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Home My WebLink About1992-10-06; City Council; 11915; MAINTENANCE AGREEMENT LA COSTA AVENUE AND POINSETTIA LANE OVERCROSSING TO INTERSTATE 5fa rU > E am % 4 2 0 F 0 a 6 2 3 0 0 C@Y OF CARLSBAD - AGEWA BILL ? "i. AB # /(9/5 TITLE: MAINTENANCE AGREEMENT LA COSTA DEPT. CITY A DEPT. ENG CITY M AVENUE AND POINSETHA LANE OVERCROSSING TO INTERSTATE 5 MTG, lD --b -42 RECOMMENDED ACTION: Council adopt Resolution No. approving Freeway Maintena Agreement FMA No. 1 1-81 63 assuming maintenance responsibility for overcrossing La Costa Avenue and Poinsettia Lane with the Interstate 5 freeway. (2 2- 3 0 5 ITEM EXPLANATION: As a normal course of business local agencies contract with Caltrans for the mainten: of local highway facilities where they cross state freeway rights of way. This allows City to maintain the roadway facilities consistent to continuous road segm approaching the freeway. These freeway agreements are normally entered into immediately following construc of the freeway facilities. The City has similar agreements for all other overcrossing Palomar Airport Road north to Las Flores Avenue. At the time of completion 01 Interstate 5 freeway La Costa Avenue and Poinsettia Lane were within the Co jurisdiction and agreements were executed with the County. New agreements were not prepared at the time of annexation of these areas to the Caltrans recently discovered this oversight and has transmitted the attached agreern for execution. Staff has reviewed the agreements and recommends approval. FISCAL IMPACT: The City currently maintains these roadway areas and no additional costs will be incu EXHIBITS: 1. Resolution No. 4 a- 30 5 . 2- AJrecnzefit FMA */i-8/@3 , 3 J 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 0 0 RESOLUTION NO. 92-305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION LA COSTA AVENUE AND POINSETIAIANE OVERCROSSINGTO INTERSTATE 5 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. APPROVING FREEWAY AGREEMENT FMA NO. 11 -81 63 DEALING WITH THE WHEREAS, the City Council of the City of Carlsbad has determined it nece desirable, and in the public interest to maintain local roadways within ita jurisdiction: a WHEREAS, in order to do so within State Highway rights-of-way requires the c( and agreement of the California Department of Transportation; WHEREAS, no such agreement exists for La Costa Avenue and Poinsettie overcrossing of Interstate 5. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cai California, as follows: 1. That the above recitations are true and correct. 2, That it is in the best interest of the City to enter into Freeway Maintt Agreement FMA No. 1 1-81 63 with the California Department of Transportation. Ill Ill Ill Ill . Ill* - Ill 9 '. 1 111 *. Ill Ill 1. 1 2 3 4 5 6 7 8 9 10 I’ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 3. That the City Council hereby authorizes the Mayor of the City of Carlsb execute said agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City CI held on the 6th day of OCTOBER , 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nyg NOES: None ABSENT: None ‘i ATEST: &l /Q-& ZETHA L. RAUTENKRANZ, City Clerk (SEAL) * F. * 1 - 0 0 MEMORANDUM September 22, 1992 TO: CITY CLERK FROM: City Engineer FREEWAY MAINTENANCE AGREEMENT FOR POINSETTIA LANE/I-5 OVERCROSSING TO INTERSTATE 5 Per the request of Caltrans, please return the original and 2 copies along with agreement last. 3 certified copies of your Council resolution. Caltrans will be signing the LBH:brg Attachments JU-J WM: R44.071-R45.571 FMA NO. 11-8163 !. FREEWAY MAINTENANCE AGKEXMENT THIS AGREEMENT, made and entered into, in duplicate this , day of f 19-, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as 'Ithe STATE" and the CITY of Carlsbad, hereinafter referred to as "the CITYIf witnesseth: WHEREAS, on October 16, 1964, a freeway agreement was executed between the CITY and the STATE wherein the CITY agreed required for the development of that portion of State highway route 5, within the limits of the CITY of Carlsbad as a freeway, and and consented to certain adjustments of the CITY street system 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 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: WHEREAS, the CITY has resumed or will resume control and Maintenance is defined in Section 27 of the Streets and Highways Code as follows: Sec. 27. !!(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. 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." It (b) 11 (c) 0 eye UL UL u* NOW THEREFORE, IT IS AGREED: 1. When a planned future improvement has been constructed I 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 IrAtl, which is made a part hereof by this reference, which will supersede the original exhibit and which will become park 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 I It is the responsibility of the STATE to provide efficient operation of freeway interchanges including ramp connections to local streets. 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 The maintenance and 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 ray= UJ VI wr * 0 maintenance of State highways different from the standard of cage 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 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 persor or damage to property resulting from anything done or omitted to be done by STATE under or in connection wit1 any work, authority or jurisdiction delegated to the State under this agreement. CITY nor any officer or employee thereof is 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 Maintenancr Agreement shall not affect any pre-existing obligation: of the CITY to maintain designated areas pursuant to the terms of the Freeway Agreement, has been completed. 2 0 0- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, LzlQztL /(,?$( ;;&A&?.?. City Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES W. van LOBEN SELS Attorney Director of Transportation BY Deputy District Director La.L City Attorney /o, 7, 9 a. BY I I-! fi In .dm ffi I 4 P 0 Pfv v v d a - 4 ~mm E z w U w E. Er P; u fa W U k F zm wm P EcL x* C 9 g 2; a s(wE.1 ‘3; ww Frtptlu &[4H P;cz&i v E P t E 4 I 8