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HomeMy WebLinkAboutReso 2019-027 - Freeway Agmt No. 02-MTC18-003 RESOLUTION NO. 2019-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING FREEWAY AGREEMENT NO 02-MTC18-003 BETWEEN THE CITY OF REDDING AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, on December 12, 1988, a Freeway Agreement was executed between the City of Redding (CITY) and the State of California (STATE) wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Highway Interstate 5 (I-5) within the jurisdictional limits of the CITY as a freeway; and WHEREAS, recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to identify the maintenance responsibilities for improvements to separation structures and landscaped areas lying within those modified freeway limits; and WHEREAS, the degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual; and WHEREAS, pursuant to Section II of the above December 12, 1988, Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the affected relocated or reconstructted CITY streets, except for those portions adopted as a part of the freeway proper; 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 Freeway Agreement 02-MTC 18-003 between the CITY and the STATE for the development of that portion of STATE Highway I-5 within the jurisdictional limits of the CITY. 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 Freeway Agreement, when appropriate. 3. That a true copy of said Freeway Agreement is attached hereto and incorporated herein by reference. _JJ Cl I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 16th day of April, 2019, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Dacquisto, McElvain, Resner, Schreder, & Winter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None /l . . JUL WINTER, Mayor ATTEST: AP OVED OVED AS TO FORM: ?a/lrfaCt ;' PAMELA MIZE, City Cler r ' BARR E. De AL , City Attorney Agreement Number—02-MTC 18-003 FREEWAYMAINTENANCE AGREEMENT WITH CITY OF REDDING THIS AGREEMENT is made effective this day of , 20_, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as"STATE"and the City of Redding;hereinafter referred to as"CITY"and collectively referred to as "PARTIES". SECTION I RECITALS 1. WHEREAS, on December 12, 1988 a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Highway Interstate 5 (I-5) within the jurisdictional limits of the CITY as a freeway; and 2. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to identify the maintenance responsibilities for improvements to separation structures and landscaped areas lying within those modified freeway limits; and 3. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. 4. WHEREAS, pursuant to Section II of the above December 12, 1988 Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the affected relocated or reconstructed CITY streets,except for those portions adopted as a part of the freeway proper. NOW THEREFORE IT IS AGREED: SECTION II AGREEMENT 1. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that plan map attached hereto, marked Exhibit A, and made a part hereof by this reference. 2. STATE agrees to continue control and maintenance of those portions adopted as a part of 1-5 Freeway proper as shown Exhibit A. 3. When another planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described which will affect the PARTIES' 1 Agreement Number—02-MTC 18-003 division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit A which will thereafter supersede the attached original Exhibit A and become part of this Agreement. 4. CITY and STATE agree to accept their then respective operational and maintenance responsibilities and related associated costs thereof in the event jurisdictional boundaries of the PARTIES should change and Exhibit A is amended to reflect those changes. 5. CITY must obtain the necessary Encroachment Permits from STATE's District 2 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY. 6. VEHICULAR AND PEDESTRIAN OVERCROSSINGS 6.1. STATE will maintain, at STATE expense, the entire structure of any STATE constructed vehicular and pedestrian overcrossings of 1-5 below the deck wearing surface and any wearing surface treatment thereon. 6.2. CITY will maintain, at CITY expense, the deck wearing surface and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities(sidewalks, signs,pavement markings, bridge rails, etc.)that may be required for the benefit or control of traffic using that overcrossing. 6.3. As directed by section 92.6 of the Streets and Highways Code, at locations determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed. All screens installed under this program will be maintained by STATE, at STATE expense. 7. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS 7.1. STATE will maintain the entire structure of all STATE-constructed vehicular and pedestrian undercrossings of STATE freeways except as hereinafter provided. 7.2. CITY will be maintain 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. 7.3. CITY will request STATE's District Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between CITY roadway surface and the structure that results from modifications to the 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 STATE's Transportation Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance diagram will be furnished to STATE's Transportation Permit Engineer that shows revised minimum 2 Agreement Number—02-MTC 18-003 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. 8. WALLS AND COLUMNS—CITY is responsible for debris removal, cleaning, and painting to keep CITY's side of any wall structure or column free of debris, dirt, and graffiti. 9. BARRIER RAIL— CITY is responsible for debris removal, cleaning, and painting to keep CITY's side of any barrier rail free of debris, dirt, and graffiti, and to repair barrier rail from damages caused by vehicular traffic using Churn Creek Road. 10. SIDEWALKS AND CURB RAMPS — CITY is responsible for the maintenance of all sidewalks/curb ramps within the Agreement limits of the STATE highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not limited to, concrete repair, replacement and to grind or patch vertical variations in elevation of sidewalks/curb ramps for an acceptable walking and riding surface, and the removal of dirt, debris,graffiti,stickers,weeds,and any deleterious item or material on or about sidewalks/curb ramps or the IMPROVEMENTS in an expeditious manner. II. FENCING—CITY agrees, at CITY expense to do the following: 11.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN decorative FENCING conforming to those plans and specifications (PS&E) pre-approved by STATE. 11.2. CITY will submit the final form of the PS&E,prepared,stamped and signed by a licensed landscape architect, for decorative FENCING to STATE'S District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. All proposed decorative FENCING must meet STATE'S applicable standards. 11.3. CITY shall ensure that decorative FENCING areas designated on Exhibit "A" are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. 11.4. To expeditiously MAINTAIN, replace, repair or remove from service any decorative FENCING system component that has become unsafe or unsightly. 12. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside development lying outside of the fenced right of way area reserved for exclusive freeway. 13. INTERCHANGE OPERATON - It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads. 14. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES 3 Agreement Number—02-MTC 18-003 14.1. Timing of traffic signals, which shall be coordinated with CITY to the extent that no conflict is created with freeway operations, shall be the sole responsibility of STATE. 15. BICYCLE PATHS - Except for bicycle paths constructed as permitted encroachments within STATE's right of way for which the permittee is solely responsible for all path improvements, STATE will maintain, at STATE expense, all fences, guard railing, drainage facilities, slope and structural adequacy of any bicycle path located and constructed within STATE's right of way. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path by providing sweeping and debris removal when necessary; and all signing and striping and pavement markings required for the direction and operation of that non- motorized facility. 16. LEGAL RELATIONS AND RESPONSIBILITIES 16.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. 16.2. Neither CITY nor any officer or employee thereof is responsible for any injury, 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 conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 16.3. Neither STATE nor any officer or employee thereof is responsible for any injury,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 conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully 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 forth under, including,but not limited to,tortious,contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 17. PREVAILING WAGES: 17.1. Labor Code Compliance- If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of 4 Agreement Number—02-MTC 18-003 Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. 17.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1)and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 18. INSURANCE - 18.1. SELF-INSURED- CITY is self insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 18.2. SELF-INSURED using Contractor- If the work performed under this Agreement is done by CITY's contractor(s), CITY shall require its contractor(s)to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE and shall be delivered to the STATE with a signed copy of this Agreement. 19. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 20. TERM OF AGREEMENT-This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. 5 Agreement Number—02-MTC 18-003 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF REDDING STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: LAURIE BERMAN Mayor/Chairman Director of Transportation Initiated and Approved By: By: CITY Manager Deputy District Director Maintenance District ATTEST: By: CITY Clerk By: CITY Attorney 6