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Home My WebLink AboutReso 40-1988 RESOLUTION NO. 40-88 CIT~ COUNCIL, CITY OF SOUTH SAN FRANCISCO, SLATE OF CALIFORNIA A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF FREEWAY MAINTENANCE AGREEMENT FOR SOUTH AIRPORT BLVD. AT 1-380 OVERCROSSING WHEREAS, the City of South San Francisco and the State of California entered in;o a Freeway Agreement dated July 6, 1971 which agreement provided for the colstruction by the State of California of Route 380 improvements at their inte-section with South Airport Boulevard and, WHEREAS, the Agreement provided that the City will accept control and maintenance of state improved City streets on notice to the City from the State that the Route 380 Improvements are complete and, WHEREAS, the State will retain ownership of the Route 380 Freeway Right-of-Way while the City will maintain certain improvements within the South Airport Boulevard roadway in accordance with the "Freeway Maintenance Agreement" concerning State Highway Route 380, NOW, -HEREFORE, Be It Resolved by the City Council of the City of South San FranciSco that: 1. ~pproval of Agreement. m -he Agreement entitled "Freeway Maintenance Agreement" between the State of California Department of Transportation and the City of South San Francisco is hereby approved. A copy of the Agreement ~s attached as Exhibit "1". 2. Execution of Agreement. ~he Mayor is hereby authorized to execute the Agreement. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 13th day of April, 1988, by the following vote: AYES: ICouncilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos, land Roberta Cerri Teglia NOES: INone ABSTAINED: None ABSENT: Councilmember Jack Drago EXHIBIT I TO RESOLUTION O. 40-88 FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into· in duplicate thisi 13th - ,day of- April ..... , 1988 , 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 South San Francisco, hereinafter , · referred to as "the City" witnesseth: I WHEREAS, on July 6, 1971· a Freeway Agreement was executed between the City and the State wherein the City agreed and consented to certain adjustments of the City street syst'em required for the development of that portion of State Highway Route 380, Post Mile 6.4 to Post Mile 7.1 within the limits of the City of South San Francisco from the 380/101 int4rchange to 0.7 mile east of Route 101 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 3 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. MAINTENANCE DEFINED: 'Maintenance is defined in Section 27 of the Streets and ~ighWays 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." 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 ag reement. 2. VEHICULAR UNDERCROSSINGS !The State will maintain the structure proper. The City will maintain the roadway section, including the traveled ! way, shoulders, curbs, sidewalks, drainage installations, and traffic service facilities (signs, pavement markings, etc.) that may be required for the benefit or control of City street traffic. 3. 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 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 i the CITY at CITY expense. 4. 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 intersections which qualifies as safety lighting under current warrants will be paid for by the State. The maintenance and operating 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 St ate. 5.i 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 standard of care respecting the maintenance of State highways different from the standard of care imposed by 1 aw. It is understood and agreed that neither 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 this Agreement for Maintenance. It is also 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 --4-- 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 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 for Maintenance. It is also 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 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 STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this Agreement. 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.. of 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. IN WITNESS W~EREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SOUT~ SAN FRANCISCO Mayor City Clerk Approved as to form and procedure: Attorney Department of Transportation City Attlorney STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DON WATSON, Acting Director of Transportation Deputy District Director CO LOCATION SEE FOR EX"HI B IT LIMITS SHEET Z DETAILS Control Charm ,North Acces,. ¢ FREE WAY L S A N f R I N T E R N A I R ...._¥1ClNrTY ~l,~P .. ROUTE 101 MAIi~T_F_NANCE.-AGREEJVIEN~: WITH "13-lE.CITY OF giB, o, loP! P.M. 6.4/ 7.1 , R20.7 A N A T P. 0 PM R20.7 C I $ C 0 I 0 N A L ;Sheet 'lI of'g SOUT.~ SAN-FRANC.I,,m:.O TRAFFIC SIGNAL CO.GT DISTRIBUTION C, ITY STAT~- L ol EXHIBIT "A"' PROPOSED RELINQUISHMENT NO.. 4.O_427 r Area Maintained' By City .FREE W'AY MAIN"ENANCE 04- SM- 380, I01 · ! 'AGREEMENT P.M. · PROPOSED RELINQUISHMENT NO" 40427 WITH THE CITY OF 6.4 / '7.1 , R20.7 _ Sheet 2..orr SOUTH SAN FRANCISCO