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Home My WebLink AboutCC Resolution 8490 (Bellam Blvd Interchange)RESOLUTION NO. 8490 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF FREEWAY MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA FOR STATE HIGHWAY ROUTE 5SO AT THE BELLAM BOULEVARD INTERCHANGE WHEREAS, the State of California, through its Department of Transportation, has presented an agreement entitled "Freeway Maintenance Agreement" which concerns State Highway Route 580 (formerly Route 17) in the CITY OF SAN RAFAEL at the Bellam Boulevard Interchange, and WHEREAS, the CITY COUNCIL has heard and read said agreement in full and is familiar with the contents thereof; THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF SAN RAFAEL that said Freeway Maintenance Agreement be and the same is hereby approved and the Mayor and the City Clerk are directed to execute said agreement on behalf of said City, a copy of which is attached hereto and incorporated herein by reference. I, JEANNE. M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 19th day of August, 1991, by the following vote, to wit: AYES: COUNCILMEM 3ERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCII,MEMBERS: None ABSENT: COUNCILMEMBERS: None AVANNE Z. LEO CINI�Cl Clerk ORIGINAt �8y9� 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 the Department of Transportation, hereinafter referred to as "the STATE," and the City of San Rafael, hereinafter referred to as "the CITY" witnesseth: WHEREAS, on October 11, 1955, a freeway agreement was executed between the COUNTY OF MARIN and the STATE wherein the COUNTY agreed and consented to certain adjustments of the COUNTY road system required for the development of that portion of State Highway Route 580 (formerly Route 17), within the limits of the COUNTY OF MARIN as a freeway, and WHEREAS, the CITY has subsequently annexed certain County areas including areas which were previously included in said Freeway Agreement with the County of Marin, dated October 11, 1955, and WHEREAS, said freeway has been completed, 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 3 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." 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 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. 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. 3. 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. 4. INTERCHANGE OPERATION It is the responsibility of the STATE to provide efficient operation of freeway interchanges including ramp connections to local streets. In accordance with Cooperative Agreement No. 4-0495-C dated July 20, 1981, STATE agreed to maintain and operate the traffic control signal systems and safety lighting. 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. 5. 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 agreement. It is understood and agreed that pursuant to Government Code section 895.4 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. 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. n. 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. CITY OF SAN RAFAEL Approved as to Mayor ASST. CITY ATTORNEY - 1,• O _ lerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION A. A. PIERCE Interim Director of Transportation By "/ i , ) . Deputy Dfjstrict Director SAN ,)> RAFA.EL___j ST BELVEDERE ST O EAST EXHIBIT SEE SHEET 2 Bel tam Blvd. U,C. Br. No. 27- 73 L � R to ZeA,nard_ J "A" LOCATION MAP Sheet 1 of 2 FREEWAY MAINTENANCE AGREEMENT WITH THE CITY OF SAN RAFAEL 04 - MRN - 580 (17) P.M. 4.49 (2.0) Date June 4-, IVB Q Z 3 ¢ � EXHIBIT SEE SHEET 2 Bel tam Blvd. U,C. Br. No. 27- 73 L � R to ZeA,nard_ J "A" LOCATION MAP Sheet 1 of 2 FREEWAY MAINTENANCE AGREEMENT WITH THE CITY OF SAN RAFAEL 04 - MRN - 580 (17) P.M. 4.49 (2.0) Date June 4-, IVB EXHIBIT "A" 13L.V D. EAST PNG\yG0 - / •............. 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