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HomeMy WebLinkAboutCalifornia, State Of; 1992-11-23; 11-8163C -1 - SD-5 ,'.M. R44.071-R45.571 FMA No. 11-8163 FREEWAY MAINTENANCE -THIS AGREEMENT, made and entered AGREEMENT *into, in duplicate this %34a day of the State of Califoknia, y//u 19xZ by and between acting\-by and throkgh the Department of Transportation, hereinafter referred to as "the STATE" and the CITY of Carlsbad, hereinafter referred to as Vhe CITY1l witnesseth: WHEREAS, on October 16, 1964, 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 State highway route 5, within the limits of the CITY of Carlsbad 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 landscape areas, within the freeway limits, and WHEREAS, the CITY has resumed or 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. 11 (a) The preservation and keeping of right 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) ” (cl Operation of special safety conveniences and devices, and illuminating equipment. 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." C -*age 02 of 04 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 llA1l, 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, rails, 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. INTERCHANGE OPERATION It is the responsibility of the STATE to provide efficient operation of freeway interchanges including ramp connections to local streets. The maintenance and energy 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. Timing of traffic signals shall be the responsibility of the STATE. 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 standard of care respecting the Page 03 of 04 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 any work authority 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, 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 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. 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 of the CITY to maintain designated areas pursuant to the terms of the Freeway Agreement, has been completed. Page 04 of 04 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ll?Amk / n/r~JLAy City Clerk ' STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES W. van LOBEN SELS Director of Transportation Attorney City Attorney /t7.7*9t* BY r” f i ;/ d ! ;i I 0 . i s p: I ; I v) I - i 8 I : =1 - n