PROJECT SPECIFIC MAINTENANCE AGREEMENT
WITH CITY OF EAST PALO ALTO
THIS AGREEMENT is made effective this day of , 20 , by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of East Palo Alto; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES.”
SECTION I
RECITALS
1. Cooperative Agreement Number 04-2544 was executed between CITY and STATE on 8-18-‘2015 to construct a Class 1 Bike Pedestrian Facility on the North Side of Highway 101 near University Avenue - hereinafter referred to as “PROJECT”;
2. In accordance with said agreement, it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement;
3. The PARTIES 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 04-2544, and NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1. Exhibit A consists of Location and PROJECT plans describing and delineating the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Agreement. Exhibit B is the Insurance Certificate that City has provided for PROJECT. Exhibit C delineates the Electrical items in PROJECT (signals and safety lighting. Exhibit D delineates the Electrical Items (Rectangular Rapid Flashing Beacons) in the Project within the STATE right-of-way that are owned and maintained by the City.
2. If there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A and/or C, by a mutual written execution of the exhibit.
3. CITY must obtain the necessary Encroachment Permits from STATE’s District 04 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. PEDESTRIAN/BICYCLE OVERCROSSINGS (non-vehicular) constructed as a permitted encroachment within STATE’s right of way. CITY is solely responsible for, but not limited to, the structural adequacy, lighting, fencing, guard railing, drainage facilities, graffiti removal, sweeping and debris removal, signing, and striping, slope paving and delineation. CITY will maintain, at CITY expense, a safe facility for pedestrian and bicycle use along the entire length of the structure and the public use of the STATE highway beneath, by providing structure inspection, and structure maintenance.
5. WALLS, SOUNDWALLS, AND COLUMNS - 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. UNIVERSITY AVENUE IMPROVEMENTS -
8. 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 and operation of that non-motorized facility.
9. LEGAL RELATIONS AND RESPONSIBILITIES
9.1.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.
9.2.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.
9.3.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 section 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.PREVAILING WAGES:
10.1. 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 works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
10.2. 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.
11.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 certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
12. 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.
13. 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 13 above.
PARTIES are empowered by Streets and Highways Code Section 114 and 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 executed this Agreement on the day and year first above written.
THE CITY OF EAST PALO ALTO STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: By:
Mayor Lisa Gauthier Anthony Tavares
Director of Transportation
Initiated and Approved
By:
CITY Manager By:
Leah Budu – Deputy Director
Maintenance District 04
ATTEST:
By:
CITY Clerk
1 By:
CITY Attorney
EXHIBIT A
LOCATION MAP
FREEWAY MAINTENANCE AGREEMENT
WITH THE CITY OF EAST PALO ALTO
04-SM-101-PM 0.8/1.1
CERTIFICATE OF COVERAGE DATE (MM/DD/YYYY)
6/30/2022
PRODUCER
San Francisco-Alliant Insurance Services, Inc.
560 Mission Street, 6th Floor
San Francisco CA 94105
THIS CERTIFICATE IS ISSUED AS A MATTER OF EVIDENCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR
NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM(S) OF COVERAGE BELOW.
THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING COVERAGE PROVIDER, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE MEMORANDUM OF COVERAGE MUST BE ENDORSED. A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S).
IMPORTANT: IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE MEMORANDUM(S) OF COVERAGE AN ENDORSEMENT MAY BE REQUIRED. A STATEMENT ON
THE CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S).
NAMED COVERED PARTY
City of East Palo Alto
c/o Pooled Liability Assurance Network JPA
1750 Creekside Oaks Drive, Suite 200
Sacramento CA 95833 PROGRAM AFFORDING COVERAGE
A: ABAG Plan Corporation
B:
C:
COVERAGES
THIS IS TO CERTIFY THAT THE COVERAGE IS AFFORDED TO THE ABOV E NAMED MEMBER, AS PROVIDED BY THE MEMOR ANDUM(S) OF COVERAGE, FOR THE PERIOD SHO WN BELOW, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE CO VERAGE AFFORDED BY THE PROGRAM DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUM(S) OF COVERAGE. THE FOLLOWING COVERAGE IS IN EFFECT.
