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.
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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.
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30 Approved as to form:
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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.
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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
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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
;.
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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. LEGARRA
STATE HIGHWAY ENGINEER
BY
District Engineer
Approval as to form:
CITY OF
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Attorney for DeparL~ent
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Note: Approval by State's Attorney is not required unless
changes are made to this form, in which case, the
draft will be submitted for Headquarters' review
and approval by State's Attorney as to form and
procedure.
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