04- Ala 260 PM R0.78/R1.90
1 PROJECT SPECIFIC MAINTENANCE AGREEMENT
WITH CITY OF ALAMEDA
TH
IS AGREEMENT is made effective this ______ day of ____________, 20 25, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Alameda; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.
SEC
TION I
RECITALS
1. Co
operative Agreement Number 04- 2981 was executed between Alameda CTC, not a party to this agreement and STATE on October 13, 2024 to construct pedestrian and bike path on State Route (SR) 260, hereinafter referred to as “PROJECT”, and
2. In ac
cordance with said agreement, it was agreed by STATE and Alameda CTC that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement with land-use jurisdiction, and
3. The PAR
TIES hereto mutually desire to identify the maintenance responsibilities of CITY for the improvements of PROJECT constructed within the STATE right of way under the Cooperative Agreement Number 04-2981, and
4. The d
egree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual, and
5. There is
an existing Landscape Maintenance Agreement, with CITY dated October 11, 2011. This Agreement is not meant to replace or supersede the earlier agreement.
NO
W THEREFORE, IT IS AGREED AS FOLLOWS:
SEC
TION II
AGREEMENT
1. Exhib
it A consists of plan drawings , delineate and describe the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Agreement.
EXHIBIT 1
04-Ala 260 PM R0.78/R1.90
2 2. If there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A, by a mutual written execution of the exhibit.
3. CITY must obtain the annual Encroachment Permits from STATE’s District 4 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.
4. VEHICULAR OVERCROSSINGS
4.1. CITY will maintain, at CITY expense, the deck wearing surface and drainage system and all portions of the structure above the bridge deck, including, but without limitation, sidewalks, bridge rails and screens, lighting installations, signs, pavement markings, that may be required for the benefit or control of pedestrians and traffic traveling over that overcrossing structure.
4.2. As directed by section 92.6 of the Streets and Highways Code, at locations determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed. All screens installed under this program will be maintained by STATE, at STATE expense.
5. CONCRETE BARRIER WALL - CITY is responsible for debris removal, cleaning and painting to keep CITY‘s side of any wall structure or column free of debris, dirt, and graffiti.
6. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside improvements of PROJECT lying outside of the fenced area restricting walk-on access to the freeway.
7. BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted encroachments within STATE’s right of way, CITY is solely responsible for all permitted improvements, including but not limited to the delineation, fencing, guard railing, drainage facilities, slope and structural adequacy. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction an d operation of that non-motorized facility.
8. LEGAL RELATIONS AND RESPONSIBILITIES
8.1. 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. 04-Ala 260 PM R0.78/R1.90
3 8.2. 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, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their 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 STATE under this Agreement.
8.3. 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 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.
9. PREVAILING WAGES:
9.1. Labor Code Compliance - If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" 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 s. Work performed by CITY 'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
9.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" 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.
10. INSURANCE - CITY and its contractors shall 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 $5 million in excess. Coverage shall be evidenced by a 04-Ala 260 PM R0.78/R1.90
4 certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
11. TERMINATION - This Agreement may be terminated by mutual written consent by PARTIES or by STATE for cause., CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.
12. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 11 above.
04-Ala 260 PM R0.78/R1.90
5 PARTIES are empowered by Street s and Highways Code Section 114 and 130 to enter into this Agreement and ha ve 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. first above written.
THE CITY OF ALAMEDA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
JENNIFER OTT
City Manager
ATTEST:
By: ___________________________
City Clerk
By: ___________________________
LEAH BUDU Date
Deputy District Director
Maintenance District 4