HomeMy WebLinkAboutReso 93-102 - Approve & Authorize the mayor to sign the freeway maintenance agreement dated 01/25/93 by & between COR & State of Calif Dept of Transportation, for SR 299/Hawley Rd Undercrossing s i
RESOLUTION NO. q',� %O
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FREEWAY
MAINTENANCE AGREEMENT DATED JANUARY 25, 1993, BY AND
BETWEEN THE CITY OF REDDING AND THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION, FOR THE STATE ROUTE 299/
HAWLEY ROAD UNDERCROSSING.
WHEREAS, on November 29, 1979, a Freeway Agreement was executed
between the City and the State wherein the City agreed and consented
to certain adjustments of the City street system required for the
development of that portion of State Highway Route 44 within the
limits of the City as a freeway; and
WHEREAS, said freeway has now been completed, or is nearing
completion, and the City and State wish to clarify the division of
maintenance responsibilities as to separation structures, City
streets or portions thereof, and landscaped areas within the freeway
limits; and
WHEREAS, the State has presented the City with a Freeway
Maintenance Agreement for the State Route 299/Hawley Road
Undercrossing dated January 25, 1993 , to be effective on the date of
execution by the State;
NOW, THEREFORE., IT IS HERS 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 State Route 299/Hawley Road Undercrossing Freeway
t
o
Maintenance Agreement between the City of Redding and the State of
California, acting by and through its Department of Transportation, a
true copy of which is attached hereto and incorporated herein by
reference.
2 . That the Mayor of the City of Redding is hereby authorized
i
and directed to sign said Agreement 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 thereto.
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 6th day of April , 1993 , and was duly adopted at said
meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Kehoe and Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Datil
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, Mayor
City of Redding
A ST:
CONNIE STROHMAYER, ity Clerk
FORM PRO
— - 2L&� z�
RANDALL J. HAYS, City Attorney
2
i�
i
FREEWAY MAINTENANCE AGREEMENT
6 -
i
i
THIS AGREEMENT, made and entered into, in duplicate this
'II 25th, day of January, 1993 , by and between the State of California,
acting by and through the Department of Transportation, hereinafter
referred to as "the State, " and the City of Redding, hereinafter
,i referred to as "the CITY" witnesseth:
WHEREAS, on November 29, 1979, a freeway agreement was
executed between the CITY and the State wherein the CITY agreed and
consented to certain adjustments of the City street system required
for the development of that portion of State highway route 44 ,
within the limits of the City of Redding as a freeway, and
WHEREAS, said freeway has now been completed or is nearing
'I completion, and the parties hereto mutually desire to clarify the
division of maintenance responsibility as to separation structures,
and CITY streets or portions thereof and landscaped areas, within
the freeway limits, and
WHEREAS, Under Section 6 of the above freeway agreement, the
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 preservation 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.
i
" (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. "
I,
I
'I
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 Division
of Maintenance, the Department will provide a new dated and
revised Exhibit "A, " which is made a part hereof by this
reference, which will supersede the original exhibit and
which will become part of this agreement.
2 . VEHICULAR OVERCROSSINGS
The State will maintain, at State expense, the entire
structure below the deck surface except as hereinafter
provided. The CITY will maintain, at CITY expense, the deck
surfacing and shall perform such work as may be necessary to
ensure an impervious and/or otherwise suitable surface. The
CITY will also maintain all portions of the structure above
the bridge deck, as above specified, including lighting
installations, as well as all traffic service facilities
(signals, signs, pavement markings, rails, graffiti removal,
etc. ) that may be required for the benefit or control of
CITY street traffic.
At such locations, as shall be determined by the State,
screening shall be placed on State freeway overpasses on
which pedestrians are allowed (as directed by Sect. 92 . 6 of
the Streets and Highways Code) . All screens installed under
this program will be maintained by the State (at State
expense) .
3 . INTERCHANGE OPERATION
It is the responsibility of the State 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 at ramp
connections to CITY streets shall be shared, between the
State and the CITY.
4 . LEGAL RELATIONS AND RESPONSIBILITIES:
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.
II
It is understood and agreed that neither the State nor any
officer or employee thereof is responsible for any damage or
Ij 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. It is understood and agreed that pursuant to
Government Code section 895. 4 CITY shall defend, indemnify
and save harmless the State, all 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 the CITY under or in
connection with any work, authority or jurisdiction
delegated to the CITY under this agreement.
