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Home My WebLink About1973-04-03; City Council; 1092; Freeway Maintenance Agreement Interstate 5 Division of Highways Direct of Public Works‘c - ,a, : _ ‘THE C tTY OF CARtSPAD, Ct L IFOP, IA J-- ,J$r. f$G’:c I* “’ *Agenda iiiil ^Joip;~ Date April 3 , 1973 Referred To: Subject: - Submitted By: Freeway Maintenance Agreement - Interstate 5 Director of Pub1 ic’ Works ‘I Division of Highways s@ - Statement of the Matter Prior to the widening of Interstate 5, Agreement (dated March, the City entered into a Freeway 1970) with the Division of Highways. This Freeway Agreement stipulated that the City would accept control and maintenance of City streets, frontage roads and. pedestrian facilities relocated or reconstructed by the State. This is accomplished by a separate maintenance agreement. Due to a drainage problem on Elm Avenue, which the State has agreed. to correct, the Elm Avenue undercrossing has not been included in the maintenance agreement. The Division of Highways is requesting that the maintenance agreement be executed by the City as soon as possible and will process an amendment tothe.:agreement after the Elm Avenue drainage problem is corrected. Exhibit 1 ) Resolution No. 3/ 4/ authorizing and directing the Mayor to execute the Freeway MaintLnance Agreement 2) Freeway Majntenance Agreement Staff Recommendat ions Adopt Resolution No a/b/ authorizing and directing the Mayor to execute the Freeway Ma inten:nce Agreement. . ‘t- I -.,’ ,- . / ._ .a - , c ( A3 No. . 4 Date: Apr.i 1 3 -, ,197s . I . 9s . . . . ., . ;. . . . City Nlanagcr’s Recommendation .., ,.’ . Con-cur * . . m - . . . . . . . . . L - . . - . . 4-3-73 ReSolutiop #3101 was adopted, authorizing and diVecti.ng the Mayor . .to execute the Freeway Maintenance Agreeme'nt, 3s .recommended bj the Director of'Pu'blic Works.' 1 f . . . . - . . \ . . . . . . - . . . ‘. . . . - . . .’ .a . .‘.’ ‘; :., . (. l . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. 3101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECT- ING THE MAYOR TO EXECUTE THE FREEWAY MAINTENANCE AGREEMENT (INTERSTATE 5) WHEREAS, the City entered into a Freeway Agreement on March 25, 1970, to accommodate the widening of Interstate 5; and WHEREAS, the City agreed to accept control and maintenance of relocated and reconstructed City streets upon completion of construction; and, WHEREAS, the State relocated and reconstructed certain City streets as shown on Exhibit "A" of Freeway Maintenance Agreement attached hereto; THEREFORE, the City Council of the City of Carlsbad does hereby resolve as follows: That the Mayor of the City of Carlsbad is hereby authorized and directed to execute on behalf of the City that certain Freeway Agreement, a copy of which is attached hereto and by this reference incorporated herein. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held April 3, 1973, by the following vote, to wit: AYES: Councilmen McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: Councilman Dunne. . McCOMiS, Vice Mayor ATTEST: I d 4-Qy4L~~~ .LADAMS, City Clerk FMA 11-8066 11-SD-5 47.31-51.019 FREEWAY MAINTENANCE AGREEMENT this THIS AGREEMENT, made and entered into, in duplicate, 16 tk day of QLLJ , 19 713, 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 Carlsbad, hereinafter for convenience referred to as "the City," witnesseth: WHEREAS, on March 25, 1970, 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 free- way, 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 the provisions 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. . . . NOW THEREFORE, IT IS AGREED: 1. ROADWAY SECTIONS The City will maintain, at City expense, all portions of City Streets and appurtenant structures and bordering areas, within the shaded area on sheets 2 through 5 and 7 through 8 of 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 neces- sary 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 as 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 roadway section, including the traveled way, shoulders, curbs, sidewalks, walls, drainage installations and traffic service facilities will be maintained by the City. 4. PEDESTRIAN OVERCROSSINGS (NOT APPLICABLE) 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 -2- 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, and shall perform such other work as may be necessary to ensure an impervious and otherwise suitable surface. The City will also maintain all traffic service facilities provided for the benefit or control of pedestrian traffic. 5. PEDESTRIAN UNDERCROSSINGS (NOT APPLICABLE) The State will maintain the structure from a struc- tural standpoint. The City will maintain all drainage and lighting installations and will be responsible for all clean- ing and paint 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 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. 7. RESPONSIBILITY It is understood and agreed that neither the State, nor any officer or employee thereof is responsible for any - 3 - , 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 Freeway Maintenance Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, the City shall 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 shall 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 jurisdic- tion delegated to the City under the Freeway Agreement and further clarified by this Agreement. -4- * . . 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 maintain desig- nated areas pursuant to prior written notice from the State that work in such areas, which the City has agreed to main- tain pursuant to the terms of the freeway agreement, has been completed. d as to form an STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS R. 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