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1 PROJECT SPECIFIC MAINTENANCE AGREEMENT
WITH CITY OF FONTANA
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 FONTANA; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.
SECTION I
RECITALS
1. Encroachment Agreement Number __________ was execut ed between CITY and STATE on ____________________to construct a operate and maintain the San Sevaine Trail along Interstate 15 (I-15), consisting of a 1 3-foot wide asphalt concrete multi- use path, pavement markings, signage, trail lightin g, cable railing, and chain link fence on State Route (SR) 15, hereinafter referred to as “PROJECT”, PROJECT has the following elements:
1.1. Bridge on East Etiwanda Creek BR 54-0964R (BRIDGE)
1.2. BICYCLE PATHWAY
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. There is an existing Freeway Maintenance Agreement, with CITY dated November 7, 2016. This Agreement is not meant to replace or su persede any earlier agreements including the said Freeway Maintenance Agreement.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1. Exhibit A consists of plan drawings that delineate and describe the areas within STATE right of way which are the responsibilities of the CITY to maintain in accordance with this Agreement.
2. If there is mutual agreement on a change in the mai ntenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A by a mutual written execution of the exhibit.
3. CITY must obtain the necessary Annual Encroachment Permit for maintenance work from STATE’s District 08 Encroachment Permit Office prior to entering STATE right of
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2 way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.
4. BRIDGE - East Etiwanda Creek BR 54-0964R
4.1. CITY, at CITY’s expense, will maintain the trailway sections, including asphalt concrete pavement, shoulder, curbs, concrete header , wall surfaces (including eliminating graffiti), drainage installations, pave ment markings, signage, trail lighting, cable railing, and chain link fence.
4.2. PIERS AND ABUTMENTS, AND SLOPE PAVING – CITY is res ponsible for cleaning to keep any pier structure on BRIDGE, abutment, or slope pavement free of graffiti.
5. ELECTRICALLY OPERATED DEVICES – The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lig hting devices and any other electrically operated devices placed at BRIDGE and CITY facilities shall be paid by CITY as shown in Exhibit C which by this reference is made a part of this Agreement.
6. CITY is solely responsible for BICYCLE PATHWAY, inc luding but not limited to the delineation, fencing, guard railing, drainage facil ities, slope and structural adequacy. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the BICYCLE PATHWAY by providi ng sweeping and debris removal when necessary; and all signing and stripin g, and pavement markings required for the direction and operation of that non-motorized facility.
7. LEGAL RELATIONS AND RESPONSIBILITIES
7.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parti es 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 ST ATE highways and local facilities different from the standard of care imposed by law.
7.2. 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 ag reed 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, con tractual, 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.
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3 7.3. Neither STATE nor any officer or employee thereof i s 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, autho rity 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, cont ractual, 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.
8. PREVAILING WAGES
8.1. 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 b y CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
8.2. Requirements in Subcontracts - CITY shall require i ts 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.
9. INSURANCE
9.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, cov erage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $5 million in aggregate and $5 million in excess. Coverage sh all be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requ irements of this section. This Letter of Self-Insurance shall also identify the Pr oject location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.
9.2. Contractor’s Insurance - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during
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4 the term of this AGREEMENT, a policy of general lia bility insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional in sured 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 w ith a signed copy of this Agreement.
10. 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 and removal of PROJECT.
11. 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 10 above.
PARTIES are authorized 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 nec essary legal requirements to validly execute this Agreement.
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5 IN WITNESS WHEREOF, the PARTIES hereto have set the ir hands and seals the day and year first above written.
THE CITY OF FONTANA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Acquanetta Warren
Mayor
Initiated and Approved
By: ___________________________
Mark Denny
City Manager
By: ___________________________
Jim A. Rogers
Deputy District Director
Maintenance District 08
ATTEST:
By: __________________________
Tonia Lewis
City Clerk
By: __________________________
Ruben Duran
City Attorney
Matthew C. Ballantyne
City Manager
Germaine McClellan Key
City Clerk
Draft date
EXHIBIT A
Plan map identifying the applicable I-15 (Freeway proper) and CITY facilities.
EXHIBIT C
TRAFFIC SIGNAL AND LIGHTING
Caltrans and CITY of Fontana
Effective ____________, 20____
BASIS OF COST DISTRIBUTION
State-Owned and Maintained
Billed by the State
Route and
PM
Location Type of Facility
Cost Distribution
SR-210 7.44-
7.56 East Etiwanda
Creek BR 54-
0964R
LED Wall
Pack @80 FT
Spacing (Trail
Lighting)
State
0%
CITY
100%
SBD 210
I-15
RANCHO CUCAMONGA
FONTANA
EXHIBIT A
N
EXHIBIT A
N
LEGENDAREA WITHIN STATE R/W LIMITS TOBE MAINTAINED BY CITY OF FONTANA LOCATION: EAST ETIWANDA CREEK
STATE R/WCITY BOUNDARYEXISTING BRIDGE
RETAINING WALL
EXHIBIT ALOCATION: EAST ETIWANDA CREEK
LEGENDAREA WITHIN STATE R/W LIMITSTO BE MAINTAINED BY CITY OF FONTANA
EXHIBIT ACONCRETE HEADER DETAIL
MULTIUSE PATH DETAIL
EXHIBIT ACHAIN LINK FENCE DETAIL
TRAIL LIGHTING DETAIL
CABLE RAILING DETAILEXHIBIT A
EXHIBIT "B"