HomeMy WebLinkAboutReso 2002-122 - Maintenance Agreement with DOT RESOLUTION NO. Z002- - / 2 2--
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE MAINTENANCE AGREEMENT BETWEEN THE CITY
OF REDDING AND THE STATE OF CALIFORNIA,DEPARTMENT OF
TRANSPORTATION,AND AUTHORIZING THE MAYOR TO SIGN SAME
WHEREAS, the State of California, Department of Transportation, is currently in the process of
updating all of the Freeway Maintenance Agreements within District 2; and
WHEREAS, on January 25, 1993, a Maintenance Agreement was executed between the City of
Redding and the State of California,Department of Transportation,that incorrectly referred to the Hawley
Road Undercrossing as an Overcrossing; and
WHEREAS,as a"housekeeping"measure and to clarify the division of maintenance responsibility
now that State Highway Route 299 is complete, the Department of Transportation is asking the City of
Redding to adopt a resolution approving the Mayor's signature to the Freeway Maintenance Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as follows:
1. That the City Council of the City of Redding hereby approves the attached Maintenance
Agreement between the City of Redding and the State of California, Department of
Transportation,for maintenance of the Hawley Road/Churn Creek Road Undercrossing;and
2. That the Mayor of the City of Redding is hereby authorized and directed to sign all
necessary documents on behalf of the City of Redding, and the City Clerk is hereby
authorized and directed to attest the signature of the Mayor and to impress the official seal
of the City of Redding on the aforesaid Agreement,when appropriate.
3. That a true copy of said Agreement is attached hereto and incorporated herein by reference.
I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting
of the City Council of the City of Redding on the 20th day of August, 2002, and was duly adopted at said
meeting by the following vote:
AYES: COUNCIL MEMBERS: Cibula, McGeorge, Pohlmeyer, Stegall and Kight
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None 1
Pat Kight,May
ATT ST:
ea��
Connie Strohmayer,City C David E. Tranberg,Assistant City Air
D:\MyFiles W cm\2002`resceltrans820
FREEWAY MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into in duplicate, effective this
, day of , 2002, is by and between the State of
California, acting by and through the Department of Transportation, hereinafter referred to as
"STATE," and the , hereinafter referred to as "CITY".
WHEREAS, Maintenance Agreement was executed on January 25, 1993 that incorrectly
referred to the Hawley Road Undercrossing as an Overcrossing.
WITNESSETH:
WHEREAS, on November 29, 1979, a Freeway Agreement was executed between CITY
and STATE wherein CITY agreed and consented to certain adjustments of the local street and
road system required for the development of that portion of State highway route 299, within the
jurisdictional limits of CITY as a freeway; and
WHEREAS, said freeway has now been completed, and the parties hereto mutually desire
to clarify the division of maintenance responsibility as to separation structures, and local CITY
streets and roads, or portions thereof, and landscaped areas lying within or outside the freeway
limits; and
WHEREAS, under Section 6 of the above Freeway Agreement, CITY has resumed or will
resume control and maintenance over each of the relocated or reconstructed CITY streets
except on those portions thereof adopted as a part of the freeway proper.
MAINTENANCE DEFINED:
Maintenance is defined in Section 27 of the Streets and Highways Code as follows:
Sec. 27. "(a) The preservations and keeping of right of way, 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 others unusual or
unexpected damage to a roadway, structure or facility."
NOW THEREFORE, IT IS AGREED:
1. When a planned future improvement has been constructed and/or a minor revision has
been effected within the limits of the freeway herein described, which affects the
parties division of maintenance responsibility as described herein, STATE will
provide a new dated and revised Exhibit "A," which will be made a part hereof by an
amendment to this Agreement when executed by both parties, which will thereafter
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supersede the attached original Exhibit A and which will then become part of this
Agreement.
2. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
STATE will maintain the structure proper of all vehicular undercrossings of STATE
freeways while the roadway sections, including the traveled way, shoulders, curbs
sidewalks, wall surfaces(including eliminating graffiti), drainage installations,
lighting installations and traffic service facilities that may be required for the benefit
or control of traffic using that undercrossing will be maintained by CITY.
CITY will inform STATE District Transportation Permit Engineer and obtain the
necessary Encroachment Permit for any proposed change in minimum vertical
clearances between the traveled way portion of the under-roadway surface and the
Structure that results from modifications to the under-roadway(except when said
modifications are made by STATE). If the planned modifications will result in a
reduction in the minimum clearance within the traveled way, an estimate of the
clearance reduction must be provided to the State District Transportation Permit
Engineer prior to starting work. Upon completion of that work, a clearance diagram
will be furnished to the State District Transportation Permit Engineer that shows
revised minimum clearances for all affected movements of traffic, both at the edges
of the traveled way and at points of minimum clearance within the traveled way.
3. INTERCHANGE OPERATON
It is STATE's responsibility to provide efficient operation of freeway interchanges,
including ramp connections to local streets and roads. The maintenance and energy
costs of safety lighting, traffic signals or other necessary electrically operated traffic
control devices placed at ramp connections to CITY streets and roads shall be shared
between STATE and CITY pursuant to September 16, 1997 Agreement.
4. LEGAL RELATIONS AND RESPONSIBILITIES:
A. Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this contract or affect the
legal liability of either party to the contract by imposing any standard of care with
respect to the maintenance of STATE highways different from the standard of
care imposed by law.
B. It is understood and agreed that neither STATE 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 CITY under or in connection with any work
authority or jurisdiction delegated to CITY under this Agreement. It is
understood and agreed that,pursuant to Government Code section 895.4 , CITY
shall defend, indemnify and save harmless STATE and all of its officers and
employees from all claims, suits or actions of every name, kind and description
brought for or on account of injuries to or death of any person or damage to
property resulting from anything done or omitted to be done by CITY under or in
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connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
C. 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 STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement. It is understood and
agreed that, pursuant to Government Code section 895.4, STATE shall defend,
indemnify and save harmless CITY and all of its officers and employees from all
claims, suits or actions of every name, kind and description brought for or on
account of injuries to or death of any person or damage to property resulting from
anything done or omitted to be done by STATE under or in connection with any
work, authority or jurisdiction delegated to STATE under this Agreement.
9. EFFECTIVE DATE
This Agreement shall be effective upon the date appearing on its face, it being
understood and agreed, however, that the execution of this Freeway Maintenance
Agreement shall not affect any pre-existing obligations of CITY to maintain
designated areas pursuant to prior written notice from STATE that work in such
areas, which CITY has agreed to maintain pursuant to the terms of the Freeway
Agreement, has been completed.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
CITY of REDDING STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By JEFF MORALES
City Executive DEPARTMENT OF TRANSPORTATION
By
City Attorney Acting District Director
District 2
By
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RESOLUTION NO.
Resolution of the City Council of the City of Redding approving Agreement.
FOR MAINTENANCE OF STATE HIGHWAY
IN THE CITY OF REDDING
WHEREAS,the State of California, through its Department of Transportation has presented an
Agreement for maintenance of the State highway in the City of Redding, effective as of
, and to remain in effect remain in effect until amended or terminated.
WHEREAS,the City Council has heard/read said Agreement in full, and is familiar with the
contents thereof:
THEREFORE, be it resolved by the City Council of the City of Redding, that said Agreement
for Cost-Sharing 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 20 .
City Executive
Attest:
I hereby certify that the foregoing resolution was duly and regularly passed by the City council
of the City of Redding, at a regular meeting thereof held
20 .
City Clerk
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