HomeMy WebLinkAbout25Y - FREEWAY MAINTENANCEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 7, 2008
TITLE
FREEWAY MAINTENANCE AGREEMENT
FOR SR-22 WITHIN THE CITY OF
SANTA ANA
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2"° Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the attached
maintenance agreement with Caltrans, subject to non-substantive changes
approved by the City Manager and City Attorney to provide general
maintenance within or outside the freeway limits along SR-22 within the
City of Santa Ana.
DISCUSSION
As part of the SR-22 Widening Project, the City and Caltrans had agreed to
certain adjustments of the local street and road system required for the
widening of the freeway. Now that the work has been completed a separate
maintenance agreement needs to be executed. This agreement will clarify
the roles and responsibilities of both parties regarding the maintenance of
structures, local streets and roads, and landscaped areas lying within or
outside the freeway limits. This agreement is similar to other freeway
maintenance agreements that we have with Caltrans.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISGAL IMPACT
This work is estimated to cost $7,000 per year and will be paid from an
existing maintenance contract. Funds are available in the Roadway
Maintenance Fund (account no. 11-631-6291).
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i
ames G. Ross
Executive Director
Public Works Agency
CLERK OF COUNCIL USE ONLY:
APPROVED
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
25)~tive Director
ffa ce & Mgmt. Service Agency
FREEWAY MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into in duplicate, effective this
day of 2008, 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 Santa Ana, a charter city and municipal corporation, hereinafter referred to as "CITY"
WITNESSETH:
A. WHEREAS, on , 20 a Freeway Agreement was
executed between CITY and STATE wherein CITY agreed and consented to
certain adjustments of the local street and road system required for the
development of that portion of State Highway Route 22 from 0.06 mile west City
limit (PM R9.85) at Bristol Street to 0.25 east City limit (PM R12.8) at Cambridge
Street within the jurisdictional limits of CITY as a freeway; and
B. 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, and local CITY streets and roads, or
portions thereof, and landscaped areas lying within or outside the freeway limits;
and
C. WHEREAS, under Section of the above Freeway
Agreement, 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.
NOW THEREFORE, IT IS AGREED:
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" and " B" 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
and Exhibit B (B 1 and B2) which will then become part of this Agreement.
2. VEHICULAR AND PEDESTRIAN OVERCROSSINGS
STATE will maintain, at STATE expense, the entire structure of any vehicular
and pedestrian overcrossings below the deck surface except as hereinafter
provided. CITY will maintain, at CITY expense, the deck and/or surfacing (and
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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 without limitation, 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 traffic using that overcrossing. Screening
shall be placed at such locations (as shall be determined by STATE), on STATE
freeway overpasses on which pedestrians are allowed (as directed by Sect. 92.6
of the Streets and Highways Code). All screens installed under this program will
be maintained by STATE (at STATE expense).
3. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
STATE will maintain the structure proper of all vehicular and pedestrian
undercrossings of STATE freeways while the roadway sections, including the
traveled way, shoulders, curbs sidewalks, wall surfaces (including eliminating
graffiti), drainage installations, lighting installations and traffic service facilities
that may be required for the benefit or control of traffic using that undercrossing
will be maintained by CITY. This is still confusing to me and unclear as to what
the City will be maintaining. Needs clarification
CITY will inform STATE District Transportation Permit Engineer and obtain the
necessary Encroachment Permit for any proposed change in minimum vertical
clearances between the traveled way portion of the under-roadway surface and the
Structure that results from modifications to the under-roadway (except when said
modifications are made by STATE). If the planned modifications will result in a
reduction in the minimum clearance within the traveled way, an estimate of the
clearance reduction must be provided to (the State) District Transportation Permit
Engineer prior to starting work. Upon completion of that work, a clearance
diagram will be furnished to (the State) District Transportation Permit Engineer
that shows revised minimum clearances for all affected movements of traffic,
both at the edges of the traveled way and at points of minimum clearance within
the traveled way.
