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HomeMy WebLinkAbout2015 CON Department of Transportation - State Highway 54 Maintenance Agreement11-SD-054 PM-0.4-3.0 FMA 11-8171 FREEWAY MAINTENANCE AGREEMENT WITH CITY OF NATIONAL CITY THIS AGREEMENT is made and entered into in duplicate, effective this 3`d day of March, 2015 , by and between the State of California, acting by and through its Department of Transportation, hereinafter referred to as "STATE," and the City of National City, hereinafter referred to as "CITY," collectively referred to as "PARTIES." WITNESSETH: A. WHEREAS, on August 9, 1963, August 16, 1966, and June 2, 1967, Freeway Agreements were executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of State Highway Route 54 (SR-54) within the jurisdictional limits of the CITY as a freeway; and B. WHEREAS, the PARTIES hereto mutually desire to clarify and revise the division of maintenance, as defined in Section 27 of the California Streets and Highways Code, and their respective responsibilities as to separation structures and local CITY streets and roads, or portions thereof, and landscaped areas lying within or outside those modified freeway limits; and C. WHEREAS, pursuant to Sections 1, 3, and 4 of the above -referenced Freeway Agreement(s), CITY has resumed or will resume control and maintenance over each of the affected relocated or reconstructed CITY streets, except for those portions adopted as a part of the freeway proper. NOW THEREFORE, IT IS AGREED: 1. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that plan map attached hereto, marked Exhibit "A," and made a part hereof by this reference. 2. STATE agrees to continue control and maintenance of those portions adopted as a part of SR-54 proper as shown in Exhibit "A." 3. 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 will affect the PARTIES' division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit "A," 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 become part of this Agreement. 4. CITY and STATE agree to accept their respective operational and maintenance responsibilities and related associated costs thereof in the event jurisdictional boundaries of the PARTIES should change and Exhibit "A" is amended to reflect those changes. 5. CITY must obtain the necessary Encroachment Permits from STATE's District 11 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY. 6. VEHICULAR AND PEDESTRIAN OVERCROSSINGS: a) STATE will maintain, at STATE expense, the entire structure of any STATE - constructed overcrossings of SR-54 below the deck surface except as hereinafter provided. b) CITY will maintain, at CITY expense, the deck and/or surfacing and structural drainage system (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 all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. c) At such locations as shall be determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed as directed by Section 92.6 of the Streets and Highways Code. All screens installed under this program will be maintained by STATE, at STATE expense. 7. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS: a) STATE will maintain the structure proper of all STATE -constructed 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. b) CITY will request STATE's District Transportation Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between the traveled way portion of the underroadway surface and the Structure that results from modifications to the underroadway (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 STATE's District Transportation Permit Engineer prior to starting work. Upon completion of that work, a clearance diagram will be furnished to STATE's 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. 2 8. WALLS AND COLUMNS: Responsibility for debris removal, cleaning, and painting to keep CITY's side of any wall structure, paved slope, or column free of debris, dirt, and graffiti shall not lie with STATE. 9. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES: Responsibility for the maintenance of any plantings or other types of roadside development lying outside of the fenced right of way area reserved for exclusive freeway use shall lie with CITY and not with STATE. 10. INTERCHANGE OPERATON: It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads. 11. LEGAL RELATIONS AND RESPONSIBILITIES: a) Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. b) Neither CITY nor any officer, employee, agent, contractor, or subcontractor thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by, under, or in connection with any work, authority, or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify, and save harmless CITY and all of their officers, employees, agents, contractors, and subcontractors 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, 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. 