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HomeMy WebLinkAboutReso. 1984 - 191 - Approving the addition of the victor avenue overcrossing to the freeway maintenance agreenemt between the city of redding and caltrans RESOLUTION NO. fit/9/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE ADDITION OF THE VICTOR AVENUE OVERCROSSING TO THE FREEWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF REDDING AND CALTRANS. The City Council of the City of Redding does resolve as follows: 1 . The revised Freeway Maintenance Agreement by and between the City of Redding and Caltrans , attached hereto and incorporated herein, pertaining to the Victor Avenue Overcross- ing, is hereby approved. 2 . The Mayor of the City of Redding is hereby authorized to execute the revised Freeway Maintenance Agreement on behalf of the City of Redding. I HEREBY CERTIFY that the foregoing resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 4th day of September , 1984 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh, & Kirkpatrick NOES: COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ati7 AO ia HOWARD D. KIRK TRICK, Mayor City of Redding ATTEST: �� GZe'e6' ETHEL A. NICHOLS , City Clerk 411 III FORM A PROVED: de, a ., RAN ALL A. HAYS, City,Attorney -2- 411 • Page 1 of 4 FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into , in duplicate this , day of , 19 , by and between the State of California , acting by and through tie Department of Transportation, hereinafter referred to as the "STATE, " and the City of Redding , hereinafter referred to as the "CITY" witnesseth : WHEREAS, on , 19 , 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 completion, and the parties hereto mutually desire to clarify the division of maintenance responsibility as to separa- tion structures, and CITY streets or portions thereof and land- scaped areas , within the freeway limits , and WHEREAS, Under Section 6 of the above freeway agree- ment , the CITY 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 rights 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 other unusual or unexpected damage to a roadway, structure or facility . " • • Page 2 of 4 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 struc- ture below the deck surface except as hereinafter provided . The CITY will maintain , at CITY expense , the deck and/or sur- facing 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 , 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 Sec . 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 . The STATE will not pay for the mainten- ance , repair , servicing , or power for ordinary street lighting ; however , lighting at intersections which qualifies as safety lighting under current warrants will be paid for by the STATE . The maintenance and operating 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 on a prorata basis in the same ratio as the number of legs of the interchange under each jurisdiction bears to the total number of legs . Timing of traffic signals shall be the responsibility of the STATE . • • Page 3 of 4 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 respecting the maintenance of STATE highways different from the standard of care imposed by law. 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 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 defend , idemnify and save harmless the State of California , 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 except as otherwise provided by Statute . 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 STATE under or in connection with any work , authority or jurisdiction delegated to the STATE under this Agreement for Maintenance . It is also 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 an 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 jurisdic- tion delegated to the STATE under this Agreement except as otherwise provided by Statute. 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 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 . • • • Page 4 of 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written . CITY OF By Mayor City Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LEO J . TROMBATORE City Attorney Director of Transportation " . By / 'ccBy District Director • W V \ i R. , Q ILI -1 i \ OD ® ---a" Q \\ • 8 �' p�c.c'P��� ��6 ��: X W LA • \ ti �M� 0 \ '\ ? 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