HomeMy WebLinkAboutAGMT - California Department of Transportation (Bike Route) 07- ORA -22 0.1/0.6
Bicycle Path
0.1 Mi . to 0.6 !1i . E.
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of San Gabriel River
07210 300311
p
District Agreement
No. 3251
COOPERATIVE AGREEMENT
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THIS AGREEMENT, MADE AND ENTERED INTO OH THIS
1 'I'111 DAY OF Av6vs? , 19 73r,
BY AND BETWEEN
CITY OF SEAL BEACH,
a body politic and a
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municipal corporation of
the State of California,
hereinafter referred to
as "CITY"
AND , NI, fir. ; •
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STATE•OF CALIFORNIA,
acting'Pby and through its
• Business and Transportation
Agency, Department of
Transportation, hereinafter
referred to as "STATE"
1 . WITNESSETH:
WHEREAS, CITY is contemplating construction of
• approximately 2,400 feet of bicycle path along the south side
of Route 22 which will provide'continuity between a planned •
bicycle path to the west and an existing bicycle lane to the
east; and • . • -
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. WHEREAS, there is insufficient space available be-
tween the freeway and the abutting subdivision within the
limits illustrated on "Exhibit A ", dated September 30, 1974,
attached, and by this reference made a part of this Agreement,
to accommodate the full width of the contemplated bicycle path;
and
WHEREAS, provision for the bicycle path can be made
by utilizing a portion of STATE'S right of way including an
existing. STATE owned utility strip within the limits illustrated
on Exhibit A, in conjunction with a strip of adjoining right of
way to be furnished by CITY; and
WHEREAS, approval has been obtained by STATE from
the Federal Highway Administration for use of Route 22 right
of way for the aforesaid purpose; and
WHEREAS; permission has been obtained by STATE from
the Pacific Telephone and Telegraph Company, General Telephone
Company and the City of Long Beach Gas Department, existing
users of the STATE owned utility strip, for the joint use of
• the utility strip for the aforesaid purpose; and
WHEREAS, it is in the best public interest to provide
bicycle facilities separate from street traffic where practi-
cable; and
WHEREAS, it is now the desire of CITY and STATE to
agree upon the terms and conditions under which the bicycle
path will be designed, financed, constructed and maintained.
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NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION I
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STATE AGREES: •
1. To issue an Encroachment Permit upon proper
application by CITY, for construction of a
bicycle path along the Route 22 Freeway as
illustrated in red on Exhibit A, which wi11
encroach 12 feet into the right of way for
550 feet and be within a fenced utility
easement for an additional 1,200 feet. The
issuance of said Encroachment Permit, however,
shall follow and be subject to approval of
CITY'S plans and specifications by STATE.
SECTION II
CITY AGREES:
1. To prepare plans and specifications i n accord
with CITY'S current standards for said bicycle
'path, and to submit them to STATE for review
and approval prior to commencement of construc-
tion.
2. To bear the entire cost of preliminary engineer -
ing in the design of said bicycle path.
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3. To bear the entire cost of construction engineer-
ing and construction of said bicycle path.
• 4. To notify STATE in writing, at least 5 days
in advance of the planned date for start of
construction. Said notice shall be addressed
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to:
< /' Mr. W. F. Pond
AetinDistrict- Director
Department of Transportation •
State of California
P. 0. Box 2304
Los Angeles, CA 90051
• 5. To have,a contract awarded-by the CITY or
Los Angeles County to construct the section
of the San Gabriel River bike path to connect
the aforesaid project to College Park Drive
as shown in green on Exhibit A prior to or
concurrently with any work within the Route
22 right of way.
6. To construct said bicycle path by CITY'S
forces or by means of a construction contractor
authorized by CITY and licensed by the State
of California.
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7. That representatives of STATE may, at no cost
to CITY, inspect construction of said bicycle
path as it progresses. CITY wi11 invite STATE
representatives to a final inspection of said
bicycle path, and wi11 make every reasonable
effort to correct any deficiencies which may
be identified by said STATE representatives.
8. To remove the existing right of way fence as
required to accommodate the bicycle path and
construct a 6 -foot high chain link fence to
STATE specifications to form a physical barrier
between the bi cycle path and the Route 22
Freeway. At no time shall the Route 22 Free -
way traveled way be. accessible from the bicycle
path.
9. To restri ct use of the bicycle path to non -
motorized traffic by signs and /or other legal
means available to CITY except as set out in
paragraph 12 of this section.
10. That there will be no access from Route 22
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traveled way for maintenance or operation
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111 III .
of the bicycle path.. Construction access may
be off the eastbound Route 22 roadway through
the Los Angeles Water and Power access gate.
11, To accept full responsibility for control and
maintenance of said bicycle path. If said
• bicycle path is not maintained properly by
CITY and upon written notice from STATE, the
STATE may maintain bicycle path and bill CITY
• for such maintenance. Cost for said maintenance •
done by STATE shall be paid by CITY within sixty
(60) days of billing date.
12. To allow the following utility easement holders;
the Pacific Telephone and Telegraph Company,
General Telephone Company and the City of Long
,beach Gas Department, the right to enter said
right of way with heavy duty equipment to repair,
reconstruct and maintain their respective under-
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grounA utilities. Said companies shall be
'permitted to block entrances to the bicycle path
• during these times. CITY shall accept full
responsibility for any possible conflict between
• company's personnel and /or equipment and bicycle
riders or others using the path while it is
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occupied by the utility companies. CITY shall
also accept responsibility for replacing and /or
repairing any damage to said bicycle path,
caused by above utility companies' in the
performance of their duties, at CITY'S own
expense. -
13. That neither STATE nor any officer or employee
thereof shall-be responsible for any 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 ,j uris-
diction'delegated to CITY under this Agreement.
It is also understood and agreed that, pursuant
to Government Code Section 895.4, CITY shall
fully indemnify and hold STATE _harmless from
any liability imposed for injury (as defined
by Government Code Section 810.8) occurring
• by reason of anything done or omitted to be
done by CITY under or in connection with any
' work, authority or jurisdiction delegated to .
CITY under this Agreement.
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' SECTION III
IT I5 MUTUALLY UNDERSTOOD AND AGREED:
That this Agreement can be modified, altered or
revised with the written consent of both parties hereto.
That, should any portion of the project be financed
with Federal Funds or State Gas Tax Funds, all applicable pro -
cedures and policies relating to the use of such funds shall
apply notwithstanding other provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by their respective officers,
duly authorized, the provisions of which Agreement are effective
as of the day, month and year first hereinabove written.
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STATE OF CALIFORNIA CITY OF SEAL BEACH
Department of Transportation c
SIDNEY C. MC CAUSLAND 2
By
Director of 'transportation City '
By / �— J v.. Attest: / / `
("O rict Jirecto ,ity C rk
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