3 d) Labor Code Compliance / Prevailing Wages: If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815 and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. e) Prevailing Wage Requirements in Subcontracts: CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY' s contracts. f) Insurance: CITY agrees to deliver evidence of self -insured coverage in a form satisfactory to STATE, along with a signed copy of the Agreement. If the work performed under this Agreement is done by CITY contractor(s), CITY shall require its contractor(s) to 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, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate; and coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE and shall be delivered to the STATE with a signed copy of this Agreement. 12. 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. 4 The PARTIES are empowered by Street and Highways Code Section 114 & 130 to enter into this Agreement and have 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, the parties hereto have set their hands and seals the day and year first above written. CITY OF NATIONAL CITY STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION MALCOLM DOUGHERTY Director of Transportation ATTEST: BY u CIT Clerk ist ' : ! ivision Chief Maintenance APPROVED AS TO FORM: BY BY N/A Legal Attorney ** Department of Transportation ** Approval by STATE'SAttorney is not required unless changes are made to this form, in which case, the draft will be submitted to Headquarters for review, approval by STATE's Attorney as to form and procedures. 5 National City NATIONAL CITY BLVD OC BR NO 57-764 LOC 1 SHEET 2 Chula Vista HIGHLAND AVE OC BR NO 57-765 LOC 2 SHEET 3 DIST. CO. RTEE_ POST MILE 11 SD 54 0.39 to 2.968 FMA 11-8171 7/31/14 SECOND AVE (EDGEMERE AVE) BR NO 57-C235 LOC 3 SHEET 4 SWEETWATER RID OC BR NO 37-748 LOC 4 SHEET 5 PLAZA BONITA CENTER WAY OC BR NO 57-1001 (REO DRIVE) LOC 5 SHEET 6 FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 1 OF 6 SHEETS City of Chula Vista NATIONAL CITY BLVD OC BR NO 57-764 LOC 1 SHEET 2 11111 AREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: NATIONAL CITY DIST. CO. RTE. POST MILE 11 SD 54 0.39 FMA 11-8171 7/31/14 City of National City FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 2 OF 6 SHEETS CRY w+R`,S 1s1.4TH...,.. AVEE, City of Chula Vista HIGHLAND AVE OC BR NO 57-765 LOC 2 SHEET 3 rAAREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: NATIONAL CITY 8 DIST. CO. RTE. POST MILE 11 SD 54 . 0.89 FMA 11-8171 7/31/14 City of National City ofr 114711**11/111411714 CITY LWITS --4411GEILAND AVE. FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 3 OF 6 SHEETS City of National City City of Chula Vista SECOND AVE (EDGEMERE DR) BR NO 57-C235 LOC 3 SHEET 4 AREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: NATIONAL CITY DIST. .CO. Rib. POST MILE 11 SD 54 0.89 FMA 11-8171 7/31/14 FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 4 OF 6 SHEETS SWEETWATER RD OC BR NO 57-748 ------------- LOC 4 SHEET 5 AREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: NATIONAL CITY DIST. CO. RTE. POST MILE 11 SD 54 2.27 FMA 11-8171 7/31/14 STATE R/W FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 5 OF 6 SHEETS PLAZA BONITA CENTER WAY OC BR NO 57-1001 LOC 5 SHEET 6 AREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: NATIONAL CITY POST MILE FMA 11-8171 7/31/14 FREEWAY MAINTENANCE AGREEMENT EXHIBIT „A" SKEET 6 OF 6 SHEETS RESOLUTION NO. 2015 — 22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE FREEWAY MAINTENANCE AGREEMENT 11-8171 BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION IN THE DEVELOPMENT OF STATE HIGHWAY 54 FOR THE MAINTENANCE OF PORTIONS OF NATIONAL CITY BOULEVARD, HIGHLAND AVENUE, EDGEMERE DRIVE, SWEETWATER ROAD, AND PLAZA BONITA CENTER WAY ALONG AREAS SHOWN ON THE PLAN MAP ATTACHED HERETO AS EXHIBIT "A," WITHIN THE CITY OF NATIONAL CITY WHEREAS, on August 9, 1963, August 16, 1966, and June 2, 1967, the City of National City and the State of California entered into a Freeway Agreement for the development and maintenance of the local street and road system required in the development of that portion of State Highway Route 54 (SR-54) within jurisdictional limits of the City of National City; and WHEREAS, the Freeway Agreement requires that as portions of the separation structures, and local National City streets and roads are completed by the State of California in the development of SR-54, the maintenance and improvements become the responsibility of the Agency on whose jurisdiction it lies; and WHEREAS, the portions of streets and roads covered by the Agreement are National City Boulevard, Highland Avenue, Edgemere Drive, Sweetwater Road, and Plaza Bonita Center Way along areas shown on the plan map attached hereto, marked Exhibit "A," within the jurisdictional limits of the City National City; and WHEREAS, pursuant to the Agreement, which has no end date and can be terminated at any time upon mutual consent of the parties or until terminated by State, the City of National City agrees to continue the control and maintenance of each of the affected streets and roads as shown on that plan map attached hereto, marked Exhibit "A", and made a part hereof by this reference. