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Home My WebLink AboutReso 240-03 AgmtCaltransLandsca RESOLUTION NO. 240 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FREEWAY MAINTENANCE AGREEMENT WITH CALTRANS FOR MAINTENANCE OF LANDSCAPING LOCATED WITHIN 1 580 RIGHT-OF-WAY WHEREAS, on November 24, 1999, the City of Dublin entered into a Freeway Maintenance Agreement with Caltrans by which the'maintenance of the freeway landscaping adjacent to 1-580 was delegated to the City of Dublin; and WHEREAS, said Agreement also authorized the City to re-delegate the maintenance obligation to other developers installing landscaping on properties fronting 1-580; and WHEREAS, a provision of Caltrans' approval of landscaping to be installed as part of the City's 1-580/Tassajara Road Interchange Improvement project was that the City enter into a Freeway Maintenance Agreement; and WHEREAS, to meet Caltrans' requirement, the City Council approved a Freeway Maintenance Agreement in 2002; and WHEREAS, the City of Dublin subsequently expanded the scope of landscaping installation in the Tassajara Road median located within Caltrans right-of-way; and WHEREAS, Caltrans declined approval of the 2002 Agreement in favor of modifying the Freeway Maintenance Agreement to include this new median landscaping as the City's responsibility for maintenance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dubtin approves the replacement Freeway Maintenance Agreement with Caltrans, hereto attached as Exhibit "A". BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is authorized to execute said Agreement. PASSED, APPROVED AND ADOPTED this 16th day of December, 2003. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None /~~~~.~~~~_ _ S T: ~ Mayor Deputy City Clerk G:\CC-MTOSL2003-qtr4XDee\12-16-03~Reso-Caltrans Maintenance Agmt. doc (Item 8.5) :1w \ \ A1a-580-KP 27.2/29.2 (PM 16.9/18.1) ~ FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into in duplicate, effective this , day of , 20_, is by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE," and the City of Dublin, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, under STATE Cooperative Agreement No. 4-1 820-C between STATE and CITY, CITY will construct improvements to State Highway Route 580, a freeway within the limits of CITY, at the Santa Rita/Tassajara Road Interchange, and WHEREAS, the parties hereto mutually desire to clarify the division of maintenance responsibility; upon completion of improvements and acceptance by STATE, under said Cooperative Agreement, as to separation structures, and local CITY streets and roads, or portions thereof, and landscaped areas lying within or outside the freeway limits. NOW THEREFORE, IT IS AGREED: 1. 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 parties division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit "A" which will be made a part hereof by an amendment to this Agreement when executed by both parties, which will thereafter supersede the attached original Exhibit "A" arid which will then become part of this Agreement. 2. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES Any plantings or other types of roadside development lying outside of the area . reserved for exclusive freeway use shall be maintained by CITY at CITY expense. CITY shan also maintain, at CITY expense, landscaping within the area reserved for freeway use as shown on Exhibit "A". CITY shall not enter said landscaped areas within freeway limits via the freeway side unless an encroachment permit is obtained from STATE. An encroachment permit will be required for third parties when maintenance work is re-delegated. 3. FACILITIES WITHIN THE CORPORATE LIMITS OF PLEASANTON CITY shall procure and maintain in force a separate authorization from PLEASANTON to perform CITY's responsibilities assumed under this Agreement which are located within the corporate limits of PLEAS ~'T ~ . .' ;:' ~{,; '. i';"" ~ ~ :;~LE>' ~~ "I A. Ala-580~KP 27.2/29.2 (pM 16.9/~W\ \ Should CITY fail. to maintain said authorization from PLEASANTON in force, CITY,atCITY exp.ense,shallremove the landscaping within the cOI'potatelifuits of PLEASANTON subject to maintenance under this Agreement to the s'atisfaction'of ST ATE. Thereafter CITY shall no longer perform the work, including traffic signal system and lighting maintenance, if any, within the corporate limitsof PLEASANTONs1.lbject to this Agreement. 4. LEGAL RELATIONS AND RESPONSIBILITIES: A. Nothing ill the provisions oithis 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 with respect to the maintenance of ST ATE highways different from the standard of care imposed by law. B. It is understood and agreed that neither STATE nor any officer or employee thereof is responsible fot any 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 delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4 , CITY shall defend, indemnify and save harmless ST ATE and all of its 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 propeny resulting from anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. C. It is understood and agreed that neither 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 STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CITY and all of its 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 STATE under this Agreement. 5. 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 designated areas pursuant to prior written notice from STATE that work in such areas, which CITY has agreed to maintain pursuant to the terms of the Freeway Agreement, has been completed. 2 , ~ 1\ . A1a-580-KP 27.2/29.2 (PM 16.9118e:g . 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 JEFF MORALES Director of Transportation Attest: By City Clerk BART DESAI Deputy District Director Maintenance Date Approved as to form: City Attorney 3 "all .ON I NDVO c:i co ~ ~ ~ I- Z W :E Wz W_ O:::--I c...::>CO <(:=l ,,0 W UlJ... ZO <t Z>- WI- I- - ZU <:I: ::21- s: >- < s: w w a: lJ... NOAlVrJ ~>J 110 ') N r- w w :I: Vl '011 W W Vl 5 : '011 O)5VA ~ ~ )- " 'l~ 53Ylv J i \ . >- <( '" w :>- .. C 2i := '" .. :r: l^' I > - ..-I 3t101'l1l3^'l Q '" "" .. i! '" .. :r: ....<:;,. ~Q;.C "Yo'" ,-"- ~ .. - ==~ C:'::~ <...Jffi ~~u ~ffi 0:: '0/1 Al!i3HDnoo .... t!> z~ $ % o ~ <: Vl <: LLI ...J Q.. .... > .... .. > .. llP. 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