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Home My WebLink About4.03 Caltrans ROW MaintCITY CLERK #600-50 AGENDA STATEMENT CITY COUNCIL .MEETING DATE: January 18, 2000 SUBJECT: Agreement with Caltrans for Maintenance of Improvements Within State Right of Way At Interchanges Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) Resolution Agreement (including exhibit maps) RECOMMENDATION: ~ FINANCIAL STATEMENT: Adopt resolution approving agreement The City will incur the cost of maintaining pavement and landscaping within the specified areas. DESCRIPTION: In 1989, the City Council approved an agreement with Caltrans related to construction of freeway interchange improvements at Tassajara Road, Hacienda Drive, and Hopyard/Dougherty Road. The agreement provided that upon completion of construction, the City would assume maintenance responsibilities for any non-freeway portions of the roadway improvements. The 1989 agreement was presented in conjunction with the North Pleasanton Improvement District construction which involved all three interchanges. The agreement being presented with this agenda statement is a maintenance agreement which refers back to the 1989 agreement. This new agreement provides for maintenance ~of roadway surface, including pavement, striping, and signing, as welt as roadway lighting and.landscaping. This agreement specifically excludes freeway ramp traffic signals, which will be addressed under a separate agreement. The existing ramp signals are currently maintained by the City of Pleasanton. The cost of maintaining these areas will be paid through the street maintenance and street landscape maintenance operating budgets. At this time, there is no roadway lighting in the area covered by the agreement. Staff recommends that the City Council adopt the resolution approving the agreement. COPIES TO: Stanley Ng, £ g:\agenmisc\freeway maint agreement ',altrans ITEM NO. RESOLUTION NO. - 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR MAINTENANCE OF IMPROVEMENTS WITHIN STATE RIGHT OF WAY WHEREAS, IN 1989 the City of Dublin executed an agreement with Caltrans regarding construction of freeway improvements at the interchanges of 1-580 at Dougherty Road, Hacienda Drive, and Tassajara Road; and WHEREAS, said 1989 agreement provided that upon completion the City of Dublin would maintain all non-freeway portions of the improvements within the Dublin City Limits; and WHEREAS, said improvements have been completed; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the agreement with Caltrans, attached hereto as Exhibit A, for maintenance of non-freeway improvements within the State of California right-of-way. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 18th day of January, 2000. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:\agenmiscXreso freeway maint agrt Ala-580-PM 17.9~20.0 FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered intO effective this , day of , 1 9. , 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 Dublin, hereinafter referred to as the "CITY;" WITNESSETH: WHEREAS, on June 1 2, 1989, 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 580, within the limits of the City of Dublin, 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, CITY streets or portions thereof, and landscaped areas, within the freeway limits, and WHEREAS, Under Section 7 of the above freeway agreement, 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, in part, as follows: Sec. 2 7. (a) The preservation and keeping of rights-of-way, and each type' of roadway, structure, safety convenience or device, planting; iiluminatio'n 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) Operation of special safety conveniences and devices, and illuminating equipment. (c) 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. Ala-580-PM 17.9~20.0 NOW THEREFORE, IT IS AGREED: · When a plann, ed 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 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.' 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 Freeway Maintenance Agreement. 2. VEHICULAR OVERCROSSINGS The STATE will maintain, at STATE expense, the entire structure below the top of the concrete deck surface except as: hereinafter provided. The CITY will maintain, at CITY expense, the top of the concrete deck surface, together .with any surface treatment thereon. The CITY will also maintain all portions of the Structure above the concrete deck surface, 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 Sect. 92.6 of the Streets and Highways Code). Ail screens installed under this program will be maintained by the STATE at STATE expense. 3. LANDSCAPED AREAS All plantings or other types of roadside development lying outside of the area reserved for freeway use shall be maintained by the CITY at CITY expense. , Ala-580-PM 17.9/20.0 INTERCHANGE OPERATION It is the r, esponsibility 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, and will be covered under a separate document. Timing of traffic signals shall be the responsibility of the STATE. -,\ LEGAL RELATIONS AND RESPONSIBLITIES Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agree. ment or affect the legal liability of either party to the Agreement by imposing any standard of care with respect, to the 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.z~, 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. 1 EFFECTIVE DATE Ala-580-PM 17.9/20.0 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 prior written notice from the STATE that work in such areas, which the CITY has agreed to maintain pursuant to the terms of the Freeway Agreement, has been completed. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF DUBLIN STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Mayor Attest: JOSE MEDINA Director of Transportation By. City Clerk GLENN E. BEHM Date District Division Chief Maintenance Approved as to form: City Attorney ~ o bJ~J -? X I- Z iii Z Z 0 I- Z Z !- ,< 0 0 t~ Z ~ 0 <Z 0-- __, 0 0 O< !,.. n~ .EXHIBI'T "A" LINE ROUTE 580 PLEASANTON CITY LIMITS IN CITY LIMI · PLEASANTON CITY'LIMITS ::::::::::::::::::::: maintained by CITY TASSAJARA ROAD OC LOCATION No. I Sheet 2 of 4 FREEWAY MAINTENANCE AGREEMENT with THE CITY of.DUBLIN 04-ALA-580 Post Miles 17.9/20.0 Dote: q/99 /home/t4qchau/Dublin-580/tassajara :Apr. :22, 1:999 08:43:28 EXHI BIT "A '! ROUTE 580- :: P I easanton/Dub I I n C I ty L I m I ts i:,...~,.:.,~ maintained by CITY HACIENDA DRIVE OC LOCATION No. Z Sheet 3 of 4 FREEWAY MAINTENANCE AGREEMENT with THE CITY of 580 Post Mi les !.7.9/20.0 DUBL I N 04-ALA- Date: 4~99 EXHIBIT "A" I [TYPE '"F CONFORM TO AB6 ~.. lO ROUTE 580 F F [::i::i[i[i::'[l molnto)ned by CITY HOPYARD-DOUGHERTY ROAD OC LOCATION No, 3 Sheet 4 OF 4 FREEWAY MAINTENANCE AGREEMENT wfth THE CITY of DUBLIN 04-ALA-580 Post Miles 17.9/20,0 Dote: 4/99