HomeMy WebLinkAboutContracts & Agreements_26-1993_CCv0001.pdf FREEWAY MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into, in duplicate this 1 , day of
August 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
Redlands, hereinafter referred to as "the CITY" witnesseth:
WHEREAS, on April 20, 1971, 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 30,
within the limits of the CITY of Redlands, 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
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.
(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."
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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 and/or 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, 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. VEHICULAR UNDERCROSSING
The State will maintain the structure proper. The roadway section, 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 CITY street traffic will be
maintained by the CITY.
The CITY will inform the State District Transportation Permit
Engineer and obtain the necessary Encroachment Permit for any proposed change
in minimum vertical clearances between the traveled way portion of the
under-roadway surface and the Structure that results from modifications to the
under-roadway, except when said modifications are made by the State. If the
planned modifications will result in a reduction in the minimum clearance within
the traveled way, an estimate of the clearance reduction will be provided to the
State District Transportation Permit Engineer prior to starting -work. Upon
completion of the work, a clearance diagram will be furnished to the State District
Transportation Permit Engineer that shows revised minimum 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.
4. PEDESTRIAN OVERCROSSING
The State will maintain, at State expense, the entire structure below the top of the
concrete deck surface, exclusive of any surface treatment thereon. The CITY will
maintain, at CITY expense, the top of the concrete deck surface, together with
any surface treatment thereon, and all portions of the structure above the
concrete deck surface, EXCEPT SCREENING which will be maintained by the
State at State expense, and shall perform such other work as may be necessary to
ensure an impervious and otherwise suitable surface. The CITY will also maintain
all lighting and traffic service facilities provided for the benefit or control of
pedestrian traffic, and will be responsible for all cleaning and painting as required
to keep the structure free of debris and graffiti.
5. PEDESTRIAN UNDERCROSSING
The State will maintain the structure from a structural standpoint. The CITY
will maintain all drainage and lighting installations and will be responsible for all
cleaning and painting as may be required to keep the structure free of debris and
graffiti.
6. SOUND WALLS
If there be any responsibility for cleaning and painting to keep the CITY's
side of the structure free of debris and graffiti, it shall lie with the CITY and not
with the State.
7. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES
If there is any responsibility for maintenance of any plantings or other types of
roadside development lying outside of the area reserved for freeway use, it shall
lie with the CITY and not with the State.
S. 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. Timing of traffic signals shall
be the responsibility of the State.
9. BICYCLE PATHS
The State will maintain, at State expense, all fences, guardrailing, drainage
facilities, slope and structural adequacy of the path located and constructed within
the State's right of way. The 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 the non-motorized facility.
10. LEGAL RELATIONS AND RESPONSIBLITIES:
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, 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.
11. 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
Approved at a regular City
Council meeting held July 20 , 1993. CITY OF REDLjANDS
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Mayor
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City CIei k
STATE OF CAL FORNIA-
DEPARTMENT`OF TRANSPORTATION
JAMES VAN LOBEN SELS
Attorney Director of Transportation
Department of Transportation
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City Attorney Deputy Disdict Director
Maintenance
enance
By
Approval by State's Attorney is not required unless changes are made to this farm, in
which case the draft will be submitted for Headquarters' review and approval by State's
Attorney as to form and procedure.
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I, Lorrie Poyzer, City Clerk of the City of Redlands, California, do hereby certify
under penalty of perjury that the following is a true and correct excerpt from the minutes of
the City Council meeting held on July 20, 1993:
"Freeway Maintenance Agreement - On motion of Councilmember Foster,
seconded by Councilmember Larson, Council unanimously approved a freeway
maintenance agreement between the State of California Department of
Transportation (Caltrans) and the City of Redlands, covering portions of the
roadways related to the completion of State Route 30, and authorized the Mayor
and City Clerk to sign the agreement on behalf of the City."
The undersigned further certifies that the above action has not been repealed or
amended and remains in full force and effect.
WITNESS my hand and the official seal of the City of Redlands, California, this 21st
day of July, 1993.
Lorne P zer, Cit e
City of edlands ': orn�a
P.O. BOX 3005 REDLANDS, CA 92373
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