HomeMy WebLinkAboutC-917 - Maintenance of State highway in City of Newport BeachAGR3r,r ENT FOR MAIWT4ilANCE OF STATE HIGHWAY IN THE CITY
OF NEWPORT BEACH
THIS AGREEMENT, made and executed in duplicate this
day of , 19,k�, by and between the Department of Public
Works of he State of California, acting by and through the Division
of Highways, hereinafter .called the "Department" and the City of
Newport Beach , heminafter referred to as "City ".
W 1 T N E S S E T H:
1. RECITALS:
The parties desire to provide for the maintenance of State
highway routes within the city as provided in Section 130 of 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. 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
functions of maintenance not otherwise assigned to the City on the
State highway routes or portions thereof all as hereinafter de-
scribed 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 representative.
VII - Ora -NptB 7-1-64
3. MAINTENANCE DEFINED: Maintenance is defined in Section 2'7 of they
Streets and Highways Code as follows:
Sec. 27. "(a) The preservation and keeping of rights- vf.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 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 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 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 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-
VII- Ora -NptB
7-1-64
It is understood and agreed that ne ?.th--r 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 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 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 under or in connection with any work,
authority or jurisdiction not delegated to the City under this
Agreement for Maintenance. It is also understood and agreed
that, pursuant to Govarnment 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 is connection with any work, authority or
jurisdiction not delegated to City under this Agreement.
b. HIGFWAY, 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-
VII - Ora -NptB 7-1-64
7. ROADBED means that portion of the roadway extending
from curb line to curb line or shoulder line to shoulder line.
f), 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 (201) measured under the copings along
the centerline of the street and multiple span structures where
the individual spans are in excess of ten feet (101) 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
roadsides shall consist of such work as patching, crack sealing,
care of drainage, upkeep and repair of bridges, culverts, guard
-4-
VII -Ora -NptB
7 -1-04
rail, median barriers Oorbs a,.d sidewalks, operation of draw-
bridges, street sweeping and cleaning, repair of damage and
cleaning up after storms and traffic accidents, control of road-
side vegetation, care of landscaped areas, trees or other
ornamental plantings, and upkeep and operation of traffic service
devices, all as hereinafter spscified.
Maintenance of landscaped areas or other prnamental plant-
ings 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 or from natural causes. The Department will not under-
take 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.
-5-
VII- Ora -NptB
7 -1-64
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 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 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 investigeted
by a representative of the Departmentls 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
-6-
VZI- Drs -A1ptB 7 -1-64
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
specifications adopted by the Department, or as otherwise
specifically authorized by the Department. PosI1?ic,,c:Ing of
such signs shall conform to standards adopted by the Depart-
ment*
Unless specifically authorized, the Department will ncf.
maintain or pay for maintenance of Regulatory Signs iratsI.J.^c!
for the purpose "f 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 approc.c'±i t
and exit from intersections controlled by tra ` c 5r. .:.i.1;:i, thr
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
-7-
VII - Ora -,Npt
7-1-054
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
('-)unty Road is not a 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 the intersection of any State highway route and any City street
shall be shared between the Department and the City on the basks 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 electro-
liers 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 intersection, 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 sane manner specified for pedestrian crosswalks under Section'15.
18. TRAFFIC CONTROL DEVICES AND HIGHWAY LIGHTING FACILIMI S as
defined under paragraphs 16 and 17 above, which are installed
subsequent to the execution of this Agreement, shall become subject
to the terms and conditions of this Agreement upon notice to the
i
C
VII - Ora -NptB T -1-64
City from the Department of the completion of any such installation.
PERMITS
19. ENCROACHMENT PERMITS: When authority t.o t3s-,1e Encroachment
Permits is delegated to the City, the authority shall pertain to
all parts of the highway throughout the particular leng! : -3 of
streets indicated under Section 22 of the Agreement. F's:•mtts shall
be issued on a form provided by the Department and the City will
furnish a copy 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, commeroial 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 crossings shall be permitted
to be suspended over the roadway. Marquees or signs extending
over the sidewalk area shall conform to the City's Building Code
and shall be maintained in a good appearing and struoturally 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 granting or refusing of permits with respect
-9-
VII - Ora -NptB
to any State highway.