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes authorizing the Mayor to execute Freeway Maintenance Agreement 11-8171 between the City of National City and the State of California by and through its Department of Transportation in the development of State Highway 54 for the maintenance of portions of National City Boulevard, Highland Avenue, Edgemere Drive, Sweetwater Road, and Plaza Bonita Center Way along areas shown on the plan map attached hereto as Exhibit "a," within the City of National City. PASSED and ADOPTED this 3rd day of March, 20 on Morrison, Mayor ATTEST: u��r. ►u/` 4a 1, Michael R. Dalla, CitClerk Passed and adopted by the Council of the City of National City, California, on March 3, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California r� t:claj City C erk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-22 of the City of National City, California, passed and adopted by the Council of said City on March 3, 2015. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 3, 2015 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign Freeway Maintenance Agreement 11-8171 between the City of National City and the State of California by and through its Department of Transportation in the development of State Highway Route 54 for the maintenance of portions of National City Boulevard, Highland Avenue, Edgemere Drive, Sweetwater Road, and Plaza Bonita Center Way along areas shown on the plan map attached hereto, marked Exhibit "A," within the City of National City. PREPARED BY: Kuna Muthusamy DEPARTMENT: neering�& Public Works PHONE: 336-4383 APPROVED BY: EXPLANATION: On August 9, 1963, August 16, 1966, and June 2, 1967, the City of National City and the State of California entered a Freeway Agreement for the development and maintenance of the local street and road system required in the development of that portion of State Highway Route 54 (SR-54) within jurisdictional limits of the City of National City. The Freeway Agreement, requires that as portions of the separation structures, and local National City streets and roads are completed by the State of California in the development of SR-54, the maintenance and improvements become the responsibility of the Agency on whose jurisdiction it lies. The portions of streets and roads covered by the proposed agreement are National City Boulevard, Highland Avenue, Edgemere Drive, Sweetwater Road, and Plaza Bonita Center Way along areas shown on the 'an map attached hereto, marked Exhibit "A," within the jurisdictional limits of the City National City. This jreement has no end date and can be terminated at any time upon mutual consent of the parties or until terminated by State. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Freeway Maintenance Agreement 11-8171 2. Exhibit "A" - Locator Map 3. Resolution 11-SD-054 PM - 0.4 - 3.0 FMA 11-8171 FREEWAY MAINTENANCE AGREEMENT WITH CITY OF NATIONAL CITY THIS AGREEMENT is made and entered into in duplicate, effective this 3rd day of March, 2015 , by and between the State of California, acting by and through its Department of Transportation, hereinafter referred to as "STATE," and the City of National City, hereinafter referred to as "CITY," collectively referred to as "PARTIES." WITNESSETH: A. WHEREAS, on August 9, 1963, August 16, 1966, and June 2, 1967, Freeway Agreements were executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of State Highway Route 54 (SR-54) within the jurisdictional limits of the CITY as a freeway; and B. WHEREAS, the PARTIES hereto mutually desire to clarify and revise the division of maintenance, as defined in Section 27 of the California Streets and Highways Code, and their respective responsibilities as to separation structures and local CITY streets and roads, or portions thereof, and landscaped areas lying within or outside those modified freeway limits; and C. WHEREAS, pursuant to Sections 1, 3, and 4 of the above -referenced Freeway Agreement(s), CITY has resumed or will resume control and maintenance over each of the affected relocated or reconstructed CITY streets, except for those portions adopted as a part of the freeway proper. NOW THEREFORE, IT IS AGREED: 1. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that plan map attached hereto, marked Exhibit "A," and made a part hereof by this reference. 2. STATE agrees to continue control and maintenance of those portions adopted as a part of SR-54 proper as shown in Exhibit "A." 3. 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 will affect the PARTIES' division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit "A," 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 become part of this Agreement. -1- 4. CITY and STATE agree to accept their respective operational and maintenance responsibilities and related associated costs thereof in the event jurisdictional boundaries of the PARTIES should change and Exhibit "A" is amended to reflect those changes. 