JPA
LTR TYPE OF COVERAGE MEMORANDUM NUMBER COVERAGE EFFECTIVEDATE (MM/DD/YY)
COVERAGE EXPIRATION
DATE (MM/DD/YY) LIMITS
A GENERAL LIABILITY GAL 2022-23 7/1/2022 7/1/2023 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE X OCCUR MED EXPENSE (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $
MEMOR- ANDUM PROJECT LOC
A AUTOMOBILE LIABILITY GAL 2022-23 7/1/2022 7/1/2023 COMBINED SINGLE LIMIT (Ea accident)
$ 1,000,000
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
$
WORKERS’ COMPENSATION AND
EMPLOYERS LIABILITY
ANY PROPRIETOR/PARTNER/
EXECUTIVE/OFFICER/MEMBER
EXCLUDED?
IF YES, DESCRIBED UNDER SPECIAL
PROVISION BELOW
WC
STATUTORY OTHER
LIMITS
E.L. EACH ACCIDENT $
E.L. DISEASE – EA EMPLOYEE $
E.L. DISEASE – POLICY LIMIT $
OTHER
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL/PROVISIONS Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder is an additional covered party for covered claims arising out of the covered activity stated below and is subject to the limits stated above.
Regarding the Maintenance Agreement for Pedestrian Overcrossing (04-SM-101 PM 0.8/1.1), California Department of Transportation, its officers, agents and employees are named as additional covered parties with respect to any negligent acts or omissions of the City of East Palo Alto, its officers, employees and volunteers.
CERTIFICATE HOLDER CANCELLATION
California Department of Transportation
District 4, Division of Maintenance
111 Grand Avenue
Oakland CA 94612
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUM(S) OF COVERAGE BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE MEMORANDUM(S) OF COVERAGE PROVISIONS.
AUTHORIZED REPRESENTATIVE
1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 (800) 541-4591 Fax (916) 244-1199
https://www.planjpa.org/
PLAN JPA
Memorandum of Coverage
MOC #: GAL 2022-23
MOC Issued Date: 07/01/2022
Who is a Covered Party
3. Any person or organization to whom or to which the Entity is obligated by virtue of a written contract to provide coverage such as is afforded by this Memorandum, but only with respect to:
a. Operations performed by the Entity, or
b. Operations performed by such person or organization on behalf of the Entity, or c. Property (including vehicles and facilities) owned by the Entity and used by such person or organization, or
d. Property (including vehicles and facilities) owned by such person or organization and used by the Entity.
California Affiliated Risk Management Authorities
1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100
Certificate Holder: State of California
Liability Certificate of Coverage
Additional Covered Party
Certificate Number: 68943551
Department of Transportation
1120 N Street
Sacramento, CA 95814
Covered Party: PLAN - City of East Palo Alto
Description of
Covered Activity:
Memorandum of
As respects Agreement 04-SM-101 PM 0.8/1.1 between the City of East Palo Alto and the State of California, Department of Transportation; the State of California, Department of Transportation, its officers, agents, and employees are additional covered parties with regard to any negligent acts or omissions of the City of East Palo Alto, its officers, agents, and employees, as pertains to activities outlined in Agreement 04-SM-101 PM 0.8/1.1.
Coverage Number: CARMA 2022-GL Effective Date: 7/1/2022 Expiration Date: 7/1/2023 Limits: $5,000,000 (per occurrence)
Excess of: $1,000,000
The Following
Coverage is in
effect:
General and automobile liability as defined in the Memorandum of Coverage on file with the covered party named above.
Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the limits stated above.
This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the Covered Party named above as well as to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the California Affiliated Risk Management Authorities, which are available for your review upon request.
Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate holder.
Date Issued: 6/28/2022
Renewal: Yes Underlying Certificate Issued: Yes
Authorized Representative Signature:
68943551 | CARMA | 22/23 GL $5MM LIMITS | Paul Cross | 6/28/2022 7:09:20 AM (PDT) | Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates.
EXHIBIT C
EXHIBIT C
EXHIBIT D