HomeMy WebLinkAboutCC Reso No 1964-1142
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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"'.
-
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' 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 ~~..
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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.
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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.
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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
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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.
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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
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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
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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
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21. ROUTE DESCRIPTION
ROUTE
NO.
L~NGTH
1-11 LES
74
1~83
71
3.05
I
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~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.
~
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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
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.'
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.
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ROUTE NO.
74
71
LENGTH MILES
1.83
3.05
MAXIMUM EXPENDITURE PER MILE
500.00
0.00
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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
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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
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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
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Mr. D. R. Crane
City Engineer
City of Elsinore
Post Office Box 416
Elsinore, California
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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.
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