7 -� -54
The Department will pay for the cost of inspection of such
signs, marquees, and other encroachments as a part of maintenance,
provided that the City shall comply with its usual policy with
respect to collecting costs from permitees 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 Transportation 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 issuing 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 overcrossings detailed
in Section 26.63 and Plate 118 thereof.
-10-
VII - Ora -NptB
21. ROUTE DESCRIPTION
ROUTE LENGTH
NO. MILES
0
7 -1-64
DESCRIPTION OF ROUTING
la 1.95 COAST HIGHWAY from Newport Boulevard,
Rte. 55, to Irvine Avenue produced, a
length of approximately 0.60 mile for
this portion; also,
COAST HIGHWAY from the CL at Avocado
Avenue to the ECL, a length of approxi-
mately 1.35 miles for this portion;
a total length of approximately 1.95 miles.
lb 4.50 COAST HIGHWAY from the northwest CL near
the old channel of the Santa Ana River
to Newport Boulevard, a 'length of
approximately 1.79 miles for this portion;
also,
COAST HIaff%dAY from Irvine Avenue produced
to the CL at Avocado avenue, a length of
approximately 2.71 miles for this portion;
a total length of approximately 4.50 miles.
55 0.97 NEWPORT BOULEVARD from Finley Avenue to
the NCL at 15th Street, a length of
approximately 0.97 mile.
73 2.04 MACARTHUR BOULEVARD from Coast Boulevard,
Rte. 1, to the north city limit near
Ford Road, a length of approximately
2.04 miles.
-11-
u II- Ora -lvntB ' -1 -J4
22. DELEGATION OF MAINTENANCE: The maintenance work to be performed
by City and /or Department shall conform to the provisions hereof and
shall include those operations as hereinafter indicated%
Item MAINTENANCE FUNCTION
No.
la I lb 1 55 1 '73
v
a
o
M
a
v
c�i
a
a
o
a
X
X
X
5
5
X
X
X
X
X
5
X
X
X
X
(Roadbed....,,.,,,,,.
1 (Improved Roadside... x
(Unimproved Roadside. X
2 Bridges and Culverts
X
Guide Signs.......ee
Warning Signs.......
(Regulatory Signs,..,
3 (Traffic Stripe......
(Pavement Markings...
(Traffic Signals.....
(Highway Lighting.... X
(Guard Rail..........
(Median Barriare ... ..
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
X
X
X
X
(1)
y
(2
(3)
1 X
(4
4 Sweeping & Cleaning X
5 *,(Landscaped Areas....
(Trees ...............
X
x
X
X
6 Curbs and Sidewalks..
X
30
Y
_ x
ISSUANCE OF PERMITS
Encroachment.........
X
a When and as specifically authorized by the District Engineer as
provided under Section 13 hereof.
(1) Length of street to be cleaned 7.80 Curb miles.
2 w w n n n w n n
w n n w n n � . nL
(3) w w
(4) n n n n n » n on n w
(5) The City will do the work of removing dirt and litter
from the roadsides,
-12-
VII - Ora -NAts3
23. EXPENDITURE AUTHORIZATION: The Department will reimburse
City for actual cost of all maintenance work performed by City
as delegated under Section 220 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 Agreement),
unless such expenditure is revised by an amended Agreement or
otherwise 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
increase or decrease, shall not affect other terms of the
Agreement.
-13-
Y lI- Ora -T7ptS • ...�-
7
ROUTE NO. LENGTH MILES MAXIMUM EXPENDITURE PER MILE
la 1.95 $2500.00
lb 4.50 500.00
55. 0.97 0.00
73 2.04 0.00
-14-
VII- Ura -NptB
7 -1-64
214. 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 actual cost.
Not to exceed fifteen per cent 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
July 1. 1964 and shall remain in full force and effect
until amended or terminated, but not beyond June 30, 1989.
