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MA -",A
AGREEMENT
WITH
CITY OF REDLANDS
THIS AGREEMENT is made effective this 10h day of July, 2013, by and between the State of
California, acting by and through the Department of Transportation, hereinafter referred to as
"STATE" and the CITY of Redlands; hereinafter referred to as "CITY" and collectively referred
to as "PARTIES".
1. WHEREAS, on January 5, 1993 a Freeway Agreement was executed between CITY and
STATE, wherein the PARTIES consented to certain adjustments of the local street and road
system required for the development of that portion of Interstate 10 within the jurisdictional
limits of the CITY of Redlands as a freeway; and
2. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing
completion, and the PARTIES hereto mutually desire to clarify and revise the division of
maintenance, as defined in section 27 of the California Streets and Highways Code, and their
respective responsibilities as to separation structures and local CITY streets and roads, or
portions thereof, and landscaped areas lying within or outside those modified freeway limits;
and
3. WHEREAS, pursuant to Section I of the above January 5, 1993 Freeway Agreement, CITY
has resumed or will resume control and maintenance over each of the affected relocated or
reconstructed CITY streets, except for those portions adopted as a part of the freeway proper.
SECTION II
4. CITY agrees to continue their control and maintenance of each of the affected relocated or
reconstructed CITY streets and roads as shown on that plan map attached hereto, marked
Exhibit A, and made a part hereof by this reference.
STATE agrees to continue control and maintenance of those portions adopted as a part of
Interstate 10 Freeway proper as shown Exhibit A.
6. The PARTIES agree to share the maintenance responsibilities on individual infrastructure
items as provided in Exhibit C attached and made a part of this Agreement by reference, as
long as it is not in conflict with the terms of this Agreement. In case of a conflict the terms
of this • shall prevail.
7. If there is mutual agreement on the change in the maintenance duties between PARTIES, the
PARTIES can revise Exhibit C by a mutual written execution of Exhibit A and C.
8. When another planned future improvement has been constructed and/or a minor revision has
been effected within the limits of the freeway herein described which will affect the
PARTIES' division of maintenance responsibility as described herein, STATE will provide a
new dated and revised Exhibit A which will thereafter supersede the attached original Exhibit
A and become part of this Agreement.
9. CITY and STATE agree to accept their then respective operational and maintenance
responsibilities and related associated costs thereof in the event jurisdictional boundaries of
the PARTIES should change and Exhibit A is amended to reflect those changes.
10. CITY must obtain the necessary Encroachment Permits from STATE's District 8
Encroachment Permit Office prior to entering STATE right of way to perform CITY
maintenance responsibilities. This permit will be issued at no cost to CITY.
11. VEHICULAR AND PEDESTRIAN OVERCROSSINGS
11.1. STATE will maintain, at STATE expense, the entire structure of any STATE
constructed vehicular and pedestrian overcrossings of Interstate 10 below the deck
surface except as hereinafter provided.
11.2. CITY will maintain, at CITY expense, the deck and/or surfacing and structural drainage
system (and shall perform such work as may be necessary to ensure an impervious
and/or otherwise suitable surface) and all portions of the structure above the bridge
deck, including, but without limitation, lighting installations, as well as all traffic
service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be
required for the benefit or control of traffic using that overcrossing.
11.3. At such locations as shall be determined by STATE, screening shall be placed on
STATE freeway overpasses on which pedestrians are allowed as directed by section
92.6 of the Streets and Highways Code. All screens installed under this program will
be maintained by STATE, at STATE expense.
12.1. STATE will maintain the structure proper of all STATE -constructed vehicular and
pedestrian undercrossings of STATE freeways while the roadway sections, including
the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating
graffiti), drainage installations, lighting installations and traffic service facilities that
may he required for the benefit or control of traffic using that undercrossing will be
maintained by CITY
12.2. CITY will request STATE's District Encroachment Permit Engineer to issue 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 STATE). If the planned modifications will result in a
19
reduction in the minimum clearance within the traveled way, an estimate of the
clearance reduction must be provided to STATE's Transportation Permit Engineer prior
to starting work. Upon completion of that work, a clearance diagram will be furnished
to STATE's 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.
13. WALLS AND COLUMNS — Responsibility for debris removal, cleaning, and painting to
keep CITY's side of any wall structure or column free of debris, dirt, and graffiti shall not lie
with STATE.
14. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES - Responsibility for
the maintenance of any plantings or other types of roadside development lying outside of the
fenced right of way area reserved for exclusive freeway use shall lie with CITY and not with
STATE.
15. INTERCHANGE OPERATION - It is STATE's responsibility to provide efficient operation
of freeway interchanges, including ramp connections to local streets and roads.
I
16.1. The cost of installation, operation, maintenance, repairs, replacement and energy costs
of safety lighting, traffic signals or other necessary electrically operated traffic control
devices placed at interchanges of Interstate 10 Freeway and CITY streets and roads and
at ramp connections or Interstate 10 and CITY facilities shall be shared by the
PARTIES as shown in Exhibit "B" which, by this reference, is made a part of this
Agreement. (Shared Cost Electrical Agreement can be entered into by the PARTIES as
a part of this agreement itself instead of a separate agreement. Or a separate "Shared
Cost Electrical Agreement" may be executed in the future allocating these costs
between the PARTIES.
16.2. The said cost shall be paid by STATE and the CITY shall reimburse the STATE their
agreed upon share.
16.3. The said cost shall be paid by CITY and the STATE shall reimburse the CITY their
agreed upon share.
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17. BICYCLE PATHS - Except for bicycle paths constructed as permitted encroachments within
STATE's right of way for which the permittee is solely responsible for all path
improvements, STATE will maintain, at STATE expense, all fences, guard railing, drainage
facilities, slope and structural adequacy of any bicycle path located and constructed within
STATE's right of way. CITY will maintain, at CITY expense, a safe facty 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 that non -motorized facility.
18. LEGAL RELATIONS AND RESPONSIBILITIES
18. 1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not PARTIES to this Agreement or to affect the
legal liability of a PARTY to the Agreement by imposing any standard of care with
respect to the operation and maintenance of STATE highways and local facilities
different from the standard of care imposed by law.
18.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by STATE,
under or in connection with any work, authority or jurisdiction conferred upon STATE
arising under this Agreement. It is understood and agreed that STATE shall fully
defend, indemnify and save harmless CITY and all of their officers and employees
from all claims, suits or actions of every name, kind and description brought forth
under, including, but not limited to, tortuous, contractual, inverse condemnation and
other theories or assertions of liability occurring by reason of anything done or omitted
to be done by STATE under this Agreement
18.3. Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
CITY under or in connection with any work, authority or jurisdiction conferred upon
CITY and arising under this Agreement. It is understood and agreed that CITY shall
fully defend, indemnify and save harmless STATE and all of its officers and employees
from all claims, suits or actions of every name, kind and description brought forth
under, including, but not limited to, tortuous, contractual, inverse condemnation or
other theories or assertions of liability occurring by reason of anything done or omitted
to be done by CITY under this Agreement.
19. PREVAILING WAGES:
(I . will col
and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that
it is construction, alteration, demolition, installation, or repair-, or maintenance work
under Labor Code section 1771. CITY must conform to the provisions of Labor Code
sections 1720 through 1815, and all applicable provisions of California Code of
Regulations found in Title 8, Chapter 8, Subehapter 3, Articles 1-7. CITY agrees to
include prevailing wage requirements in its contracts for public work. Work performed
by CITYs own forces is exempt from the Labor Codds Prevailing Wage requirements.
19.2. Requirerugnts in SubconiLacts, - CITY shall require its contractors to include prevailing
wage requirements in all subcontracts fimded by this Agreement when the work to be
performed by the subcontractor is a "public work" as defined in Labor Code Section
1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing
wage requirements set forth in CITY's contracts
F-0. INSURANCE - CITY and its contractors shall maintain in force, during the term of this
agreement, a policy of general liability insurance, including coverage of bodily injury
liability and property damage liability, naming the STATE, its officers, agents and
employees as the additional insured in an amount of $1 million per occurrence and $2 million
in aggregate. Coverage shall be evidenced by a certificate of insurance in a form satisfactory
to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
20.1. SELF -INSURED using Contractor - If the work performed under this Agreement is
done by CITY's contractor(s), CITY shall require its contractor(s) to maintain in force,
during the term of this agreement, a policy of general liability insurance, including
coverage of bodily injury liability and property damage liability, naming the STATE,
its officers, agents and employees as the additional insured in an amount of $1 million
per occurrence and $2 million in aggregate. Coverage shall be evidenced by a
certificate of insurance in a form satisfactory to the STATE and shall be delivered to
the STATE with a signed copy of this Agreement.
