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Home My WebLink AboutMINUTES - 12021997 - C2 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: December 2, 1997 SUBJECT: APPROVE the Supplemental Freeway Maintenance Agreement between Contra Costa County and the State Department of Transportation for Work on the State's Right-of-Way Included in the San Ramon Creek Improvement Project, Chaney Road to Livorna Road Project No.: 7520-668562 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Supplemental Freeway Maintenance Agreement between Contra Costa County and the State Department of Transportation for work on the state's right-of-way included in the San Ramon Creek Improvement Project, Chaney Road to Livorna Road in the Alamo area. AUTHORIZE the chairperson to execute the agreement. II. Financiallmpact: No financial impact. Continued on Attachment: X SIGNATURE: a//A �, _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON / -,2 -/9"97 APPROVED AS RECOMMENDED_OTHER VE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: , g:\design\bo\bosrc2.wpd t Mropy COW 90 ffib Is a true and conedo Orig. Div: Public Works(Design Division) on action taken and entered on the minutedC0py 000f Board of Supervisors on the date shown. Contact: Joe Olsen (313-2284) ATTESTED. A, '77 'f 77 cc: County Administrator PWILAAMAEICR.Clerk of the bo' / Attn: E. Kuevor of Supervisors and County Administrator Auditor-Controller PW Accounting �' Deputy Construction Community Development APPROVE the Supplemental Freeway Maintenance Agreement between Contra Costa,County and the State Department of Transportation for Work on the State's Right-of-Way Included in the San Ramon Creek Improvement Project, Chaney Road to Livorna Road Page 2 December 2, 1997 III. Rea ons for Recommendations and Background: The County's Livorna Road Bridge over San Ramon Creek is adjacent to Highway 680 and is built partially on the state's right-of-way. In order to construct creek improvements under and around the County's Livorna Road Bridge, some of the facilities will be on the state's right-of-way. This agreement defines maintenance responsibility for facilities built on the state's right-of-way as part of this project. Execution of the agreement is a condition of the encroachment permit from the State Department of Transportation required to construct the project. IV. Consequences of Negative Action: A negative action would cause the state to deny an encroachment permit for the work resulting in the project not being constructed. `2-a - 97 CC-680-11.3 SUPPLEMENTAL FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into effective this �,2 day of , 19_3 7_, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as the "STATE," and the t County of Contra Costa, hereinafter referred to as the "COUNTY," WITNESSETH: WHEREAS, a Freeway Maintenance Agreement was executed by COUNTY on December 22, 1964, and by STATE on January 26, 1965, to clarify the division of maintenance responsibility as to separation structures, county roads or portions thereof, and landscaped areas within the freeway limits of State Highway Route 680 within COUNTY, and WHEREAS, COUNTY is proposing work within STATE right of way on State Highway Route 680 as part of its San Ramon Creek, Chaney to Livorna Roads, Improvement Project, hereinafter referred to as "PROJECT," and WHEREAS, the parties hereto mutually desire to clarify the division of maintenance responsibility as to landscaped areas, drainage facilities, creek banks, channel walls, slope protection, retaining walls, and other structures placed as the part of PROJECT located within STATE's right of way, and WHEREAS, this Supplemental Freeway Maintenance Agreement shall supplement the Freeway Maintenance Agreement mentioned hereinabove, and in all other respects said Freeway Maintenance Agreement shall remain in full force and effect, and WHEREAS, maintenance is defined"in Section 27 of the Streets and Highways Code in part as follows: (a) The preservation and keeping of rights-of-way, and 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. (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. NOW, THEREFORE, IT IS AGREED: 1 . The COUNTY shall maintain, at COUNTY expense, the facilities constructed on STATE's right of way as part of PROJECT, as shown on Exhibit "A," which is. made a part hereof by this reference. Exhibit "A" consists of plan drawings that delineate the areas within STATE right of way which are the responsibility of COUNTY to maintain in accordance with this Supplemental Freeway Maintenance Agreement. 1 CC-680-11.3 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. 2. 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 with respect to the maintenance of STATE highways different from the standard of care imposed by law. It is understood and agreed that neither 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 COUNTY under or in connection with any work, authority, or jurisdiction delegated to COUNTY under this agreement. It is understood and agreed that pursuant to Government Code section 895.4 COUNTY shall defend, indemnify, and save harmless STATE and all officers and employees thereof 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 COUNTY under or in connection with any work, authority, or jurisdiction delegated to COUNTY under this agreement. It is understood and agreed that neither COUNTY 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 COUNTY and all officers and employees thereof 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. 3. EFFECTIVE DATE This agreement shall be effective upon the date of its execution by STATE, it being understood and agreed, however, that the execution of this Supplemental Freeway Maintenance Agreement shall not affect any pre-existing obligations of. COUNTY to maintain designated areas pursuant to prior written notice from STATE that work in such areas, which COUNTY has agreed to maintain pursuant to the terms of the Freeway Maintenance Agreement, has been completed. 2 CC-680-11.3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. COUNTY OF CONTRA COSTA STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION _ JAMES W. VAN LOBEN SELS Chairperson, Board of Supervisors Director of Transportation Attest: /2 -A — By Clerk oft Board GLENN E. BEHM Date District Division Chief Maintenance Approved as to form: IJ County C nsel 3 N •R1 Q � n 7J xi V v1-2 _. cg F Z r o J Cn R 7� o¢� f , 13 V �-y I�I V �Y = o G " CA N b n- 1 � x A� 4� Y� h F �i ro z (Jl J J 1! --4 CO co co co 1 t 61 Co O N .L. 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