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HomeMy WebLinkAboutCC Resolution 7620 (Freeway Maintenance Agreement)RESOLUTION NO. 7620 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING FREEWAY MAINTENANCE AGREEMENT (Highway 101 from Mission Avenue to 0.3 mile of Miller Creek Road Overcrossing) WHEREAS, the State of California, through its Department of Transportation, has presented an Agreement entitled "Freeway Maintenance Agreement" which concerns State Highway Route 101, in the City of San Rafael from Mission Avenue to 0.3 mile north of Miller Creek Road Overcrossing, WHEREAS, the CITY COUNCIL has heard 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 the same on behalf of said City. 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 21st day of September, 1987, by the following vote, to wit. AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None r JE•M. LE NCI , City lerk IG IN Ag. 760 THIS AGREEMENT, made and entered into, in duplicate this 2nd ,day of r P h, -r , 19.8.7--, 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 RAFAE.L, hereinafter referred to as "the CITY" witnesseth: WHEREAS, on April 20, 1987, a modification of Freeway .t Agreements and Supplemental Freeway Agreement dated January 24, 1963, May 24, 1963 and August 5, 1966 was executed between zhe 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 101, within the limits of the CITY of San Rafael, as a freeway, and WHEREAS, said freeway 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 3 of the above freeway agreements dated January 24, 1963 and May 24, 1963, 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 *� .._ S X LIM 1:WAft UMEAW-T-K- iql or device, planting, illuminat ir- 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 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 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. -2- 3. SOUND WALLS The State will maintain the structure from a structural standpoint. The CITY will be responsible for all cleaning and painting as may be required to keep the CITY's side of the structure free of debris and graffiti. 4. 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 State's right of way. 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. 5. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES Landscaped areas within the limits reserved for freeway use, including traffic interchanges and on -and off -ramp areas but excluding frontage road areas, will be maintained by the State, at State expense. All plantings or other types of roadside development lying outside of the area reserved for freeway use will be maintained by the CITY at CITY expense. 6. 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 maintenance, 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. -3- 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. 7. 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, 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. QC It is und, stood 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 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. 8. 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. -5- IN WITNESS HEREOF, the parties heret,. nave set their hands and seals the day and year first above written. Approved as to form and procedure: Tq-;144�� ��� Attorney Department of Transportation City Attorney By CITY OF SAN RAFAEL L By Mayor Ci +.leek STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LEO TROMBATORE Director of Transportation 4OCt /YLI By Ae 6re.h ita 41 Deputy District Director ROBERT E. GRAHAM EXHIBIT "A" LOCATION NO. 3 SEE SHEET 4 FOR8E5 O.N. — .. no 117-02(M.ilr7 8� y LOS I RANCHITO LOCATION N O . 1 jNORTH SAN PED 0 b U.0 to Rost SEE SHEET 2 - �, I � " IRWN CNEEX ClA.VER" �r _ °+ vel l @R IND. ZI-97(FA/znd) � o LINCOLN AVE. U.C.` LINDEN LANE U.C. LOCATION NO. 2 41 a SAN RAFAEL vlAoucT S E E SHEET 3 Lf6FN0 ® 1r�fieirq �� Gy�iir� rz/ firrin� .►—� Jeundwa// VICINITY MAP Sheet 1 of 4 FREEWAY MAINTENANCE AGREEMENT WITH THE CITY OF SAN RAFAEL 04—MRN-101 PM 11.0!15.9 AUGUST 18, 1987 " r co s V►� 0 Q z ©©7' F� N L Q 01 N L Q —4� .. . ....... ... .............. ........... .......... .......... �.J J 3 Lij -f- I ....................... ................ . ..... . .......... I',- . .. . . . . . . . . . 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