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HomeMy WebLinkAboutCC Res 1802 1969-08-18 _. . ' , ! I 1 I I I I I , , I \ I I I j , , I ',1 , , ' Resolution Number RESOLUTION NO. /111..:l-- RESOLUTION OF THE C~ OF THE CITY OF SEA.L REA.CH APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF SEAL BEACH 'WHEREAS, the State of California, through its Department of Public WorkS, Division of Highways, has presented an Agreement for Maintenance 01' the State highway in the City of Seal Beach effective as of November 1 r 1969 and to remain in effect until amended or terminated. "lH3REAS, the City Council has heard read said Agreement in full and is familiar with the contents thereof; THEREFORE, be it resolved by th~ city Council of the City ot Rp.::Il ReR~h that said Agreement for Maintenance of , the State highway in the City is hereby approved and ~he Mayor and the City Clerk ar~ directed to sign the same on behalf of said City. ADOPTED this /1-# day " 19f4. ' ,4. the City 0 Attest: Seal Beach I hereby certify that the foregoing resolution was duly and regularly passed by the City Council 01' the City of Seal Beach .- " ..... ..... ~. --. .. ......... - ""'" . "'.... .' ~~ ~. - .... ~ .- Seal Beach at ~ regular meeting thereof held // , 194. . . - , . - '- -' '".. :- '.' ., , ,'" -16- - Resolution Number hereinafter definod. Bridp;e repair work costing in flxcess of !~300 on a single structure shall be .considered as being a major repair project. Except in the case of emergsncy, 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. I men,!;. Unless Rpeclflcally authorized, the Department will not maintain or pay tor maintenance of Regulatory Signs install~d for the purpose,of stopping vehicular traffic at pedestrian or school crossin~s.nor the Regulatory Signs installed for the prohibition or the'regulation of parking. I 15. TRAFFIC STRIPE AND PAVEMENT MARKINGS shall conform to I the Standards established by the Department. , I Except for the red "No Parking" zones at the approach to and exit from intersections controlled by trar~1c slgnn1s, the Department will not pay for curb painting or parking lines as may otherwisd 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 ~ -7- \ - I I' " Resolution Number' . ' ~uri8diction of the respective aF,6ncies bears to the total number of intersecting C1ty Streets. State Highways and County Roads with1n the 'particular intersection; for. example, a 50~50 basis will apply to the regular cross-street intersection wherein a County Road is not a factor. 16. TRAFFIC SIGNALS, FLASHERS OR OTHER ELii:CTRICALLY OPERATED TR~FFIC CONTROL DEVICES:' The cost of maintaining and operating traffic Signals or other electrically 9perated 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 interseotio~ streets in the s~e ma~er specitied for crosswalks under Section 15. ,17. HIGHWAY LIGHTING: The Department will not pay for the maintenance. installation. repair. Bervici~, nor power for electro- liers nor ordinary street lighting; however, lighting at intersections. , , when required for the safe~y of persons using the streets. roadways or hi~hways. w~ll be paid for when approved and specifica1l~ authorized by the District Engineer. Where such lighttng has been specifically authorized at an.intersection. the maintenance ~nd 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 th~ same manner specified for pedestrian crosswalks under Section'l>. 18. TRAFFIC CONTROL DEVICES AND HIGHWAY LIGH'rING FACILITHS as defined under pRraRraphs 16 and 17 above, which are installed subsequent to the execution of this Agreement, shall become subject to the terms snoi conoittions of this Agreelll'1nt upon notice, to the _li. -\,- . ' . , I I , I' ,. I " . Resolution Number Cit~ tram the Department ot the completion ot any such ln~tallatlon. PERMIT$ 19. ENCROACHMENT PERMITS: When authorlty to) issue Encroachment Permlts ls delegated to the Clt~, ,the authority shall pertain to all parts ot the highwa,. throughout the partioular length ot streets indloated under Sectlon 22 ,ot the Agreement. Pe~its shall be issued on a torm provided b7 the Department and the Clt,. 