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.
'
a 5 ]-1 ° [ ~ ~
~ •
1 ~ ' 1
~ ! 9 I i 1_.J
e I S ~ ~
~ } ;i
~
c
i [ ~ ~
~
~ o
~
1 1
![ 7
I 1
~•~ 1
I ;
Q f 1
Q ` 1
Z
p
`
~.
• yy
it
~ ~ < , ::
3
6 ~ V 6'n ~ .... ... i ... 4
~ ~ IIJ '~ W
?. ~ ~ ~ u. ~
o C a O
=o w
-'
o ~
r ..
.
:s
~¢
oCi
>
W~ ; ..
,
LL O = = F; ....w,
~ Q
IL
Z ~ Ix
el ~
i,
k:
F aF ~
H ~ v ~ ' i
. . ~.»
W 0 f, ~
Z .~
° t 7/"
6 ~ ~ : ' i
W
0 o r ~ y e
e i
°
d o ~
2 ,
+~
. o..
,
..
~,
.
.
. '
i
~ .
.
°
' i
~
~
i {
±
.o..,
i
i
.,
° •°
1
~A~ ~ ,.°.° i
f
\'~
i °ti ~
<
r
~
~
~ ,
`°1
~~
ti ~ ,
m'
~ ;e
x= ~ a;
W ~°, 3~
it
r
i
i
Q
0
0
N
c
d
N
CITY STREET
.'TOL IT OG
.... .....
III
:JJ
NOr ro SCALE
1II111I11111111111111111111
IIOU'I II
------------------
----------------------------------.
.IIIIWAY
EXHIBIT B
FREEWAY MAINTENANCE
AGREEMENT
12-0RA-22-R9.85/R12.8
CITY OF SANTA ANA
RA~Pc:;e.
~ AREA ~AINTAIN
~ BY CTtY
"- ''''
Bristol St.dgn 03/11/200801:17:16 PM
!ill
~
:{}j
NOT TO SCALE
LA VETA AVE
CITY OF ORANGE
'"
C<:
'"
C<:
o
u.
'"
w
CD
....
'"
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