It is understood and agreed that neither the 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 STATE under or in connection with any work,
authority or jurisdiction delegated to the STATE under this
agreement. It is understood and agreed that pursuant to
'I Government Code section 895.4 STATE shall defend, indemnify
and save harmless the CITY, all officers and employees from
all claims, suits or actions of every name, kind and
j 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
b delegated to the State under this agreement.
'd
5. EFFECTIVE DATE
This Agreement shall be effective upon the date of its
execution b the State it being understood and agreed,
Y g g ,
however, that the execution of this Freeway Maintenance
Agreement shall not affect any pre-existing obligations of
the CITY to maintain designated areas pursuant to prior
written notice from the State that work in such areas, which
the CITY has agreed to maintain pursuant to the terms of the
Freeway Agreement, has been completed.
i
r
u
I
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
CITY OF REDDING
By
I' Mayor
I
i
I
City Attorney City Clerk
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
a JAMES VAN LOBEN SELS
Director of Transportation
Recommended Approval:
B.E. BROCKETT
Deputy District Director
Maintenance & Operations
E. F. Poch
District Director
I
m oQ) rn
rn
i la
._S4 ENTO
I CP4k
�a `" - D
M
m gm
Orn
ea
Lo
o N a rn
Ja
V C z
�
O D
—Ti Z
A 2 LA (1Y
i n p Z
p c?p Lj�
y W5 ro
p /
I
rl
Ao
m
r F
ro
dQ
/ N
pCpO¢ CGpN
Ze
LO
p I �� O o` D v
o �
96Z Pay I S k4ursuE �l
m {6430��a�t. ~AST4 D Ta I �T
fn n .0 {6 L � CO.
D (Tl tt>Kao- Nc>` ( I aeG,w FENCE ---{ M
to es t_t-w,a.00 yes aT.,; iv•6o �- M
i -•{ �) _ - _ .3'a-_ i°�',`• i::� �1A,6 i.N'JON rLLL y_ S
Co ren
I� ITt Cn / - N;,G2 ca3.2:3 POT 2
rn I f =- .'':I ��•t2 .9T.182 POT m
j D < ABA NocN_.Y�etL--•------F
A�1•NOOx w0.L
—
• q M: FEIVC�
co
m
_ _ Z
.j
co ,m
70 r
i coT10 m
_ =_ 95 �K 3Q, Z
a
�2
M -
12 .. ----
_ .T n" 9z.ta� __ ,� HAWLEY RD. U.C.
.Z o ,6 ' BRIDGE
;'' — 55 Lt• V 1S9 13.4
+) GO.... _ r.'_`s'"_ ---v.- V'1G2 - 85.000 P)T : N
00.000 POT m
TFMD
1�
'ROUT299 --loo-
r. r.
C> ®" i
v _ _ S
16.''.-„?OT WELL
0 •S"(DON `NELLl w-1--G1• -
923
�C3•. - E u9
m
A9ANoon WELL •` �'
X � 0
2
CE? f-n
I • .� � _ �- sem- 1 NCT-
--�
•ENO'I CENCf�—
85'LT•H' 6+ 6E41x 5n .-...j.- y -`II 85'RT. H• 5•gc Co
z
•�z•,6R x — N
78,94 3 POT
4 H•. 4 T GO: 9000 POT , S`H �44vi C g
- _ A9AN00N WELL_ S .
i
U
1C-n Q7 II !. CI
) 1
_ C � � � � t `l_ -- � � ��4e1� E-Md L � '�13'1� ?J.?J.Y'T�fil/�. B7�SQ8�Y_•E•� � -�-�
J ,Z£ r ,81 sAoWaa 61
�dId :I,adfi1 tri a 9f m
a m
+v.�.�.��� � I `1 �ag121 Inouval7/odtd7 vdRlB51••bl 9Ol
O — G7 z ,� � ��S)Z Imuva�j •►e�I,CrJtd•O•adfil,0� t.Z1 S{ _ -�
z m
L. �-'^ � '1.4 £-lad J.. �dld•�•xdAl ,72.L x,06 1
[n rn --- -
�J C- zd"d,Y til ,@7 s,*�2,
i v ��C9•vS�. - 1, o� \ r cf 1 '1 d-Y A, ��+ •g61 x *iL ai n
02
lL
I
- nti�3 00\0 0'1 o -••-�
rn
C7
D -
S lod o00_=00 - H. —
` 10
C7 A
-- i LI
Ri
.3 Q lLl�l
\ 7 -�-Lll-
��� ,aL1.111
1 t t .Z� c
' L'
3
i rn L L N- A
i� (/� 7 ( 3 In t
?9 • Z�► ,l11 �� w 'l�� `�o*t'E� • oS\ ,/�,'1�6S 1