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HomeMy WebLinkAbout10735 1 /0735 RESOLUTI ON NO. 2 A RESOLUTION i)F THE MAYOR ANi! COl1MON COUNCIL OF THE CITY ClF SAN BERNARDINO AUTHORI !ING THE EXECUTION OF A FREEwAY HAINhNANCE AGREEMENT BETWEEN 3 SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THR'JIj(;H TW DEPARTI"lENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS, RELATING TO THE DIVISIlN IF MAINTENANCE 4 RESPONSIBILITY ON ROUTE 30 FREEWAY, BETWEEN 0.3 MILES WEST OF WATERI1.<\N AVENUE AND HIGHLAND AVENUE. 5 BE IT RESOLVED BY THE MAYOR AN J COHMON CJUNCI L OF THE CITY OF SAN 6 BERNARDINO AS FOLLOWS: 7 SECTION ONE: The Mayor of the City of San Bernardino is hereby 8 authorized and directed to execute on behalf ~f said City a Freeway Maintenance 9 Agreement between the State of California, acting by and through the Department 10 of Public Works, Division of Highways, relating t,~ the divisi'~n of maintenance 11 responsibility on Route 30 Freeway, between 0.3 miles west of Waterman Avenue 12 and Highland Avenue, a copy of which is attached hereto, marked Exhibit ''A'" 13 I and referred to and made a part hereof as fully as though set forth at length 14lherein. 15 16 17 18 19 20 21 22 23 24 25 26 I HEREBY CERTIFY that the foregoing resoluti~n was duly adopted by the l'layor and Common Counci I of the City of San Bernardino at a ,/J~~/l' meeting thereof held on the J 71~./ day of m~ ,1971 by the follow- ing vote, to-wit: AYES: Councilmen ,C::UA"/'/Y~ -It/AJ'JbL L/h.t:'?/:4t " / ~ ~ / 1It?n#2~, 4/~7~, ~jJ":?/ ;;;(dA'~~7/""", NOES: ~/;1c~ ABSENT: ~?'~ -, ,/ ~=~1;/"~r The foregoing resolutbn is hereby appr~ved this J%t4v day of 27 /JJ ~ 28 29 , 1971. /,/ /' 30 Approved as to form: ~ "=... 'r'~ ff'''''''''''' '= 1;:1 ""'""" fi)", L4. , ~",.. :~ ;/{/4IU %uu1/~C Ii c~:;torney l':f'.\' 1 _: ,." LL:pG;~()RTH, City ClerK . eY~.~ o o EXHIBIT A Page 1 FREEWAY MAINTENANCE AGREEMENT THIS AGREE~lliNT, made and entered into, in duplicate, this , day of , 19 , by and between the State of California, acting by and through the Department of Public Works, Division of Highways, hereinafter for convenience referred to as "the State," and the. City of San Bernardino , hereinafter for convenience refferred to as " the City," witnesseth: January 20, 1964 WHEREAS, on March 9 , 19 65 , 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 St~te Highway Route 30 , within the limits of the City of San Bernardino , 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 4 of the above freeway agreement, 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. /r- .' . o FXII:T.BJ1j' A () Page 2 NOW THEREFORE, IT IS AGREED: 1. ROADWAY SECTION S The City will maintain, at City expense, all " portions of City Streets and appurtenant'structures and bordering areas, within the shaded area on the attached map marked EXHIBIT "A" and made a part hereof by this reference. 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, as well uS all traffic service facilities that may be required for the benefit or control of City Street traffic. 3. VEHICULAR UNDERCROSSINGS The State will maintain the structure proper. The road- way section, including the traveled way, shoulders, curbs, side- walks, walls, drainage installations and traffic service facilities 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 sur:ace treatment thereon, and all portions of the o () EXHIBIT A Page 3 structure above the concrete deck surface, and shall perform such other work as may be necessary to insure an impervious and otherwise suitable surface., The city will also maintain all traffic service facilities provided f.orthe'benefit or, control of pedestrian traffic. 5. PEDESTRIAN UNDERC~OSSINGS 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 obscenity. 6. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES Landscaped areas within the limits reserved for freeway use, including traffic interchanges and on and off ramp are~s 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. 7. RESPONSIBILITY 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 further clarified by this Fre~way Main- tenance Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, the City shall ;. c EXHIBIT A () Page 4 fully indemnify and hold the State harmless from 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 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 further clarified by this Freeway Maintenance Agreement. It is also understood and agreed, that pursuant to the Government Code Section 895.4, the Department sllall 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 further clarified by 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 Agreement shall not affect any pre- existing obligations of the City to ~aintain 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. , c . EXHIBIT A () Page 5 STATE OF CALIFORNIA DEPARTMENT DF PUBLIC WORKS DIVISION OF HIGHWAYS J. A. 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