ATTACHMENT 2
4-13-2020
4Q000 SR29 Bicycle and Pedestrian Undercrossing
04-NAP-29-PM11.67
1 PROJECT SPECIFIC MAINTENANCE AGREEMENT FOR PEDESTRIAN AND BICYCLE PATHWAY AT SR29 AND NAPA CREEK IN THE CITY OF NAPA
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 NAPA , a California charter city ; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.
RECITALS
A. Encroachment Permit Number was executed between CITY and STATE on to construct a new pedestrian and bicycle path underneath State Route (SR) 29 at Post Mile 11.67 in the area shown in Exhibit A, which is attached to and made a part of this Agreement hereinafter referred to as “PATH.”
B. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for the PATH improvements to be constructed within the STATE right of way under the Encroachment Permit Number and the maintenance
responsibilities of the PARTIES for the existing improvements within the State right of way.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. Exhibit A consists of plan drawings which delineate and describe the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Agreement.
2. Reserved.
3. CITY must obtain the necessary Encroachment Permits from STATE’s District 4 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance res ponsibilities. This permit will be issued at no cost to CITY.
4. The degree or extent of maintenance work to be performed, and the standards, therefore, will be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then cur rent edition of the State Maintenance Manual.
5. The maintenance functions assigned to CITY, at CITY’s expense, with regards to PATH are as follows:
5.1. PATH PAVEMENT
CITY should perform PATH pavement repair and replacement, crack sealing, pothole patching, pavement resurfacing (overlay), and emergency pavement maintenance as a result of normal wear and tear from public use of PATH. CITY will maintain: a safe facility for pedestrian and bicycle travel along the entire length of PATH, and is solely responsible for all PATH improvements, fences (except STATE access control fence), handrails, guard railing, curb and gutter, drainage facilities at grade, slope and structural section pavement of PATH located and constructed within STATE’s right of way.
5.2. LITTER AND GRAFFITI
CITY shall perform cleanup; debris and litter removal and sweeping operations necessary to maintain the width limits of the PATH, as shown in Exhibit A, in a neat and clean usable
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4Q000 SR29 Bicycle and Pedestrian Undercrossing
04-NAP-29-PM11.67
2 condition, free of graffiti. Litter, debris , and graffiti includes, but is not limited to, all sand, paper, garbage, refuse, and other items resulting from public access.
5.3. VEGETATION CONTROL
CITY will perform vegetation control of all vegetative material growing within the designated width limits of the PATH as shown on Exhibit A, including treatment by means of brush control and tree trimming. CITY shall perform r outine verification of horizontal and v ertical clearances adjacent to and over the PATH and ensure minimum clearances are maintained.
5.4. SIGNS
CITY shall maintain all City signage placed on or immediately adjacent to PATH for the purpose of warning or regulating PATH traffic.
5.5. STRIPING
CITY shall maintain: all striping and pavement markings required for the direction and operation of PATH traffic.
5.6. PATH MILE MARKERS
CITY shall be solely responsible for the maintenance, repair, replacement, and cleaning of PATH Mile Markers in the section of the PATH within the STATE right of way.
5.7. SAFETY DEVICES
The maintenance, repair, replacement and cleaning of PATH safety devices such as bollards, gates, surveillance cameras, cleaning guideposts and markers are CITY’s responsibility.
5.8. DRAINAGE
CITY shall maintain all drainage facilities built including swale, gutter, drainage inlets, Reinforced Concrete Pipes (RCP), Concrete Flared End Sections (CFES) and Rock Slope Protection (RSP) for PATH. These duties include but not limited to preventing drainage obstructions and maintaining worn/damaged drainage facilities.
5.9. RETAINING WALLS FOR PATH
CITY, at CITY’s expense shall perform wall maintenance including but not limited to surface cracks and spalls repairs and keep surface of walls fre e of debris, litter and graffiti. Any aesthetic treatments installed will be the responsibility of CITY to maintain.
5.10. WALL SURFACES
CITY will perform debris removal, cleaning and painting to keep the column and abutment wall surfaces free of debris, dirt, and graffiti.
5.11. LANDSCAPED AREAS
CITY is responsible for the maintenance of any plantings or other types of roadside improvements of PATH lying outside of the fenced area restricting walk-on access to the freeway.
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4Q000 SR29 Bicycle and Pedestrian Undercrossing
04-NAP-29-PM11.67
3 5.12. ACCESS
The STATE reserves its unrestricted right to use all areas within the STATE right of way for future construction, reconstruction, expansion, or modification, including inspection and maintenance purposes. STATE will have the use of PATH as a service road for its operations and maintenance vehicles. STATE will be responsible for any repair and/or replacement for damages incurred to PATH and PATH components as a result of its use of PATH as a service road and shall indemnify, defend and hold City harmless for any claims arising from STATE’s use of the PATH in accordance with Section 8.2.
6. EXISTING PEDESTRIAN/BIKE PATH AND PATH BRIDGE CROSSOVER NAPA CREEK
6.1. EXISTING PEDESTRAIN/BIKE PATH – CITY will maintain, at CITY expense, fences (except STATE access control fence), guard railing, drainage facilities, slope and structural adequacy of any existing pedestrian and bicycle path located within STATE right of way as shown on Exhibit “A” of this Agreement. CITY will maintain, at CITY expense, a safe path for pedestrian and bicycle travel along the entire length of the existing path by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of the existing pedestrian and bicycle path as shown on Exhibit “A”.
6.2. PATH BRIDGE CROSSOVER NAPA CREEK – CITY, at CITY’s expense, will maintain the existing path bridge structure in its entirety, including, but not limited to, surfa ce cracks and spall repairs, handrails and fences as shown on Exhibit “A”.
7. STATE shall maintain fences adjacent to PATH that separates PATH and the STATE highway.
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 this 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.
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 b e 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 its elected and appointed officials, 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
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4Q000 SR29 Bicycle and Pedestrian Undercrossing
04-NAP-29-PM11.67
4 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 17 82(d) in that it is construction work over $25,000 or alteration, demolition, repair or maintenance work over $15,000 ;, 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 in accordance with Labor Code section 1782(d) . 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 falls within the scope of Section 9.1 above.
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 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 of the 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 Section 1 above.
13. EXISTING AGREEMENTS - If there are any existing Freeway Maintenance Agreement(s), with CITY that apply to the area depicted in Exhibit A; this Agreement is not meant to replace or supersede such existing agreements.
14. MODIFICATIONS - This Agreement may not be amended or modified orally. No amendment or modification of this Agreement is binding unless it is in a writing signed by both parties.
15. 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 lega l requirements to validly execute this Agreement.
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4-13-2020
4Q000 SR29 Bicycle and Pedestrian Undercrossing
04-NAP-29-PM11.67
5 IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF NAPA, a California charter
city
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By:
Julie Lucido, Public Works
Director
STEVEN KECK
Interim Director of Transportation
By:
Leah Budu Date
Deputy District Director
Maintenance District
ATTEST:
By:
Tiffany Carranza, City Clerk
By:
Michael Barrett, City Attorney
As to Form and Procedure:
By:
Attorney
Department of Transportation
Draft date
EXHIBIT A
PATH
(Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)