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:
Deputy District Engineer
Maintenance ng neer
Approved as to form and
procedure:
� I,, ►"s
orney
Department of Public Works
City Attorney
-%
VII - 369
CITY OF NE;JPORT/ BEACH{
By
Mayor
City e
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
J. C. WOMACK
STATE HIGHWAY ENGINEER
-15-
f%
Deputy 'ta j ighway ng� ineer
'j. ;
RESOLUTION NO. 5984
RESOLUTION OF THE CITY'COUNCIL OF THE
CITY OF NE''IPO:RA BEACH APPROVING AGREEMENT FOR MAINTENANCE
OF
STATE HIGHWAY IN THE CITY OF NEWPORT BEACH
WHEREAS, the State of California, through its Department of
Public Works, Division of Highways, has presented an Agreement
for Maintenance of the State highway in the City of Newport Beach
effective as of duly 1, 1964 and to remain in effect until
amended or terminated, but not beyond June 30, 1989.
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 Newport Beach that 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.
ADOPTED this `� day of 1964
Mayor of the City of Newport Peach
Attest:
City Cle of the City of Newport
I hereby certify that the foregoing resolution was duly and
regularly passed by the City Council of the City of Newport Beach
at a regular meeting thereof held 4 _,. 2 �— 1964
LL tom.. -� •c� -L .
Jerk o he ty Of Newport Beach
-16-
AGREarIENT FOR N;AIiWT4:NANCE OF STATE HIGHWAY IN THE CITY
OF NEWPORT BEACH
THIS AGREEMENT, made.and executed in duplicate this
day of , 19,2 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
Newport Beach , hereinafter referred to as "City ".
WITIJESSETH:
1. RECITALS:
The parties desire to provide for the maintenance of State
highway routes within the city as provided in Section 130 of 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. AGREa-IENT:
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
functions of maintenance not otherwise assigned to the City on the
State highway routes or portions thereof all as hereinafter de-
scribed 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 representative.
VII - Ora -NptB •
! 7 -1-64
3. MAINTENANCE DEFINED: Maintenance is defined in Section 27-of the
Streets and Highways Code as follows:
See. 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 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 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 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 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
VII- Ora -NptB
0
7-1-64
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 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 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 under or in connection with any work,
authority or jurisdiction not delegated to the City under this
Agreement for Maintenance. 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. HIGIrgAY, 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-
Y VII- Ora -NptB 7 -1-64
I
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 (201) measured under the copings along
the centerline of the street and multiple span structures where
the individual spans are in excess of ten feet (101) 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
roadsides shall consist of such work as patching, crack sealing,
care of drainage, upkeep and repa..r of bridges, culverts;..guard
-4-
VII- Ora -NptB 7 -1-64
rail, median barriers, curbs acid sidewalks, operation of draw-
bridges, street sweeping and cleaning, repair of damage and
cleaning up after storms and traffic accidents, control of road-
side vegetation, care of landscaped areas, trees or other
ornamental plantinF§9, and upkeep and operation of traffic service .
devices, all as hereinafter specified.
Maintenance of landscaped areas or othep prnamental plant-
Inge 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 or from natural causes. The Department will not under-
take nor pay for picking up or disposing of rµbbish 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.
-5-
. • �
VII- Ora -NptB 7 -1-64
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 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 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's 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 innediately notified of major defects as are
1 -6-
VII - Ora -NptB
hereinafter defined.
7 -1 -64
Bridge repair work costing in excess of %$300 on a single
structure shall be. considered as being, a major repair project.
Except in the case of emergency, such major repair projects
shall conform to the methods and procedure to be recommended
by the Department. Major bridge repair is not a routine
maintenance operation and will require specific authorization.
TRAFFIC SERVICE
14. •WARNING, AND REGULATORY SIGNS shall conform to the
specifications adopted by the Department, or as otherwise
specifically authorized by the Department. Positioning of
such signs shall conform to standards adopted by the Depart-
ment.
