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HomeMy WebLinkAboutCALTRANS - 2008A-2008-202 ~j T.. O ', i pan s ~ g~Y ~f " C'"~ ~ (3~ FRE>JWAY MAINTENANCE AGRF,FMENT T~cw:d 13~orzdo~~llo THIS AGREEMENT, made and entered into in duplicate, effective this 7'w` ,day of Su, 2008, is by and between the State of California, acting by and through the Departure t of Transportation, hereinafter referred to as "STATE," and the City o anta Ana, a charter city and municipal corporation, hereinafter referred to as "CITY". ~ O PY WITNESSETH: A. WHEREAS, on 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 RI2.8) at Cambridge Street within the jurisdictional limits of CITY as a freeway; and B. WHEREAS, said freeway has now beem completed or is nearing completion, and the parties hereto mutually desire to clarify the division of maintenance responsibility as to separation structures, and locsil 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: 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 new dated and revised Exhibits "A" and " B" which will be made a part hereof by an amendment to this Agreement when executed by both pasties, which will thereafter sttpersede the attached original Exhibit "A" and Exhibit "B" (includes Exhibit B1, Exhibit B2 and Exhibit B3) 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 overerossings below the deck surface except as hereinafter provided. CITY will maintain, at CITY expense, the deck and/or surfacing (and 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 ail 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 fieeway 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 (incIrrding 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. CITY will inform STATE District Transportation Permit Engineer and obtain the necessary Eneroaclrment Permit for any proposed change in minimum vertical clearances between the traveled way portion of the under-roadway surface and the Stnrchn'e 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 famished 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. 5. BRIDGE PILASTERS WITH ATTACHED CONCRETE-CAST LOGO Maintenance responsibilities for bridge pilasters with attached colored-cast concrete 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 CITX 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 Iying 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 elechically 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 conh•act or affect the legal liability ofeither-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 filly defend, indemnify and save harmless the CITY and all of its officers and employees from all claims, shits 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. 1t is understood and agreed That CITY shall frilly 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 tinder, 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. 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 teiZns of a Freeway Agreement, has been completed. 3 The PARTIES are empowered by Street and Highways Code section 114 & 130 to enter into this Agreement aad has delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies artd covenants to have followed afl the necessary fegal reyuirencer:ts to vafidly execute ibis Agreement. IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. CITY OF SANTA ANA, a charter City and Municipal Corporation COPY **Approved as to form and procedure: Attorney Department of Transportation f David N. Rea City Manager ~~ ~t ` Patricia E. Healy Clerk of the Council STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION W ILL KEMPTON Director of Transportation By James Pinheiro Deputy District Director Operations & Maintenance APPROVED AS TO FORM: Joseph W. Fletcher City Attorney (~ COPY By ~ ~ ~. ~ Lisa E.Storck Assistant City Attorney **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 fCo.-Rte.-PM) Structure Name ORA-22-R10.021 Bristol St UC ORA-22-R10.866 Bedford Rd OC ORA-22-R10.992 Main St OC ORA-22-RI2.357 Cambridge St OC I. Santa Ana on both sides (all four comets} Freeway Maintenance Agreement with City of Santa Ana Logo Pilaster See I Structure Number 55-343 55-357 55-363 55-383 Date . ~.o - P 3 ~a { ~ [ ~ I ' t : fi [ , ~ ~ 4 4 a ~ i w L uis I ~ . i ' 1; \ • • • ' 0 1 g ~1 ~ •i ~ _ ~ D [ 91 x ~ p . ` 1. 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'" z < :::i FREEWAY 1 -------- ------- CITY OF SANTA ANA 11111111~~~1111111 11111111111111111111111 ------------------ ------.-------- BEDFORD aT OC Br. 55-317 IIAIN aT OC Br. 55-313 NOTE: BEDFORD ST OC IS TYPICAL FOR CAMBRIDGE ST OC (Br. 55-383) ~ AREA MAINTAIN BY CTIY EXHIBIT B FREEW A Y MAINTENANCE AGREEMENT 12-0RA-22-R9.85/R12.8 CITY OF SANTA ANA POgetllft Bedford-Main OCs.dgn 03/11/200801:15:09 PM ~~U 9 CITY OF ORANGE CITY OF SANTA ANA LA VETA AVE 0 0 0 0 FREEWAY BEDFOPD 8T OC B~. 66-967 MAIN 8T NOTE: BEDFORD S7 OC IS TYPICAL FOR CAMBRIDGE ST OC (Br. 55-363) ® AREA MAINTAfN BY CTIY F- z a s Nrz., e rJ NOT 70 SCALE 3edford-Main OCs.dpn 03!1112008 01:15:09 PM