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HomeMy WebLinkAboutReso - CC - 043-2007RESOLUTION NO. 43-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING MAINTENANCE AGREEMENT FOR SPECIFIED CITY MAINTENANCE OF SPECIFIED AREAS IN CONNECTION WITH THE AUXILIARY LANE IMPROVEMENT PROJECT TO U.S. 101(BAYSHORE FREEWAY) RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the California Department of Transportation (Caltrans) does not have the funding or personnel to perform the level of maintenance and upkeep on its highway system that citizens expect and that the City wishes; and WHEREAS, Caltrans with funds from the County's taxpayers is constructing an auxiliary lane project on U.S. 101 in the City; and WHEREAS, the City is willing to assume maintenance responsibility for the City side of the soundwall along Rollins Road, south of Broadway; and WHEREAS, the City is willing to maintain the surface and drainage system above the deck of the new Broadway pedestrian overcrossing; and WHEREAS, the City is willing to maintain the landscaping at the Rollins Road interchange as specified in the proposed agreement and to share energy costs for the ramp intersections as specified in the proposed agreement, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to execute the Agreement for Maintenance between the City and the State contained in Attachment A hereto. 2. The Clerk is directed to attest to the signature of the Manager. ��� k )"L YOR I, DORIS MORTENSEN, City Clerk ofthe City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 21stday of Nay 2007, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, WMAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CLERK 4/12/07 04 -SM -101 PM 15.1/7.8 FREEWAY MAINTENANCE AGREEMENT CITY OF BURLINGAME THIS AGREEMENT is made and entered into effective this day of ,200 —, 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 Burlingame, hereinafter referred to as the "CITY," WITNESSETH: A. WHEREAS, on May 3, 2006, STATE Cooperative Agreement No. 4-1971-C was executed between STATE and San Mateo County Transportation Authority, not a party to this Freeway Maintenance Agreement, referred to herein as "AUTHORITY', wherein STATE and AUTHORITY agreed to construct State Highway improvements including addition of auxiliary lanes, reconstruction of Peninsula Avenue Overcrossing and Monte Diablo Pedestrian/Bicycle Overcrossing, construction of a new Broadway Pedestrian/Bicycle Overcrossing, installation of ramp metering equipment, construction of sound walls, drainage improvements and landscaping; and B. WHEREAS, the parties hereto mutually desire to clarify the division of maintenance responsibility of improvements under said Cooperative Agreement upon completion of construction as well as the prior existing highway facilities within CITY limits, as to separation structures, CITY streets, or portions thereof, soundwalls and landscaped areas within and outside the freeway limits. MAINTENANCE DEFINED: Maintenance is defined, in part, in Section 27 of the Streets and Highways Code. NOW THEREFORE, IT IS AGREED: Exhibit "A" consists of plan drawings that delineate the areas within the STATE right of way, which are the responsibility of the CITY to maintain in accordance with this Agreement. CITY will accept control and maintain, at CITY expense, improvements lying outside the STATE right of way. 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, STATE will provide a newly dated and revised Exhibit "A", which, when executed by both parties, shall be made a part hereof by this reference to supersede the original exhibit as part of this agreement 1/4 4112107 04 -SM -101 PM 15.1/7.8 BROADWAY PEDESTRIAN OVERCROSSING A. STATE will maintain, at STATE expense, the entire structure of the pedestrian overcrossing of SR 101 below the deck surface except as hereinafter provided. B. CITY will maintain, at CITY expense, the deck surface and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but not limited to, lighting installations, as well as all traffic service facilities (signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. C. At such locations as shall be determined by 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 STATE, at STATE expense. 3. SOUND WALLS STATE will maintain the structure proper. CITY, at CITY's expense, will provide for cleaning and painting to keep the CITY's side of the structure free of debris and graffiti. 4. LANDSCAPED AREAS Any plantings or other types of roadside development lying outside of the area reserved for freeway use shall be maintained by CITY, at CITY expense. 5. INTERCHANGE OPERATION It is the responsibility of the STATE to provide efficient operation of freeway interchanges including ramp connections to local streets and roads. 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. The cost of maintaining traffic signals, safety lighting, or other electrically operated traffic control devices shall be shared between the STATE and 2/4 4/12/07 04 -SM -101 PM 15.1/7.8 the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs. 6. LEGAL RELATIONS AND RESPONSIBILITIES: A. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. B. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. C. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 7. EFFECTIVE DATE This Agreement shall be effective upon the date appearing on its face, it being understood and agreed, however, that the execution of this Freeway Maintenance Agreement shall not affect any pre-existing obligations of CITY to maintain other designated areas until a written notice from STATE has been issued that work in such areas, which CITY has agreed to maintain pursuant to the terms of a Freeway Agreement, has been completed. 3/4 4/12/07 04 -SM -101 PM 15.1/7.8 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF BURLINGAME Mayor Attest: City Clerk Approved as to form: City Attorney 4/4 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director of Transportation USENINYANG Deputy District Director Maintenance Approved as to form: Attorney Date sae Xuz d tiQ F w m wQ� O w p Z w cn U ZOO O Q Z-2 < o 0] 1 2 w a w w LL eS m O WQ oa wmLU wzto? 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