4. SOUNDWALLS
Responsibility for debris removal, cleaning and painting to keep CITY's side of
any sound wall structure free of debris, dirt and graffiti shall lie with CITY and
not with STATE. QUESTION: are the soundwalls clearly differentiated from the
"wall surfaces" mentioned above in Section 3 that are the responsibility of the
State to remove graffiti?
5. BRIDGE PILASTERS WITH ATTACHED CONCRETE-CAST LOGO
Maintenance responsibilities for bridge pilasters with attached colored-cast
concrete
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logos for City identity will be divided as follows.
a. STATE will maintain, at STATE's expense, the structural integrity of the
pilaster and will eliminate graffiti per standard Department practices. If CITY
desires the facility to be restored to original condition, then CITY may do so at
CITY expense. An encroachment permit for that work will be provided at no
expense to CITY.
b. CITY will maintain, at CITY's expense, the cast concrete logo attached to the
pilaster. Work will include but is not limited to: removal of debris and cleaning
and/or painting for removal of dirt or graffiti.
6. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES
Responsibility for the maintenance of any plantings or other types of roadside
development lying outside of the area reserved for exclusive freeway use shall lie
with CITY and not with STATE.
7. INTERCHANGE OPERATON
It is STATE's responsibility 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 placed at ramp connections to CITY
streets and roads shall be shared between STATE and CITY. Timing of traffic
signals shall be the sole responsibility of STATE.
8. BICYCLE PATHS
CITY will not have any responsibilities toward the maintenance of the bike path.
Currently, this bike path is being maintained by County of Orange and this will be
documented under a separate maintenance agreement with County of Orange.
9. LEGAL RELATIONS AND RESPONSIBILITIES:
A. 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.
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 STATE, under or in connection with any work, authority or
jurisdiction conferred upon STATE and arising under this Agreement. It is
understood and agreed that STATE shall fully defend, indemnify and save
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harmless the CITY 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
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.
D. INSURANCE
CITY and their contractors shall maintain in force, during the term of this
agreement, a policy of general liability insurance, including coverage of
bodily injury liability and property damage liability, naming the State of
California, its officers, agents and employees as the additional insured in
an amount of $1 million per person and $2 million in aggregate. Coverage
shall be evidenced by a certificate of Insurance in a form satisfactory to
Department that shall be delivered to Department with a signed copy of
this Agreement. Isn't general commercial liability coverage sufficient?
10. EFFECTIVE DATE
This Agreement shall be effective upon the date appearing on its face and shall
remain in full force and effect until amended or terminated at any time upon
mutual consent of the parties or until terminated by STATE for cause. 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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The PARTIES are empowered by Street and Highways Code section 114 & 130 to enter
into this Agreement and has delegated to the undersigned the authority to execute this
Agreement on behalf of the respective agencies and covenants to have followed all the
necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and
year first above written.
ATTEST:
CITY OF SANTA ANA, a charter
City and Municipal Corporation
David N. Ream
City Manager
ATTEST:
Patricia E. Healy
Clerk of the Council
**Approved as to form and STATE OF CALIFORNIA
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procedure:
Attorney
Department of Transportation
APPROVED AS TO FORM:
Joseph W. Fletcher
By
Lisa E.Storck
Assistant City Attorney
DEPARTMENT OF TRANSPORTATION
WILL KEMPTON
Director of Transportation
By
James Pinheiro
Deputy District Director
Operations & Maintenance
**Approval by STATE'S Attorney is not required unless changes are made to this form,
in which case the draft will be submitted for Headquarters' review and approval by
STATE'S Attorney as to form and procedures.
EXHIBIT A
City of Santa Ana
Location (Co.-Rte.-PMT
Nnmhar
ORA-22-R 10.021
ORA-22-R10.866
ORA-22-R 10.992
ORA-22-R12.357
Structure Name
Bristol St UC
Bedford Rd OC
Main St OC
Cambridge St OC
Logo Pilaster Structure
See I
55-343
55-357
55-363
55-383
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I. Santa Ana on both sides (all four corners)
Freeway Maintenance Agreement with City of Santa Ana
Date
25Y-8