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HomeMy WebLinkAboutReso. 1987 - 328 - Approving maintenance agreement between City and California Department of Transportation and authorizing Mayor to sign same ,. . • � � RESOLUTION N0. p�• 3�Z8 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. BE IT RESOLVED by the City Council of the City of Redding as follows : l . 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 Churn Creek Overcrossing; 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 intro- duced and read at a regular meeting of the City Council of the City of Redding on the 3rd day of November , 1987 , and was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS : Carter, Ful ton, Gard, Johannessen & Dahl NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None MIKE L, Mayor City of Redding "'� ATTEST: FORM APPROVED: � ��� � � � � ETHEL A. NICHOLS, City Clerk RA DALL A. HAY , C ty Attorney � rJ � , _ , • � MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into, in quadruduplicate, this , day of , 1987 , 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. " W I T N E S S E T H: WHEREAS , on July 31 , 1984 , and Encroachment Permit 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 Interstate 5 and State Route 44 within the City of Redding, specifically referring to the City overcrossing at this location; and WHEREAS , said overcrossing has now been completed and the parties hereto mutually desire to clarify the division of maintenance responsibility as to the structure , within the limits of State Route 44 ; and WHEREAS , under the requirements of the above Encroachment Permit, the City will control and maintain the overcrossing; MAINTENANCE DEFINED: Maintenance is defined in Section 27 of the Streets and Highways Code as follows : Section 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 .� � � � o � has been improved or constructed, but does not include reconstruction or other improvements . (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. " 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 State Route herein described, which affects the division of maintenance, the State 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 . OVERCROSSING. It is understood and agreed that the State has the right to enter upon that portion of the overcrossing outside the State ' s right of way for the purpose of inspection. The Citv will maintain the structure from a structural standpoint, including the top of the deck surface and all portions of the structure above the Bridge deck, together with any surface treatment thereon . The City will maintain all traffic service facilities, signals , signs , pavement markings , including lighting, provided for the benefit or control of -2- . . , . � traffic . The City will be responsible for all cleaning and painting as may be required to keep the structure free of debris and graffiti . In the event of repair by State Forces necessitated by accidents, storms , or other weather conditions , slides , settlements, or other unusual or unexpected damage to the overcrossing, the State will bill the City of the cost of these repairs. 3 . LIABILITY . Nothing in the provisions of this Agreement is intended to create duties or obligations to, or rights in third parties not parties to this Agreement, or affect the legal liability of either party to the Agreement by imposing any standard of care 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 the Agreement. It is also understood and agreed that, pursuant to Government Code Section 895 . 4 , the City shall defend and fully indemnify and hold the State harmless for any damage or liability occurring by reason of anythinq done or omitted to be done by the City under or in connection with any work, authority, or jurisdiction delegated to the City under the Agreement. It is understood and agreed that neither the City nor any officer or employee thereof, is responsible for any damage or -3- � , . . . • � __ t� 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, nor delegated to the City under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895 . 4 , the State shall defend and fully indemnify and hold the City of Redding harmless from 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 not delegated to the City under this Agreement. 4 . EFFECTIVE DATE : This Agreement shall be effective upon the date of its• execution by the State . In WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written . CITY OF REDDING By: MIKE DAHL, Mayor STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION _ LEO J. TROMBATORE Director of Transportation By: RICHARD R. TRIMBLE, P.E . Deputy District Director ATTEST: ETHEL A. NICHOLS , City Clerk FORM APPROVED: RANDALL A. HAYS , City Attorney -4-