Unless specifically authorized, the Department will not
maintain or pay for maintenance of Regulatory Signs installed
for the purpose of stopping vehicular traffic at pedestrian or
school crossings nor the Regulatory Signs installed for the
prohibition or the regulation of parking.
1$. 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 tral.f'ic sigiattls, 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
-7-
VII - Ora -NptB •
• 7 -1 -64
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 not a 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 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 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 electro-
liers 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 intersection, 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 IiIGHWAY LIGHTING FACILITIfSS as
defined under paragraphs 16 and 17 above, which are installed
subsequent to the execution of this Agreement, shall become subject
to the terms and conditions of this Agreement upon notice to the
_(A_
VII - Ora -NptB .
1* 7 -1-64
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 portain to
all parts of the highway throughout the particular length of
streets indicated under Section 22 of the Agreement. Permits shall
be issued on a form provided by the Department and the City will
furnish a copy 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
1
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 crossings shall be permitted
to be suspended over the roadway. Marquees or signs extending
over the sidewalk area shall conform to the alty'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 granting or refusing of permits with respect
-9-
VII - Ora -NptB •
to any State highway.
0 7 -1-64
The Department will pay for the cost of inspection of such
signs, marquees, and other encroachments as a part of maintenance,
provided that the City shall comply with its usual policy with
respect to collecting costs from permitees 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 Transportation 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 issuing 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 overcrossings detailed
In Section 26.63 and Plate 118 thereof.
-10-
0 0
VII - Ora -NptB
21. ROUTE DESCRIPTION
ROUTE LENGTH
NO. MILES
7 -1-64
DESCRIPTION OF ROUTING
la 1.95 COAST HIGHWAY from Newport Boulevard,
Rte. 55, to Irvine Avenue produced, a
length of approximately 0.60 mile for
this portion; also,
COAST HIGHWAY from the CL at Avocado
Avenue to the ECL, a length of approxi-
mately.1.35 miles for this portion;
a total length of approximately 1.95 miles.
lb 4.50 COAST HIGHWAY from the northwest CL near
the old channel of the Santa Ana River
to Newport Boulevard, a length of
approximately 1.79 miles for this portion;
also,
COAST HIGHWAY from Irvine Avenue produced
to the CL at Avocado.Avenue, a length of
approximately 2.71 miles for this portion;
a total length of approximately 4.50 miles.
55 0.97 NEWPORT BOULEVARD from Finley Avenue to
the NCL at 15th Street, a length of
approximately 0.97 mile.
73 2.04 MACARTHUR BOULEVARD from Coast Boulevard,
Rte. 1, to the north city limit near
Ford Road, a length of approximately
2.04 miles.
-11-
VII— Ora —NptB •
•
7-1-64
22, DELEGATION OF MAINTENANCE: The maintenance
work to be
performed
by City and /or Department
shall conform to the provisions hereof and
shall include those operations
as
hereinafter
indicated:
AGENCY
TO
PERFORM WORK
Item MAINTENANCE FUNCTION
M.
.
. NO
No.
la
lb
55
73
43
a
4:'' .; 0.
N a
- a
.a
c�
m
a
0
ii a
.i 0
u Ca
rl N
v ca
(Roadbed .............
X
X
X
X
1 (Improved Roadside...
X
X
5 X X
5
X
X
((Unimproved Roadside.
X
X
5 X X
2 Bridges and Culverts
X
X
Guide Signs.........
X
X
X
X
Warning Signs.......
X
X
X
X
(Regulatory Signs....
X
X
X
X
3 (Traffic Stripe......
X
X
X
X
(Pavement Markings...
X
X
X
X
(Traffic Signals.....
X
X
X
X
(Highway Lighting,,.*
x
X
x
X
X
Guard Rail..........
X
X
X
Median Barriers.....
X1
I I y
I X
k Sweeping & Cleaning
X
(1) x
(2)
x (3)
X 0
5 #(Landscaped Areas....
X
x
X
X
(Trees ...............
X
x
X-
6 Curbs and Sidewalks..
ISSUANCE OF PERMITS
Encroachment.........
x,
X
l
X
X
e When and as specifically authorized by the District Engineer as
provided under Section 13 hereof.
