HomeMy WebLinkAbout25-Public Works
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cfiy OF SAN BERNARDQO - REQUBT NOPOFt COUNCIL ~
From: Roger G. Hardgrave
Dept: Public Works/Engineering
Date: 9-22-86
REe'8.-ADM1~(JbqL:t Authorization to Execute Freeway
8~ SEP 25 Pl\ 3: 31 Maintenance Agreement with Department
ffi 0 I of Transportation -- Route 1-10
@ Hunts Lane and Waterman Avenue
Synopsis of Previous Council action:
1968 -- Authorization granted to execute a freeway agreement consenting to
certain adjustments of city streets as required to facilitate con-
struction of the freeway.
Recommended motion:
Adopt resolution.
cc: Ray Schweitzer
Ralph Prince
M, Moreno
~sC~
Ward:
5025
1 & 3
Supporting data attached:
Roqer G. Hardgrave
Transmittal Letter
Phone:
Contact person:
FUNDING REQUIREMENTS:
Amount: N/ A
Source:
Finance:
Council Notes:
Agenda Item NO~
75-0262
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CIO OF SAN BERNARDIC)O - REQUEC)T FOR COUNCIL ACOoN
STAFF REPORT
Maintenance agreements have been executed by both the City and County
for this section of the Route 1-10 Freeway, There have been some modifications
to the freeway interchange geometrics and annexations to the City since the
execution of these agreements.
The proposed Freeway Maintenance Agreement supersedes these previous
agreements, in order to clarify the division of maintenance responsibilities.
This agreement pertains to the Hunts Lane and Waterman Avenue undercrossing.
The proposed agreement provides, in general, that the State will
maintain the structure, and the City will maintain the roadway section used by
local vehicular and pedestrian traffic. There will be no change in financial
obligation to the City, since the proposed agreement will not alter the main-
tenance actually performed by each agency.
We recommend that the agreement be approved.
75.0264
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RESOLUTIONqO.
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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 [-10,
3 BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND
THROUGH ITS DEPARTMENT OF TRANSPORTATION.
4
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOI~S:
6
SECT ION ONE:
Tha t au thori za ti on is hereby gran ted 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 "A" 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
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15 Bernardino at a
16 day of
meeting thereof held on the
. 1986 by the following vote, to-wit:
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25 of
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
. 1986.
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28
Mayor of the Ci ty of San Bernardino
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FR~WAY MAINTENAN~AGREEMENT
o
THIS AGREEMENT, made and entered into, in duplicate this
day of , 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
bet~r,~en 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
completi.on 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 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."
EXHIBIT "A"
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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 "An, 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
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impervious and otherwise suitable surface. The CITY will
also maintain all traffic service facilities provided for
the benefit or control of pedestrian traffic.
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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
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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, au~hority 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 areas pursuant to
prior written notice from the STAT~ that work in such
areas, which the CITY has agreed to maintain pursuant
to the terms of the Freeway Agreement, has been
completed.
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IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
CITY OF SAN BERNARDINO
By
Mayor
City Clerk
Approved as to form and procedure:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
LEO J. TROMBATORE
Director of Transportation
Attorney
Department of Transportation
By
District Director
City Attorney
By
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