5. CITY must obtain the necessary Encroachment Permits from STATE's District 11 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY. 6. VEHICULAR AND PEDESTRIAN OVERCROSSINGS: a) STATE will maintain, at STATE expense, the entire structure of any STATE - constructed overcrossings of SR-54 below the deck surface except as hereinafter provided. b) CITY will maintain, at CITY expense, the deck and/or surfacing and structural drainage system (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 all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. c) At such locations as shall be determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed as directed by Section 92.6 of the Streets and Highways Code. All screens installed under this program will be maintained by STATE, at STATE expense. 7. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS: a) STATE will maintain the structure proper of all STATE -constructed 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. b) CITY will request STATE's District Transportation Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between the traveled way portion of the underroadway surface and the Structure that results from modifications to the underroadway (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 STATE's District Transportation Permit Engineer prior to starting work. Upon completion of that work, a clearance diagram will be furnished to STATE's 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. 2 -2- 8. WALLS AND COLUMNS: Responsibility for debris removal, cleaning, and painting to keep CITY's side of any wall structure, paved slope, or column free of debris, dirt, and graffiti shall not lie with STATE. 9. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES: Responsibility for the maintenance of any plantings or other types of roadside development lying outside of the fenced right of way area reserved for exclusive freeway use shall lie with CITY and not with STATE. 10. INTERCHANGE OPERATON: It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads. 11. LEGAL RELATIONS AND RESPONSIBILITIES: a) Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. b) Neither CITY nor any officer, employee, agent, contractor, or subcontractor thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by, under, or in connection with any work, authority, or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify, and save harmless CITY and all of their officers, employees, agents, contractors, and subcontractors 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, 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. 3 -3- d) Labor Code Compliance / Prevailing Wages: If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815 and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. e) Prevailing Wage Requirements in Subcontracts: CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. f) Insurance: CITY agrees to deliver evidence of self -insured coverage in a form satisfactory to STATE, along with a signed copy of the Agreement. If the work performed under this Agreement is done by CITY contractor(s), CITY shall require its contractor(s) to 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, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate; and coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE and shall be delivered to the STATE with a signed copy of this Agreement. 12. 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. 4 -4- The PARTIES are empowered by Street and Highways Code Section 114 & 130 to enter into this Agreement and have 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, the parties hereto have set their hands and seals the day and year first above written. CITY OF NATIONAL CITY STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BY MALCOLM DOUGHERTY CITY Mayor Director of Transportation ATTEST: BY BY CITY Clerk District Division Chief APPROVED AS TO FORM: BY BY Maintenance CITY Attorney Legal Attorney ** Department of Transportation ** Approval by STATE'S Attorney is not required unless changes are made to this form, in which case, the draft will be submitted to Headquarters for review, approval by STATES Attorney as to form and procedures. 5 -5- National City NATIONAL CITY BLVD OC BR NO 57-764 LOC 1 SHEET 2 Chula Vista HIGHLAND AVE OC BR NO 57-765 LOC 2 SHEET 3 DIST_ CO. RTE. POST MILE 11 SD 54 0.39 to 2.968 FMA 11-8171 7/31/14 SECOND AVE (EDGEMER.E AVE) BR NO 57-C235 LOC 3 SHEET 4 SWEETWATER RD OC BR NO 57-748 LOC 4 SHEET 5 PLAZA BONITA CENTER WAY OC BR NO 57-1001 (REO DRIVE) LOC 5 SHEET 6 FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 1 OF 6 SHEETS City of Chula Vista NATIONAL CITY BLVD OC BR NO 57-764 LOC 1 SHEET 2 laAREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: NATIONAL CITY DIST. CO. RTE. POST MILE 11 SD 54 0.39 FMA 11-8171 7/31/14 City of National City FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A'; SHEET 2 OF 6 SHEETS 1 DIST. CO. RTE. POST MILE 11 SD 54 • 0.89 FMA 11-8171 7/31/14 City of National City ‘,.., <, N, N.Crt.y Au"mV"rrP-s-- 11., i,iflfti..tI 1if "Sir0 itiIT On1' L/MITS 4 1' ti0k 4... , I ai/4 City ofChula Vista 1 ..,1. 