11'111 turntah a COP}' ot eaoh permit to the Department. The City agrees to tollow suoh geDeral State poUohs regarding encroaohments as . . may be speoitled b,. the Dtatrlot Englneer. Routlne permits shall be handled by the Clty without approval, but prlor approval ot the ntstrlot Engineer shall be secured betore anT permlt ts lssued tor the original installation 01' anT utility Une, cOIlIIIIerclal driveway, or other ma30r enoroaohment wlthin the highway rlght-ot-way. No slgn or marquee shall be permitted to be installed within or project beyond the curb 11118 or theoretical oUrb 11ne, and no algn or anT kind except warnlng elgne at ra111'Oad crossings shall be pe~ltted to be suspended over the roadwa,.. Marquees or slgns extending . over the sidewalk ~ea !Shall cont'orm to the alty' s Bulldl~ Code and shall, be maintained in a good appearlng and struoturally sal'e , I I ' oondi tlon at all times., An exlstlng 8lgn or marquee suspended or projectlng over the State hlghway that cOl1lltltutes a hazard shall be immedlatel,. repalred or ,removed. It the City by ordinance or other regulation imposes more restrlct1ve re,pllatlons and requlrements regardlng slgns and marquees th~n above set rorth, nothing In these provisions shall be cOl1lltrued to prevent the City fram ent'orclng such restriotive regulations In the granting or retusing ot permits with respect -9- " - I, I -- Resolution Number "'-'" to any. State highway. The Depertment will pay for the cost of inspection of such signs, merquees, and other encroachments as a pert ot maintllnanoe, provided that the Citr shall comply with its usual policy with respect to collecting costs tram permitees in such cases as tees 01' charges SJOe made br the Citr tor similar work on City streets. Any amou~t so collected by the City with respect to anr State highway shall be oredi ted against the charges made by the City tor s'uch work. , . 20. TRANSPORTATION PERMITS: Transportation permits will be required tor all vehicles and their loads which exceed the ltMitations specitied under Division 1$ ot the Cslifornia,Vehicle Code. Where authort ty to issue Transportation Permits 1s delegated to the C1ty, s~ch authority shall pertain only to travel that originates and term1nates within the corporate limits and 'it shall not apply to through haul transportation.' In issuing such permtts, the City shall follow the policiee and regulations established. by the Department tor the issuance ot transportation permits as set out in the Department'it Maintenanoe Manual ot Instructi~ns in eftect at the time such permits are issued, lnclud1ng, spec1fically, limitations upon the crossing of bridges and overcrossings detailed in Section 26.6) and Plate 116 thereot. -10- - I 1 . ' 07-0ra-S1B' 21. ROUTE DESCRIPTION ROUTE NO., LENGTH MILES 2.79 1 22 0.67 405 3.ltl 605 . 0.93 - . ., " Resolution Number 11-1-69 DESCRIPTION OF ROUTING . PACIFIC COAST HIGHWAY from southeast city limits at centerline of Anderson Street to north city limits at Orange and Los Angeles County Line, a 1ength of approx- imately 2.79 miles. , Note: Included in the above limits is a portion of Orange County territory from approximately l.OIt miles south- east of Bay Blvd. to approximately 0.62 mile southeast of Bay Blvd., a length of approximately 0.1t2 mile, which will be maintained by' the Cit~ GARDEN GROVE FREEWAY from west city limit at Los Angeles-Orange Count~ line.to west junction of the San Diego Freeway, Route 405; a length of approximately 0.67 mile. SAN DIEGO FREEWAY from east city limit at Bolsa Chica Road to northwest city limit at Los Angeles-Orange County line; a length of approximately 3.ltl miles. ROUTE 605 FREEWAY from the Garden Grove Freeway to approximately 1t75 fe~t north of the San Diego Freeway, a length of approximately 0.93 mile. -11-. " ,i -- Resolution Number 07-0ra-SlB ' 11-1-69 22. DSLEGATION OF MAINTENANCE: The maint.enance work to be, pertol'll8cl , , by City and/or Department shall con!Orll to the pron.SiOlUl hereot aeel shall include those operations as hereinafter indicatedJ ]; .te. MAINTENANCE FUNCTION RTI5. . AGEN~ T~ PiI~ ~~RJ: ItT~. ~ Ho. , 1. 22 405' 605' ...... to ~ to ~ ~ t to ~ .... . .... . . .... . Co) Q Co) Q Co) Q Co) Q , (Roadbed.........