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Home My WebLink AboutReso 93-104 - Approve & Authorize the mayor to sign the freeway Maint agreement dated 01/25/93 by & between the COR and the State of Calif, Dept of Trans. for SR 299/Auditorium Dr Overcrossing 3 RESOLUTION NO. 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/ AUDITORIUM DRIVE OVERCROSSING. 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/Auditorium Drive Overcrossing dated January 25, 1993 , to be effective on the date of execution by the State; NOW, THEREFORE, IT IS HEREBY 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/Auditorium Drive Overcrossing Freeway 0 4 i; y • • 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 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: Dahl ABSTAIN: COUNCIL MEMBERS: None c CHARLIE MOSS, Mayor City of Redding A CONNIE STROHMAYER City Clerk FORM APPROVED: RANDALL Y'. HAYS, City Attorney 2 I� FREEWAY MAINTENANCE AGREEMENT i THIS AGREEMENT, made and entered into, in duplicate this 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 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 it consented to certain adjustments of the City street system required for the development of that portion of State highway route 44, 'i within the limits of the City of Redding as a freeway, and i. WHEREAS, said freeway has now been completed or is nearing 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 ,i or other improvement. I " (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. " I i, NOW THEREFORE, IT IS AGREED: ,I 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 j 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. It is understood and agreed that neither the 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 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, ,i authority or jurisdiction delegated to the STATE under this agreement. It is understood and agreed that pursuant to 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 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 the State under this agreement. 5. EFFECTIVE DATE This Agreement shall be effective upon the date of its execution by the State, it being understood and agreed, however, that the execution of this Freeway Maintenance Agreement shall not affect any pre-existing obligations of ,I the CITY to maintain designated areas pursuant to prior written notice from the State that work in such areas, which !i the CITY has agreed to maintain pursuant to the terms of the Freeway Agreement, has been completed. !I I i IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF REDDING By Mayor City Attorney City Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES VAN LOBEN SELS Director of Transportation Recommended Approval: B.E. BROCKETT Deputy District Director Maintenance & Operations E. F. 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