TR 10 21 0080
SJ-120, PM-R1.9/R3.0
EA 10-0H890
1 PROJECT SPECIFIC MAINTENANCE AGREEMENT
WITH THE CITY OF MANTECA
THIS AGREEMENT is made effective this ______ day of ____________, 2022, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of MANTECA; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.
SECTION I
RECITALS
1. Cooperative Agreement Number 10-481 was executed between CITY and STATE to construct a new interchange at McKinley Avenue on State Route (SR) 120, hereinafter referred to as “PROJECT”, and
2. In accordance with the said agreement, it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement, and
3. The PARTIES hereto mutually desire to identify the maintenance responsibilities for improvements of PROJECT constructed under the Cooperative Agreement Number 10-481, and
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
4. Exhibit A consists of plan drawings that delineates and describes the areas within STATE right of way which are the responsibilities of the CITY to maintain in accordance with this Agreement.
5. 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.
6. CITY must obtain the necessary Encroachment Permits from STATE’s District 10 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.
7. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
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SJ-120, PM-R1.9/R3.0
EA 10-0H890
2 7.1. CITY will maintain 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 the CITY Roadway beneath the undercrossing structure.
7.2. CITY will request STATE’s District 10 Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between CITY roadway surface and the structure that results from modifications to the roadway (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 Transportation Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance diagram will be furnished to STATE’s 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.
8. WALLS AND COLUMNS - CITY is responsible for debris removal, cleaning, and painting to keep CITY ‘s side of any wall structure free of debris, dirt, and graffiti.
9. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside development lying outside of the fenced area restricting walk-on access to the freeway.
10. 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.
11. LEGAL RELATIONS AND RESPONSIBILITIES
11.1. 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.
11.2. 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, ATTACHMENT 2
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EA 10-0H890
3 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.
11.3. 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.
12. PREVAILING WAGES:
12.1. Labor Code Compliance- 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.
12.2. 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.
13. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, 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 certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the 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 incorporated as Exhibit B.
ATTACHMENT 2
TR 10 21 0080
SJ-120, PM-R1.9/R3.0
EA 10-0H890
4 13.1. SELF-INSURED using Contractor - If the work performed on this Project is done under contract, CITY shall require its contractors 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 $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.
14. TERMINATION - This Agreement may be terminated by timely 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.
15. 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 14 above.
ATTACHMENT 2
TR 10 21 0080
SJ-120, PM-R1.9/R3.0
EA 10-0H890
5 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 set their hands and seals the day and year first above written.
THE CITY OF MANTECA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
BENJAMIN J. CANTU
Mayor
Initiated and Approved
By: ___________________________
TONI LUNDGREN
Interim City Manager
By: ___________________________
MAURICIO SERRANO
Deputy District Director
Maintenance
District 10
ATTEST:
By: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
By: __________________________
DAVID NEFOUSE
City Attorney
ATTACHMENT 2