~... X X X X 1 iI.proved Roadsid.... X X ~ ~ Unimprov.d Roadside. y 'V' 2 'Bridges and Culverts y 'V' f~' y' .. . Guide Si;ns......... X X X X Warning igns....... X X X X Regulatory 5igns.... X X X X ) Traffic Stripe...... , X X X X Pavement Markings... X X X X Traffic Signals..... X X X X Highway L1gh.ting.... X X X X X Guard Rail.......... ~ X ~ X M.dian Barrier...... y ..,. 4 SWeeping & Cleaning y (1) y (2 'V' (3) 'V' (4) 5*fLandSCaped Areas.... ~ ~ ~ ,x Tre................. 'V , 6 Curb. and Sidewalk..,., 'V y 'V v ISSUANCE 0' PERMITS EncroachmeDt. '. . . . . . .. ~ ~ ! ! T!"afts'Dol"tation -. . ..-=. . . ~~... I: I · WheD and as specitically authorized by the District Engineer a. provided under Section 13 hereot. '121) Len~h at street to be cleanod ". ,R Curb m11es. ) . "." "" " nnn It " ?) " " " "" " n , nn " It At) " " " "" .. n n(}" " (5') Department will maintain bridges. .l? - , , I I Res61ution Number '. , , 23. EXP!!:WlTURE Atf'i'i-iORIZATLO~~ The ti~PQrtment wlll reimburse Clt;y tQ~ ~~tual eomt ~r all ma1nt~nan~8 work p~rrormed br Cit7 a8 delBf!ie.tt~d under 3~c':-;lon 22, b'~~ it 1s agreed that dU1"lng an;r flsoal ~lU', the ma..r.ilaum expllnd1'litt':'$ par mile on arrr route shall . not excEl4ld ttul SlIlount. .ll8 shown 011 page 14 }'oAr.ot (ot tbe Ag:reement), unless Buch exP~nd1tur$ is :r9vlme~ by an amended Agreement 01' otherwise ~djust~d or modified ac b~~.l~fter provided tor. The ~:r.pel'l.d1tUl'. per 91119 teX' :!'uut1ne'maintenanoe work at r.fe:rZ'~d'to abav~ may be lno~~a&ed ~~ decreased o~ an additional expend1tul'\S for sp9aitlc pZ'oject:ll !l:f.;Y be made when such Ipeo1f'1o work oX' adjuataent of ~:pondltur9 to~ ~outine maintenanoe is .peoitical:i.y QuthOJ'b.d in tf1"ltli'1g'b;Y ~h. State Highwa7 Eaglne.f' 01' hiB authQrized l'epZ'eB9ntattV$~ Additional expenditure. or ad3usto1fJnt. Qt expenditures tb"..a G.u:lir.otthed shllll app17 d ux'ing the fiacc,l 1'"ar designfl.ted theMi:r.. arl.a iShall DOt be de.e4 to pe1'lll..n*~\tlf 1110dlf'".r or ~hll.nglll tho bli'.l!!io iIlax1mum expendi~U1"e per. mile as h~~olnafter sp.olfled. An adjustment ot the m~1mum exp.nditljJ"t~ shOWYl OIl :p~e:e 14 lurl!U:lt (ot the Agreement), e1thGI" , , d$OI'flS\8C1 ~ lJ'hall net sff19ct othel" te1'lllll ot the increase o~' Agreement .1 ~ 1", - ;".-' ',' .- - . f'" .. ' 07.,Ora-S1B !!Q3LTE NO. 1 22' lt05 ' 605 . , I -" I LENGTH MILES 2.79 0.67 3.41 0.93 - .<P~: ..... -ll~- Resolution Number . ll-J.-69 MAXIMUM EXPENDITURE PER'MILE $ 2500.00 0.00 0.00 0.00 . - I' I" . , I I ... Resolution Number , 24. SUBMISSION OF BILLS: The City shall submit bills monthly., provided, however, that no bill for less than $100 shall be submitted, except once each quarter. Equipment shall be charged at mutual!y 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. 25. TERM OF AGREm.l:ENT: This Agreement shall become effective November 1. 1969 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 Recommende " CITY OF SEAL BEACH , ..'"104 - _ . , -C, Ul-<~ ngineer - fi/ - Maintenance Engineer Approved as to form and procedure , State of California Department of Public Works Division of Highways J. A. LEGARRA STATE HIGHWAY ENGINEER Attorney Department of Public Works 'By Deputy State Highway Engineer City Attorney By ,. Form HM-59 FEB 69 Rev -15- - , . I 'I Resolution Number " AGREEr.ENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF SEAL BEACH THIS AGREEMENT. dayot~ . Works at the State at Iyd made and executed in duplicate this 19~. by and between the D~~artment ot' Publio California. acting by and through the Division 01' Highways. hereinafter called the "Department" and the City of Seal Beach . hereinafter referred 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 a_ provided in Section 130-of the Streets and Highways Code. and to arrange herein tor the parti- cular maintenanoe functions ,to be performed by the City and those to be performed ,by the Department and to speoify the terms and conditions under which such work will be performed. ,2. AGRE:i!l'lENT: " '!'his Agreement shall supersede all previous ~greements and Amendments which have been executed. In consideration or the mutual covenants and promises,herei~ oontained. it ~s agreed: The City will perform such maintenance work as is specifically delegate~ to it and the Department will perrorm those particular functions of maintenance not otherwise assigned to the City on the State hignway routes or portions thereof all as hereinafter de~ scribed under Section 21 and 22 hereof or as said sections m&y be subsequen'tly modi1'led with the consent 01' the parties hereto acting 'by and thr<?ugh their authorlzed'representatlve. - ,I I Resolution Number, .' ," 3." MAIN'l'ENANCE DEFINED: Maintenance is dofined 1n Section 27 ot the Streets and Highways Code as tollows: Seo. 27. "<.a) '!'he preservation and keeping ot rights-ot-way. and each type ot roadway. struoture, satety conveni~oe or device, planting. illumination equipment and other raoility, in the sate and usable condition to whioh it has been improved or constructed, but does not include reconstruction or other improvement. " , ,(b) Operation ot special sate~y convenienoes and devices. and illuminating equipment. ,', (0) The apeoial or' emergency maintenance or repair neoessitated by accidents or by storms or other weather conditions. slides, settlements or other unusual or unexpeot~d damage to a roadway, struoture or taoillty. - The degree and type of maintenance tor eaoh highway. or portion thereat, shall be d~termined in the disoretion ot the authorities charged with the main- tenanoe thereot. taking,lnto consideration tratt~ requirements and inone,s availa'[\le therefor." 4. DEGREE OF MAIN'l'ENANCE: '!'he degree or extent of maintenance work to,be performed and the standards ~herefor ohall be in accordance with the provisions of Section 27 of the streets and Highways Code and the',provis1ons of this Agreement as hereinafter specified or as may be #resorlbed from time to time by the District Engineer. "Distriot Engineer". as used herein, MeIt.ns the' D.istrict El'1gineer or , . - Assistant State Highway Engineer of the Division of Highways assigned to the territory. In which the city is located, or his authorized represe~tatlve. S., L3GAL R~ATIONS A~D RESPONSIBILITIES: Nothing in the provisions , , ot this Agreement is intended to affect the legal liability of oither party t~ the contract by imposing any standard of care respecting the ~aintenance of State highways different from the standard of , oare,1mposed by law. ';'2- - " , , . , I I Resolution Number It is understood and. agreed that neithcp the State, the . ' Department, nor any officer or employee thereof is ~sponsible for any damage or liability occurring by reasorl of anything done or omitted to be done by the City under or in connection with . , any work, authority or jurisdioti~n d~legated to the City under this Agreement for Maintenanoe. It is also understood and agreed that, pursuant to Government Code Section 895.4, City shall tully indemnity aDd hold State harmleu from any d.amage' or liability' - occurring by reason of all11ihlng 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 aRreed that r~ither City, nor all1 o1'ficer or employee thereof, 18 l' ~sponllibla for any damage or liability occurring by reason of anything done or omitted to bfl done by the Department under or in connection with any work, ~uthority or jurisdiction not delegated to the ~ity under this Agreement for Main~enance. It is ~uo understood and agreed ' that, pu%'suant to Government Code Section 695.4, Department shell tully ind~mnity arid hold City harmlefl& t'ZOO1ll any dll1llage or ltabll1 ty ! ' , occurring by reason 01' a!17thing done or omitted to be done by Department under or in connection with any work, s.uthority or ju%'isdiction not delegated ~o City uruie~ this Ag%'eement. 6. HIGWNAY, as used herein, refers to the whole right-ot-way which is secur~d or reserved to use in tho construction and maintenance of the %'oadbed and %'oadsldes as hereinafte%' described. -3- .' - Resolution Number t 7. HOADl:lfo~1J means' that portion of the ro~dway extending .,' from curb line to curb 11ne or shoulder line to shoulder line. 8. IMPROVED ROADSID8S relates to the area between the roadbed, as defined'under Seotion 7, and the ri~ht-of-way ,boundary linAs, including ourb and Sidewalk, as hereinafter desc~ibed but excluding drainage structures or waterways. 9. UNINl'I10VED ROADSIDES relates to the area between the , I , , roadbed and rir;ht-of-way boundary wher-ein curbs and sidewalks do not exist. 10. CURBS relates to a timber or a masonry struoture . , separatinr. or otherwise delineating the roadbed from the remainder of the hiRhway. 