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Home My WebLink AboutAgenda Report - March 4, 1992 (53)-114 � CITY OF LODI •�all„. .: AGENDA TITLE: Freeway Maintenance Agreement Nc. X-95, Supplement 1 MEETING DATE: March 4. 1992 PREPARED BY; Public Works Director RECOMMENCED ACTION: That t`e City Council adopt a reso'.utior approving Freeway Maintenance Agreement X-95 (SI) between the State of California and the City for maintenance of State highways in the City of Lodi and authorizing the Mayor and City Clerk to execute the agreement. BACKGROUND INVj5 jMTjGC1: This agreement clarifies the division of maintenance responsibility cs t, separation structures and City =_treats and lanr,,jped areas within the freeway limits. The Gr'ginal agreement was signed by the City and State on January 2, 1964. This modifies the old agreement to reflect what is currently being maintained by the City in the area of Turner Road due to annexations since the original agreement was signed. The new agreement also changes some of the language and adds several sections not included in the old section. These changes do not change City responsibility or maintenance requirements. FUNDING: Not applicable. r Jack L. Ronsko �Publff Works Director Prepared by Sharon Blaufus, Administrative Assistant JLR/SB/]m Attachment cc: City Attorney Street Superintendent APPROVED 1 -PETERSON City Marmgw CC -1 CFREEWAY/TXTW.02M (CO.COM) February 25, 1992 C11Y COUNCIL WAS W. PINKEMN, Maya PHILUP A PENNINO Mayor Pro Twnpore DMD M. HINCHMAN WaC A SMAM pFiN R Man*) SNIDER CITY OH LODI CITY MALL. 221 WEST FINESTREET P.Q. Box 30% LODI, CALIFORNIA 95241-1910 (209) 334-5634 FAX (209) 333-6795 W. H Gilmore, P. E. Maintenance Engineer State of Califcrnia Department of Transportation P.O. Box 2048 Stockton, CA 95201 March 6, 1992 10 -SJ -99-27.7131.7 City of todi Fe: Freeway Maintenance Agreement No. X-95 Supplement No. 1 Dear Mr. Gilmore: THOMAS A. PETERSON City Manaser ALICE M. REtMCHE City Ckrk BOB WNATT City Attorney Pursuant to your February 18, 1992 letter, enclosed please find original and one cop; of the above referenced agreement and a certified copy of authorizing Resolution No. 92-40. Should you have any questions regarding the matter. hesitate to call this office. Very truly yours. V AO& Alice M. Reimche City Clerk Enclosures please do not FMA NO. X-95 (S1) 10 -SJ -99-27.7/31.7 CITY OF LOCM FREEWAY MAINTENANCE AGREEMENT CITY OF LODI THIS AGREEMENT, made and executed in duplicate tnis day of , 1992, 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 MDI, hereinafter referred to as the "CITY." WITNESSETH WHEREAS, freeway agreements were executed between the County of San Joaquin and the State wherein the County aoreed and consented to certain adjustments of the County road system required for the development of that portion of State Highway Route 99 within the limits of the County of San Joaquin as a freeway, and WHEREAS, said freeway has been completed and the City of Lodi has in the meantime annexed this area, resulting in the County road becoming a City street, and rhe 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 the above freeway agreements 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, and 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. DOWN 2 "(b) Operation of special safety conveniences and devices, and illuminating equipment. 1' (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 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 andfor 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 strurture above the bridge deck, as above specified, including lighting installations, as well as all traffic service facilities (signals, signs, pavement markings, rails, etc.) that may be required for the benefit or control of City 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 Section 92.6 of the Streets and Highways Code). All screens installed under this program will be maintained by the STATE at STATE expense. 3. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES If there be any responsibility for maintenance of any plantings or other types of roadside development lying outside of the area reserved for freeway use, it shall lie with the CITY and not with the STATE. 3 4. 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 standa'7d of care respecting the maintenance of State highways different from the standard of care imposed by law. 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 ary work authcrity or jurisdiction delegated to the CITY under this Agreement. It is 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. 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 delegated to the STATE under this Agreement. It is 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 nama, 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. 5. 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 cf 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. 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Approved as to Form and procedure: Attorney Department of Transportation City Attorney - By �city C [ STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES W. VAN LOBEN SELS Director of Transportation By District Director CL1 r - C D J .C] O 4- O m L d � Q Q C v C U � � m LsJ U- .C] O 4- O m L d F r 1 r7A�• • d P I Q 1 cu c r Z d P I Q J >< t CITY OF LODI 44F DIST I CO I RTE (POST MILES ISHEET OF SHEET 01 FREEWAY LIMITS -7sTA. r.,+92 LOCATION 3 z�RgEWAY EXHIBIT "A" area to be Maintained by City 0" 11j + li T3N. R.7 E. M.C. 81 I 5(t 10 i XMMI11ma r? r r v •�_ j DIST l CO I RTE (POST MILES HEET FMA X-95, Supplement 1. (2-18-92} • ,�w� T3KRBEMDR 8M ,I • �� X ` `1.• 5 � 1f , 1 f 1 r 1 .,�• t r. tMw� �' ■ �•hM N' 11 1 : } ryrr.rr •4•NrrNi c r � '' f FREEWAY LIMITS " STA. 673 + 46 T4 N. Et- I41.876-47-1 ' kreo to be MaIntoined by City - ' Tarner Road , VICINITY MAP.. Freeway Ma1ntalnonce Agreement EXHIBIT r? r r v •�_ j DIST l CO I RTE (POST MILES HEET FMA X-95, Supplement 1. (2-18-92} • ,�w� T3KRBEMDR 8M ,I • �� X ` `1.• 5 � 1f , 1 f 1 r 1 .,�• t r. tMw� �' ■ �•hM N' 11 1 : } ryrr.rr •4•NrrNi c r � '' f FREEWAY LIMITS " STA. 673 + 46 T4 N. Et- I41.876-47-1 ' kreo to be MaIntoined by City - ' Tarner Road , VICINITY MAP.. Freeway Ma1ntalnonce Agreement EXHIBIT "All C, e RESOLUTION NO. 92.40 as:alaa!lsaap:isiiassiimaa A RESOLUTION OF THE LODI CITY COUNCIL APPROVING FREEWAY MAINTENANCE AGREEHFNT X-95, SUPPLEMENT 1, FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF LODI was= Ia! si!liiaaisals!lsss is!!!iaias was *= alillswaftsa feaasis WHEREAS, the State of California through its Department of Transportation, has presented an Agreement for Maintenance of State Highways in the City of Lodi, effective upon the date of its execution by the State and to remain in effect until amended or terminated; and WHEREAS, said agreement modifies an original agreement dated January 2, 1964 to reflect what is currently being maintained by the City in the area of Turner Road due to annexations since the original agreement was signed, and modifies language and adds sections, which do not, however, change City responsibility or maintenance requirements; and WHEREAS, a copy of the subject agreement marked "Exhibit A" is attached hereto and thereby made a part hereof; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lodi that said Freeway Maintenance Agreement X-95. Supplement I, for maintenance of ;taste Highways in the City of Lodi Is hereby approved and the Mayor and City Clerk are directed to sign the same on behalf of the City. Dated: March 4, 1992 ssaslasifrssssasssfrs:ftfRsaass:fNsssafrssfefrs:a s sssfesft:sass=: fes ssssssftassss:i I hereby certify that Resolution No. 92-40 was passed and adopted by the Lodi City Council in a regular meeting held March 4, 1992 by the following vote: Ayes: Council Members - Hinchman, Pennino, Sieglock. Snider and Pinkerton (Mayor) Hoes: Council Members - None Absent: Council Members - None GL&A.'-A ��kwlttPv--, Alice M. Reimthe City Clerk 92-40 RES9240/TXTA.U�J