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
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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
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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
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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.
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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
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STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
WILL KEMPTON
Director of Transportation
USENINYANG
Deputy District Director
Maintenance
Approved as to form:
Attorney
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