11. SIOEWALK applies to the paved or otherwise improved surface area between the face or curb and ri~ht-of-way boundary, includ~ng paved entranoes or driveways. 12. BRIDGES, a~ used herein, refers to structures of a span of 1Il0re than twenty feet (201 ) measured ,under the copings alo-np; the centerline of the street and ~ultiple span struct\~es where the individual spans ~re in excess of ten feet (101) lIleasured from center to oenter of support-s along the centerline of the ~ - . ,street. All other cross drainage structures' will be classified I as culverts. ROUTINE MAINTENANCE 13. 'ROUTINE MAINTENANCE to be perform:1d on the roadbed or roadsides. shall consist of such worlc as patChing, crack sealing, care of drainage, upkeep and repair of bridges, culverts; guard -4- " I I - Resolution Number , ra1.1,. med1.an blU'riers, curbs and sidewalks, operation of draw- bridges, street 8w~ping,and cleaning, repair ot damage and cleaning,up after s~orms and traffic accidents, control ot road- aide vegetation, care of landscaped lU'eas, trees or other ornlllllental plant1n~, and upkeep and opel'ation of traffic service, devices, all as hereinafter speCified. Maintenance of landscaped areas or otheJ' pl'll8IIIental plant- 1ng8 w11l be pel'fomed and paid tor b:r the DeplU'tllent. Ths DeplU'tmsnt w11l not, however, perform. the work or pa:r tor the upkeep and clU'e ot grounds or faoilities used as a public plU'k. Routine tree maintenance shall be limited to lIIinol' tri!llll1ing as , , I'8quil'ed to illlprove, Sight distancn or to the occasional removal ot dead 01' low overhanging limbs. Extensive tree reconditioning work, ~prayi~ 01' removal lU'e not routine maintenance operations and w111 not be paid tor unleu such work is specifically author- ized by the DeplU'tment. The abow shall not be oonstrued as restricting, prohibiting or otherwise relieving, the ~ity of the responsibility for inspeotlon and upkeep of trees in a manner that, will insure maximum 8atet:r to both vehicular and pedestrian traffic. Sweeping and cleaning 8hall be limited to the removal ot dirt 01' litter nomai17' coming onto the roadbed trom the action ot trattic 01' trom natural causes u The DeplU'tment w11l not under- take nor P&7 tor ploklng up or disposing ot ~bbl8h 01' debris swept into or otherwhe placed 011 the h1ghway trom. abutting propert7. Tb.e extent ot sweeping and cleaning on the State blghwa7s shall not be greater than oustomlU'117 aOM on cOlllplU'able city streets. -s- - I I . _"0____ _ .____ _.__ ___ _ __ .__ '.. ___A _ ___ I -. _ .--.- Resolution Number .' ~aintenance work to be performed within the area ~esignated as Improved Roadsides shall include the removal of liirt and litter as rererred'to above and such sidewalk inapection and action towards , repair ot sidewalks, cUZ'bs or ~ther facilities as 18 neCeSUI.,. to I,ceep thelll in a reasonab17 sare con~1ticn. The Cit7 agrees to toll ow the s8llle poliC7 and procedUZ'e genel'a1l7 followed b7 it with . , , respect to streets ot the Cit7 in the matter ot requiring s~dewalk 'repall's and control of' vegetation to be lIIads b7 or at the expenae ot abutting owners who are under leg~l obligation to pel'torm such wol'k. Maintenance of warning and reguJ,at01'7 signs, trarff,.c control devices, and highwa7 lighting tac~lities as hereinafter reterred to, 'hall include upkeep ,a~ repair of the supports, as, well ~s such 'ot~er it8llls which are an integral part of the i~tallation. Care ot landscaped areas, ornBm'ental plantings, trees, and, road signa, and the upkeep and operation of traffic signals and hi~way lighting tacilities located or baaed within the ImproYed Roadside area shall not be undertaken by City unless such work is specifically delegated under Section ~2 of the Agre8lllent. Bridges, as de tined under Section 12, will be investigated - . by a representative of the Departmentl s bridge engineering statt " once each year and oftener, if conaidered necessary. In addition ,to such annual investigation, routine maintenance to be performed under 'provisions of' the AgreeJl1ent shall include month17 inspection of each bridge by qualif'ied personnel and immediate repair of' the minor def'ects when the cost does not exoeed $300. The District Engineer shall be immediately notif'ied of major defects as are -6-.