The URL can be used to link to this page

Home My WebLink About92-89 - Approving Freeway Maintenance Agreement with CALTRANSRESOLUTION NO. 92-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE FREEWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS). THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Department of Transportation and the City of Costa Mesa have completed studies in Orange County for improvements to the I-405 Freeway in Costa Mesa; and WHEREAS, the Department of Transportation has completed a Negative Declaration in compliance with the California Environmental Quality Act, the State CEQA Guidelines, and the Department of California Transportation Commission Regulations; and WHEREAS, the City of Costa Mesa and the California Department of Transportation entered into a Freeway Agreement on June 4, 1979; and WHEREAS, this Agreement needs to be modified from time to time; and WHEREAS, the Freeway Maintenance Agreement will delineate areas of responsibility between the City of Costa Mesa and CALTRANS along the I-405 Freeway; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa concurs with the agreement, which is attached. A Freeway Maintenance Agreement between the City of Costa Mesa and CALTRANS will be executed for the I-405 Freeway from Harbor Boulevard to Bristol Street. PASSED AND ADOPTED this 2nd day of November, 1992. -171"jr the City of Costa Mesa rvW99-kW F,i,j Cry (i2,.. City Clerk of the City of Costa Me STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 92-89 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 2nd day of November, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 3rd day of November, 1992. /My Clerk and ex -officio Clerk o he City Council of the City of Costa esa FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into, in duplicate this , day of ,1992 ,by and between the State of California acting by and through the Department of Transportation, hereinafter referred to as "the State," and the (CITY) of Costa Mesa hereinafter referred to as "the CITY" the witnesseth: WHEREAS, on June 4 1979, (a) freeway agreement was executed between the CITY and the State wherein the(CITY) agreed and consented to certain adjustments of the (CITY street) system required for the development of that portion of State highway route 40„5 , within the limits of the (CITY of Costa Mesa ,) as a freeway, and 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 (CITY street)or portions thereof and landscaped areas, within the freeway limits, and WHEREAS, Under Section . 8 of the above freeway agreement, the CITY has resumed or will resume control and maintenance over each of the relocated or reconstructed (CITY street) except on those portions thereof adopted as a part of the freeway proper. MAINTENANCE DEFINED: Maintenance is defined in Section 27 of the Streets and Highways Code as follows: Sec. 27. "(a) The preservation and keeping of right of way, 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." Exhibit for Resolution No. 92-89 Page 1 of 9 page 2 of 6 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 division of maintenance, the Department will provide a new dated and revised Exhibit "A","B1" and "B2" which is made a part hereof by this reference, which will supersede the original exhibit and which will become part of this agreement. 2. VEHICULAR OVERCROSSINGS The state will maintain, at State expense, the entire structure below the deck surface except as hereinafter provided. The (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. The (CITY) will also maintain all portions of the structure above the bridge deck, as above specified, including 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 (CITY street) traffic. At such locations, as shall be determined by the State, screening shall be placed 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 the State (at State expense). 3. VEHICULAR UNDERCROSSING The State will maintain the structure proper. The roadway section, 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 (CITY street)traffic will be maintained by the (CITY). Exhibit for Resolution No. 92-89 Page 2 of 9 Page 3 of 6 The(CITY)will inform the 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 the State. If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction will be provided to the State District Transportation Permit Engineer prior to starting work. Upon completion of the 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. SOUND WALLS If there be any responsibility for cleaning and painting to keep the CITY'S side of the structure free of debris and graffiti, it shall lie with the CITY and not with the STATE. 5. LANDSCAPE AREAS ADJACENT TO CROSSING STRUCTURES I If there is any responsibility for maintenance of any plantings or other types of roadside development lying outside of the area reserved for freeway use, it shall lie with the CITY and not with STATE. 6. INTERCHANGE OPERATION It is the responsibility of the State 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 at ramp connections to (CITY streets) shall be shared, between the State and the (CITY). Timing of traffic signals shall be the responsibility of the STATE. Exhibit for Resolution No. 92-89 Page 3 of 9 page 4 of 6 7. BICYCLE PATHS The State will maintain, at STATE expense, all fences, quardrailing, drainage facilities, slope and structural adequacy of the path located and constructed within the STATE -'s right of way. The CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path by providing sweeping and debris removal when necessary; and all signing and striping and pavement markings required for the direction and operation of the non -motorized facility; S. LEGAL RELATIONS AND RESPONSIBLITIES: 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 standard of care imposed by law. 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.t It is understood•and-agreed that pursuant to Government Code section 895.4 (CITY) shall defend, indemnity 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. Exhibit for Resolution No. 92-89 Page 4 of 9 a,2 3 Page 5 of 6 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 this agreement. It is understood and agreed that pursuant to Government Code section 895.4 STATE shall defend, indemnify 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. 9. EFFECTIVE DATE This Agreement shall be effective upon the date of its execution by the State, it being understood and agreed, however, that the execution of this Freeway Maintenance Agreement shall not affect any pre-existing obligations of the (CITY) to maintain designated areas pursuant to prior written notice from the State that work in such areas, which the (CITY) has agreed to maintain pursuant to the terms of the Freeway Agreement, has been completed. Exhibit for Resolution No. 92-89 Page 5 of 9 1 Page 6 of 6 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF COSTA MESA APPROVED AS TO FORM CITY ATTORNEY'S OFFICE CITY. OF. COSTA MESA By Mayor City Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES W. VAN LOBEN SELS Director of Transportation By JOSEPH HECKER Deputy District Director District 12 Exhibit for Resolution No. 92-89 Page 6 of 9 2) EXHIBIT "A" CITY OF COSTA MESA 6 v " 1Z; 4m mm ORA. -405 - 9.51 ORA. -405 - 9.89 ORA. -405 - 10.79 ORA. -405 - 11.45 Bristol St. O.C. Bear St. O.C. Fairview Blvd. O.C. Harbor Blvd. U.C. 6y 111: + LOA 55-0431 55-0433 55-0432 55-6257L & 55-0257R FREEWAY MAINTENANCE AGREEMENT WITH CITY OF COSTA MESA DATE Exhibit for Resolution No. 92-89 Page 7of9 1 r I NOT TO SCALE FREEWAY MAINTENANCE I AGREEMENT AREA MAINTAINED ••' BY CITY TYPICAL SECTION OVERCROSSING STRUCTURE Exhibit for Resolution No. 92-89 Page 8 of 9 I O I I v V V/1LG AGREEMENT AREA MAINTAINED TYPICAL SECTION BY CITY UNDERCROSSING STRUCTURE Exhibit for Resolution No. 92-89 Page 9 of 9 ![ l