "". " ft -12- .' 23. EXPC:NJI'I'URE AUTHORIZATION: The Department will r'eirlburse City for actual cost of all maintenance work performed by City as delegated umer Section 22, but it 'is agreed 'th,at ,duri~ any fiscal year, the maximum expenditure per mile on any route shall not exceed the amount as shown on page 14 hereof (of the Agreement), unless such expenditure is revised by an amended Agreement or otherwtse 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 expenditure shown on page 14 hereof (of the Agreement), either 1 ncrease or decrease, shall not affect other terms of the Ap,reeme nt. -1)- ROUTE NO. 74 71 LENGTH MILES 1.83 3.05 MAXIMUM EXPENDITURE PER MILE 500.00 0.00 -14- 24. SUBMISSION OF BILLS: The City shall submit bills monthly for the work performed. Equipment shall be charged at mutually acceptable - rental rates and labor and material at ac~ual cost. Not to exceed fifteen per cent may be added to the actual cost of equipment, materials and ~abor to cover overhead costs. 25. TERM OF AGREEMENT: This Agreement shall become effec ti ve July 1. 1964 and shall remain in full force and effect until amended or terminated. The Agreement as above may be amended or terminated at any t~me 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 ELSINORE B1~~~ ayor District Engineer Maintenance Engineer C1tf~- < .~"'~ Approved as to fo~ and procedure: STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION-OF HIGHWAYS J. C. WOMACK STATE HIGHWAY ENGINEER Attorney Department of Public Works City Attorney By Deputy State Highway Engineer By -15- STATE OF CALIFORNIA-HIGHWAY TRANSPORTATION AGENCY DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS DISTRICT VIII, P. O. BOX 231, SAN BERNARDINO EDMUND G. BROWN, Governor May 13, 1964 (t 9-1 Mr. D. R. Crane City Engineer City of Elsinore 130 South Main Street Elsinore, California Dear Mr. Crane: Attached are six copies of Page 12 of the Maintenance Agreement between your City and the State. This agreement was mailed to you by letter of May 1, 1964. Please substitute this page in lieu of the Page 12 already in the Agreement mailed to you. This is needed to correct an omission in the delegation of maintenance. Very truly yours, C. V. KANE District Engineer BY~ R. L. Redden District Maintenance Engineer Att. STATE OF CALIFORNIA-HIGHWAY TRANSPORTATION AGENCY DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS DISTRICT VIII, P. O. BOX 231, SAN BERNARDINO EDMUND G. BROWN, Governor May I, 1964 r f' ~"" t7 't .".., f,<, /~"1,..j> A:"~,e"t4."~,,.,.,, .. ~......~'^ .l-,:i:,:t::.:,,~.f r'''''- A t' ,p,iI!L, -c;<..1A.'U.-"-"~"'" ' ~./t::L.," ~~ du ~.L~..Z". ,) /) ,'tt, "":,,.-f' .(..v I-.~.~ ,t:J-., ~..~-'.." L r ~f c.,..{- f~,,,,,-~,-'-L~, ~~'-p:J l.t., ~,.( t""'",..,......J'"..".......~ .. ",;.-- 9-1 .d,...: ti.,.../ (:,'h.....,..! -^"c:.. ~,..ll..., I ;:z;t'-'-7 /"J..j.~"j qu...,.t.. ,1:1 t _ ~ "rfc:.., .,,<A)_,I! C'" '/ . :5/2 ..> 1 "<' { r.t~..(.. .LJ. {) I / ",,,, Mr. D. R. Crane City Engineer City of Elsinore Post Office Box 416 Elsinore, California "'v\.t. u/' ":".+/>",,P'" ...~ "">L,"'e. ~!'~~l"Y (,:t., ~ ,.'t", i I (";..M. Dear Mr. Crane: Attached are the original and five copies of a new Maintenance Agreement between your City and the State of California covering the maintenance of State highways within the City. This new Agreement supersedes all presently existing agreements between the State and the various cities in District VIII. This action is required due to the extensive revising of the former Agreement form. Primarily, we have added a ~old harmless clause necessitated by the enactment of Government Code Section 895.4 by the California State Legislature at a recent session. We believe you will be pleased to note that Section 24 of the new Agreement will allow the cities to be reimbursed for overhead charges where the State highways are maintained by Ci ty forces. ' Some of our former agreements with cities delegated the control and regulation of parking to the city. This feature has been eliminated from all maintenance agreements with cities throughout the State. It will, therefore, be necessary that the cities follow the procedure set forth in Section 22506 of the California Vehicle Code where it is necessary to regulate parking along State highways in your City. When the Agreement has been approved by the City officials, will you please arrange to secure the necessary signatures, the City Council resolution number, and the date Mr. D. R. Crane -2- May 1, 1964 of adoption, and return the original and four copies to this office. A completed copy will be returned to you after the necessary State official signatures have been obtained. Also attached for your guidance is a Sweeping Schedule for your City. This is intended as a guide to the maximum amount that would normally be allowed for sweeping the State highway within your City. Very truly yours, C. V. KANE District Engineer By fZ Y- rf1do&~ R. L. Redden . District Maintenance Engineer Att. 2: o t-3 tr:J .. etl-i)tr.JI-cIQ olietOI-j OI-j(l)P3 I-i) ~ (I) p" I-j (I) W P' Cl>Qetetl3 (I) I-j... 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