HomeMy WebLinkAbout10/29/1991, C-3 - AMENDMENT TO AGREEMENT REGARDING MAINTENANCE OF STATE HIGHWAYS WITHIN THE CITY OF SAN LUIS OBISPO 111 �l� Iu�V� MEEnNG DATE:
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II�U CO NCIL AGENDA REPORT
FROM:
David F. Romero, Public Works Director
SUBJECT:
Amendment to Agreement Regarding Maintenance of State Highways
within the City of San Luis Obispo
CAO RECOMMENDATION:
By motion, approve amendment to agreement
DISCUSSION:
For many years, the City and State have had a highway maintenance
agreement designating each agency's share of cost for maintaining
facilities of the other within the city of San Luis Obispo. This
primarily relates to electrical charges for street lights and traffic
signals, but covers other items such as street sweeping and repair.
The current maintenance agreement was adopted May 1, 1984 and was
recently modified to incorporate newly added traffic signals at Los
Osos Valley Road and U.S. 101, an additional traffic signal leg
installed at Broad and Orcutt, and to reflect current numbers of light
fixtures on the various city streets/highways.
The amended agreement prepared by the State omitted a previous section
which outlines obligation to maintain three streets (Olive, Walnut, and
Osos) near the junction of Highway 1 (Santa Rosa Street) and 101. To
correct this oversight, the State has requested that the City approve
an additional amendment as outlined by their letter of October 7, 1991.
The amendment also includes wording to clarify hold harmless provisions
between the City and the State.
FISCAL IMPACT:
If the City approves the amendment, there is no fiscal impact from
previous long time practice. If the City fails to approve the
amendment, the implication is that the city will accept the maintenance
costs for these streets which could amount to several thousands of
dollars per year.
Attachments: Transmittal letter and amendment
mainVc1tri33
October 7 ,1991
05-SLO-1 01-SLO
Mr. Dave Romero
Public Works Director
25 Prado Road
San Luis Obispo. CA 93401
Dear Sir:
Attached for execution by the City of San Luis Obispo are the original and four copies of an Amendment
to the Freeway Maintenance Agreement(5-5-66) between the State and City covering portions of City
Streets to be State-maintained. The original Agreement did not address the maintenance of these
connector streets as they pertain to the operation of the interchange of two State Highways 0s- SLO-
101 and 05-SLO-01.
Please note SECTION 3, this is a new Hold Harmless clause to protect the City and State.
After executing by the authorized City officials,please return the original and three copies, attaching
to each a copy of the authorizing resolution,for execution by the State.
A fully executed copy will be returned for your files and reference.
S�r — y� .
H W. Filipponi
District Maintenance Engineer
Attachments
AMENDMENT TO AGREEMENT
05-SLO-101-SLO
The City of San Luis Obispo, a body politic and municipal corporation of the State of
California, hereinafter referred to as °CITY°, and the State of California, acting by and
through the Department of Transportation, hereinafter referred to as °STATE°, do enter into the
following amendment to agreement.
NOW,THEREFORE, IT IS AGREED AS FOLLOWS:
Due to the original Agreement (5-5-66) not addressing the maintenance of connector
streets as they pertain to the operation of the interchange of two State Highways, 05-SLO-101
& 05-SLO-01. For and in consideration of the covenants and conditions to be kept and
performed by City as set forth in this amendment to agreement, State agrees:
SECTION 1
(a) To add the following streets to the portion to be State-maintained:
1. Olive Street from Osos Street to Santa Rosa Street.
2. Walnut Street from Osos Street to Santa Rosa Street.
3. Osos Street from Olive Street to Route 101, and from Route 101
to Walnut Street.
SECTION 2
It MUTUALLY UNDERSTOOD that this amendment to the aforesaid original agreement shall
supersede the original agreement only insofar as defined in this amendment to agreement and all
other covenants and conditions are to be kept and performed as set forth therein.
SECTION 3
Nothing in the provisions of this agreement is intended to create duties or obligations to or
rights in third parties to this contract or affect the legal liability of either party to the contract
by imposing any standard of care different from the standard of care imposed by law.
�-3-3
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 of California, 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 the agreement. It is understood and agreed that pursuant to Government Code
Section 895.4 STATE shall defend, indemnity 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.
IN WITNESS WHEREOF,the parties hereto have caused this amendment to agreement to be
executed by their respective officers, duly authorized, by City this day of
199 and by State, this day of ,199
CITY OF SAN LUIS OBISPO
Approved as to form and procedure: e•' Ow6w r. ewe--4L
City Clerk
City At'q� e
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By
District Director