(1) Length of street to be cleaned 7.80 Curb miles.
(( x » n n n x 0.00 n »
n » » » » n 0"00 n x
(4) n » n n n n .00 x x
(5) The City will do the work of removing dirt and litter
from the roadsides.
-12-
VII- Ora -NptB 7 -1 -64
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 Agreement),
unless such expenditure is revised by an amended Agreement or
otherwise 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
increase or decrease, shall not affect other terms of the
Agreement.
-13-
VII- Ora -NptB
•
• 7 -1 -64
ROUTE NO.
LENGTH MILES
MAXIMUM EXPENDITURE PER
MILE
la
1.95
$2500.00
1b
4.50
500.00
55
0.97
O.00
73
2.04
0.00
_
-114-
..
VII - Ora -NptE*
• 7 -1 -64
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 actual cost.
Not to exceed fifteen per cent 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
July 1, 1964 and shall remain in full force and effect
until amended or terminatedg but not beyond June 30, 1989,
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:
Deputy District Engineer
Maintenance Zngineer
Approved as to form and
procedure:
Attorney
Department of Public Works
Ll
City Attorney'
M
VII - 369
CITY OF NEWPORT BEACH
By
Mayor
City clerk
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
J. C. WOMACK
STATE HIGHWAY ENGINEER
i
By
Deputy State Highway Engineer
. I . . 0 0 .
RESOLUTIO-_ NO. 5984
RESOLUTION OF THE CITY•COUNCIL OF THE
CITY OF NEWPORT BEACH APPROVING AGREEMENT FOR MAINTENANCE
OF
STATE HIGHWAY IN THE CITY OF NEWPORT BEACH
WHEREAS, the State of California, through its Department of
Public Works, Division of Highways, has presented an Agreement
for Maintenance of the State highway in the City of Newport Beach
effective as of July 1, 1964 and to remain in effect until
amended or terminated% but not beyond June 30, 1989.
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 Newport Beach that 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.
ADOPTED this 2 - day of 19 64 .
V
Mayor- of thec�Clty of Newpor Beac
1
Attest:
I hereby certify that the foregoing resolution was duly and
regularly passed by the City Council of the City of Newport Beach
at a regular meeting thereof held c- ti Z 2.— , 19 64 ,
Clerk o the ff1ty of Newport Be
-16-
1�
3
4
5
61
7�
81,
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
9
64 (9)
16
RPSOLtlrION LV. 5984 F THE
RESOUTION OF iarY OF FXA%T B AP tiG AACG AT
EACH p FM 'MAIWr
OF
STATE HIGHWAY IN THE CITY Of NEWMT SUCH
WMEAS, the State of California, through its DepartwMt:Of
Public Vorks, Division of HigbsASrs, has presented an Agzga rant
for Maintenance of the State Ughway in the City of XWort Seach .
effective as of July 1, 1964 and to remain Ss► effect Until
amendod or terminated, but not beyond Juste 30, 1959.
WREM3, the City Council has heard read said Agremseat in
full and is familiar with the contents thereof;
TRI,R'FOIt153, be it resolved by the City Council of the City
Of xewnort Beach _ that said Agreement for Maintenmce 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.
ADOMD this 22 day of June
a or me ty or. Heip ort Rea. Tl
Attest: 1` Sz rt
My MOE It t e City of "or -Beach
I hereby certify that the foregoing resolution was duly and
regularly passed by the City Council of the City of Newvort Bea
at a regular meeting thereof held June 22 19640
71erx or top cl y or Newport Reach
City C14k
July 7. 1964
PW91c Works Director
City %lerllt
Agreement;: f
pr maintenance of State highways effective
July I.
Attached are the three copies of subject Agreement which have been
executed by Mayor Giber and by mi in accordance with Resolution
No. 5984 adopted by the Council on June 22.
