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Home My WebLink About1986-395 RESOLUTION NO. 86-395 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FREEWAY MAINTENANCE AGREEMENT, RELATING TO STATE HIGHWAY ROUTE 1-10, 3 BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION. 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: That authorization is hereby granted to 7 execute on behalf of said City a Freeway Maintenance Agreement 8 relating to State Highway Route 1-10, between said City and 9 the State of California, acting by and through its Department 10 of Transportation, a copy of which is attached hereto marked 11 Exhibit II All and incorporated herein by reference as fully as 12 though set forth at length herein. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at a rAglllrlr meeting thereof held on the -2..t.b. 16 day of October , 1986 by the following vote, to-wit: ... 17 18 19 20 21 22 23 24 25 of AYES: Council Members Estrada Reill Quiel Frazier Strickler NAYS: ABSENT: None Council Member Marks The foregoing resolution is hereby approved this 7ti- day , October , 1986. 26 27 28 1 Approved as to form: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~., I" ':f' /",""" / J" :.G._..,",:':' .' , "...>"'.: " '-'~ /) t:' ," -:':bC.v City Attorney .. - 2 - FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into, in duplicate this ~~ day of AlnVt~BE~ 1986, 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 Bernardino, hereinafter referred to as "the CITY", witnesseth: WHEREAS, on October 7, 1968 a freeway agreement was executed between San Bernardino County and the STATE wherein the CITY or San Bernardino 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 SAN BERNARDINO, 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, and WHEREAS, this freeway maintenance agreement supersedes all previous freeway maintenance agreements on State Highway Route 10 between the STATE and the CITY. 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 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 illuminatlng 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." EXHIBIT IIAII 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. 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, 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 Sec. 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. 4. PEDESTRIAN OVERCROSSINGS 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 -2- impervious and otherwise suitable surface. The CITY will also maintain all traffic service facilities provided for the benefit or control of pedestrian traffic. 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 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. 7. 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 main- tained 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. 8. 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 intersec- sections which qualifies as safety lighting under current warrants will be paid for by the STATE. The maintenance and operation 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. 9. LIABILITY 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 Freeway Agreement and this Freeway -3- Maintenance 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 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 Freeway Agreement and this Freeway Maintenance 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 not delegated to the CITY under the Freeway Agreement and this Freeway Maintenance Agreement. It is also understood and agreed, that pursuant to the Government Code Section 895.4, the STATE shall defend and fully indemnify and hold the CITY 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 the Freeway Agreement and this Freeway Maintenance Agreement. 10. EFFECTIVE DATE This Agreement supersedes to the extent that this is in conflict with 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 a~eas 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. -4- L IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SAN BERNARDINO By ~..:?.#H'4~$ Ci t~ Clerk Approved as to form and procedure: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LEO J. TROMBATORE Director of Transportation Attorney Department of Transportation By ti/J. C7 / ^ i.{;~1/)L~/)~~ District Director ... 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