4 , 44, , . I P HIGHLAND AVE OC BR NO 57-765 ----- --- LOC 2 SHEET 3 77 AREA WITHIN FREEWAY LIMITS TO IIE MAINTAINED BY: NATIONAL CITY FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" .SHEET 3 OF 6 SHEETS ,iuws City of National City 01+es4 raw . — i JJ 'MLR rot 190 IOW CIOIA aisefSL, „ lanI7 'Yisae .1 _ rov City of Chula Vista SECOND AVE (EDGEMERE DR) BR NO 57-C235 LOC 3 SHEET 4 1" AREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: NATIONAL CITY stte- Pt 000 DIST. .CO. RTE. POST MILE 11 SD 54 0.89 FMA 11-8171 7/31/14 LAM FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 4 OF 6 SHEETS SWEETWATER RD OC BR NO 57-.748 LOC 4 SHEET 5 STATE R/W AREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: NATIONAL CITY DIST. CO. RTE. POST MILE 11 SD 54 2.27 FMA 11-8171 7/31/14 STATE R/W FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 5 OF 6 SHEETS PLAZA BONITA CE PLAZA BONITA CENTER WAY OC BR NO 57-1001 LOC 5 SHEET 6 AREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: NATIONAL CITY POST MILE FMA 11-8171 7/31/14 FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 6 OF 6 SHEETS RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE FREEWAY MAINTENANCE AGREEMENT 11-8171 BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION IN THE DEVELOPMENT OF STATE HIGHWAY 54 FOR THE MAINTENANCE OF PORTIONS OF NATIONAL CITY BOULEVARD, HIGHLAND AVENUE, EDGEMERE DRIVE, SWEETWATER ROAD, AND PLAZA BONITA CENTER WAY ALONG AREAS SHOWN ON THE PLAN MAP ATTACHED HERETO AS EXHIBIT "A," WITHIN THE CITY OF NATIONAL CITY WHEREAS, on August 9, 1963, August 16, 1966, and June 2, 1967, the City of National City and the State of California entered into a Freeway Agreement for the development and maintenance of the local street and road system required in the development of that portion of State Highway Route 54 (SR-54) within jurisdictional limits of the City of National City; and WHEREAS, the Freeway Agreement requires that as portions of the separation structures, and local National City streets and roads are completed by the State of California in the development of SR-54, the maintenance and improvements become the responsibility of the Agency on whose jurisdiction it lies; and WHEREAS, the portions of streets and roads covered by the Agreement are National City Boulevard, Highland Avenue, Edgemere Drive, Sweetwater Road, and Plaza Bonita Center Way along areas shown on the plan map attached hereto, marked Exhibit "A," within the jurisdictional limits of the City National City; and WHEREAS, pursuant to the Agreement, which has no end date and can be terminated at any time upon mutual consent of the parties or until terminated by State, the City of National City agrees to continue the control and maintenance of each of the affected streets and roads as shown on that plan map attached hereto, marked Exhibit "A", and made a part hereof by this reference. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes authorizing the Mayor to execute Freeway Maintenance Agreement 11-8171 between the City of National City and the State of California by and through its Department of Transportation in the development of State Highway 54 for the maintenance of portions of National City Boulevard, Highland Avenue, Edgemere Drive, Sweetwater Road, and Plaza Bonita Center Way along areas shown on the plan map attached hereto as Exhibit "a," within the City of National City. PASSED and ADOPTED this 3rd day of March, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN JR.. Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11 4050 TAYLOR STREET SAN DIEGO, CA 92110 PHONE (619) 688-3305 FAX (619) 688-3314 TTY 711 11-SD-054 PM 0.4-3.0 FMA 11-8171 March 12, 2015 Stephen Manganiello, City Engineer Development Services Department City of National City 1243 National City Boulevard National City, CA 91950 RE: new FMA 11-8171 for SR-54 A r-rl ter,747 z C) m n 0- rr, Enclosed is an original copy of the fully executed new Freeway Maintenance Agreemeii7(FMA) between Caltrans and the City of National City for the under- and over -crossings of State Route Dear Mr. Manganiello: 54 (SR-54) in the City of National City. The FMA covers maintenance of the roadway sections, i sidewalks, lighting, etc. within State Right of Way (see Exhibit `A'). As detail€ in the Agreement, the City will perform maintenance for these areas. Please distribute the Agreement to the appropriate personnel within your Agency. Thank you for your assistance in getting this Agreement completed. Should you have any questions, please contact District 11 Maintenance Agreement Coordinator Brent McDonald at (619) 688-6141, or brent.mcdonald@dot.ca.gov Sincerely, A-- I- �� EVERETT TOWNSEND District Division Chief, Maintenance enclosures "Caltrans improves mobility across California"