21. TERMINATION - This Agreement may be terminated by timely mutual written consent by
PARTIES, and CITY's failure to comply with the provisions of this Agreement may be
grounds for a Notice of Termination by STATE.
22. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown
on its face sheet and shall remain in full force and effect until amended or terminated at any
time upon mutual consent of the PARTIES or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this
Agreement and have delegated to the undersigned the authority to execute this Agreement on
behalf of the respective agencies and covenants to have followed all the necessary legal
requirements to validly execute this Agreement.
wr') rff f r6sr I r:1 o nave SUCIRUT 0—nds' and seats lie (lay and year tirst
above writtex.
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Pete Aguifir—,Mayor
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Sam fiiA-n, dty-derk
STATE OF CALIFORNIA
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Malcolm Dougherty
Director of Transportation
Deputy District Director
Maintenance District
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r. ATTACHMENT
THIS AGREEMENT, made and entered into, in duplicate this
5th day of January , 1993 by and between the State of
California, acting by and through the bepartment of
Transportation, hereinafter referred to as "the STATE", and the
City of Redlands, hereinafter referred to as "the CITY",
witnesseth:
WHEREAS, freeway agreements were executed between the CITY
and the STATE and San Bernardino County and the STATE, wherein
the CITY of Redlands County agreed and consented to certain
adjustments of the CITY street or COUNTY road system required for
the development of that portion of State Highway Route 10, within
the current limits of the CITY of Redlands, as a freeway, and the
CITY has annexed areas within the COUNTY and has assumed the
obligation of maintenance from the COUNTY 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, with the freeway limits, and
WHEREAS, under the above freeway agreements, the CITY has
resumed or annexed control and maintenance over each of the
relocated or reconstructed CITY streets except of those portions
thereof adopted as a part of the freeway proper.
Maintenance is defined in Section 27b 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 • - or by ; a or other
weather conditions, slides, settlements or other
unusual or unexpected damage to a roadway,
structure or
NOW THEREFORE, IT IS AGREED:
1. When a planned future improvement has been constructed,
a minor revision has been effected within the limits of
the freeway herein described or when limits have been
revised by annexation, which affect 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.
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 performm such work as
may be necessary to provide an impervious and 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 by STATE on STATE freeway
overpasses on which pedestrians are allowed (as
directed by Section 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 UNDERCROSSINGS
The STATE will maintain the structure proper. The
roadway section, including the traveled way, shoulders,
curbs, sidewalks, walls (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 STATE will maintain,
structure below the .. of the concrete deexclusive of any ck surface, treatment thereon.
will maintain, .. of the concrete
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 provide
an impervious and otherwise suitable surface. The CITY
will also maintain all traffic service facilities
provided for the benefit or control of pedestrian
traffic.
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, including but not limited to
keeping the structure free of debris and graffiti.
6. SOUND WALLS
The STATE will maintain the structure from a structural
standpoint. 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 be 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.
it is the responsibility of # provide
efficient operation of freeway interchanges including
ramp connections to local streets. The STATE will not
pay for the maintenance, repair, servicing, or power
for ordinary streetlighting; however, lighting at
intersections which qualifies as safety lighting under
current warrants will • - paid # by
maintenance and operation costs of safety lighting,
traffic signals or other
operated traffic control devices ramp #connections•
CITY streets shall • ' shared, between - STATE and the
CITY on a prorata basis in the same ratio as the number
oflegsofthe interchange
under jurisdiction
bears to totalt! • oflegs.Timing of
signalsbe # # • of
9. 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 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 Freeway Maintenance
Agreement. It is also understood and agreed that,
pursuant to Government Code Section 895.4, the CITY
shall defend, indemnify 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 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 Freeway Maintenance
Agreement. It is also understood and agreed that,
pursuant to the 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 except as otherwise provided
by Statute.
"Attorney's Fees. In the event any action is commenced
to enforce or interpret the terms or conditions of this
agreement, the prevailing party shall, in addition to
any other cost and relief, be entitled to a reasonable
attorney's fees."
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This Agreement supersedes previous freeway maintenance
agreements entered into by the STATE and the CITY on
Route 10 and 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.
P
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
MayRCV, V
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City lark*
Approved as to form and procedure STATE OF'CALITOI�XIA
DEPARTMENT` -OF -"TRANSPORTATION
JAMES W. VAN LOBEN SETS
Director of Transportation
Department of Transportation Bye ZA~d j_T
ROBERT H. THOMPSON
Deputy District Director
Maintenance
City Attorney
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