Margery Schiouder
CITY ^EWPORT BEACH - PUBLIC WORKS ATMENT
MEMO
TO: CITY CLERK DATE 6/19/64
FROM: PUBLIC WORKS DIRECTOR
SUBJECT: AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS
ATTACHED ARE 3 COPIES OF THE SUBJECT AGREEMENT. AFTER EXECUTION BY THE MAYOR,
PLEASE RETURN ALL 3 COPIES TO THIS OFFICE. I WILL ARRANGE TO HAVE THEM FORWARDED TO THE
STATE FOR THEIR SIGNATURE. A COPY WILL BE RETURNED FOR YOUR RECORDS AND FILES.
COPIES TD:
SIGNED
DEVLyN
PUT IT IN WRITING. . . .WRITTEN MESSAGES SAVE TIMES ND AVOID.ERRORS
E
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
To: Public Works Director
0
June 18, 1964
From: City Attorney
Subject: Agreement for maintenance of state highways
We are returning the proposed agreement with the Division of
Highways for the maintenance of state highways in the City.
The words "but not beyond June 30, 1989" have been added to
the first paragraph of paragraph 25. This is to coincide
with the Charter limitation prohibiting contracts for a period
in excess of twenty -five years. The same words have been
added to the resolution authorizing the execution of the
contract.
The resolution is being transmitted to the City Clerk for City
Council consideration.
WWC:mec
Encs.
cc - City Manager
City Clerk
alter W. Charam�a
City Attorney
• i
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
To: City Clerk
From: City Attorney
June 18, 1964
Subject: Agreement for maintenance of state highways
The attached resolution, if adopted by the City Council, will
authorize the execution of an agreement with the Division of
Highways for the maintenance of state highways in the City
effective as of July 1, 1964, and to remain in effect until
amended or terminated, but not beyond June 30, 1989. The
Public Works Director has the subject agreement.
This resolution is taken from the form transmitted by the State,
a copy of which is in each booklet containing the proposed agree-
ment and should be executed and certified in connection with the
execution of the agreement.
A)
Walter W. Cha�amza
WWC:mec City Attorney
Encs.
cc - City Manager
Public Works Director
•
TO: CITY COUNCLL
FROM: CITY MANAGER
0
SUBJECT: REVISED MAINTENANCE AGREEMENT FOR MAINTENANCE OF
STATE HIGHWAYS IN THE CITY OF NEWPORT BEACH
RECOMMENDATIONS:
I. APPROVE REVISED MAINTENANCE AGREEMENT.
JUNE 18, 1964
J-z
2. ADOPT A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECOTE THE CONTRACT.
DISCUSSION:
AS A RESULT OF RECENT NEGOTIATIONS BETWEEN THE CITY OF NEWPORT BEACH
AND THE STATE DIVISION OF HIGHWAYS, A NEW AGREEMENT HAS BEEN PREPARED THAT WILL
SUPERSEDE ALL PREVIOUS HIGHWAY MAINTENANCE AGREEMENTS.
THIS NEW AGREEMENT WILL PROVIDE FOR A MAXIMUM EXPENDITURE OF $7,125
BY THE CITY FOR THE CLEANING AND LIGHTING OF COAST HIGHWAY. THE AGREEMENT NOW
IN EFFECT PROVIDES FOR A MAXIMUM EXPENDITURE OF $3,900 BY THE CITY FOR THIS
TYPE OF SERVICE.
RC: JTD:vs
ROBERT COOPx'
CITY MANAGER
CITY OF n Wp= SUCH
June 18, 1964
To: Public Works DireQtor
From: City Attorney
Subject: Agreement for maintenance of state highways
We are returning the proposed agreement with the Division of
Highways for the maintenance of state highways in the City.
The words "but not beyond June 30, 1989" have been added to
the first paragraph of paragraph 25. This is to coincide
with the Charter limitation prohibiting contracts for a period
in excess of twenty -five years. The same words have been
added to the resolution authorizing the execution of the
contract.
The resolution is being transmitted to the City Clsrk for City
Council consideration.
WWC:mec
Encs.
cc - City Nanager
City Clerk
x
Walter W. Charamza
City Attorney