FMA with Santa Monica, Routes 1 and 10, Citywide
1 FREEWAY MAINTENANCE
AGREEMENT
WITH
CITY OF SANTA MONICA
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 Santa Monica; hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”.
SECTION I
RECITALS
1. WHEREAS, on August 10, 1976, a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Highway Route (SRs) 001 and 010 within the jurisdictional limits of the CITY as a highway/freeway; and,
2. WHEREAS, the PARTIES hereto mutually desire to identify and update the maintenance responsibilities for improvements to separation structures and landscaped areas lying within those modified freeway limits; and,
3. There is an existing Freeway Maintenance Agreement with the CITY dated July 26, 1966. this agreement supersedes in its entirety the existing Freeway Maintenance Agreement with CITY, dated July 26, 1966; and,
4. WHEREAS, on May 17, 1968, an Agreement for Maintenance of the State Highway in the City of Santa Monica, referred to by the STATE as a Delegated Maintenance Agreement, was executed between the CITY and STATE. CITY and STATE are working on updating this Delegated Maintenance Agreement; and,
5. WHEREAS, on June 4, 2012 the State relinquished to the City Lincoln Boulevard from Dewey Street to Route 10.
NOW THEREFORE IT IS AGREED:
SECTION II
AGREEMENT
1. PARTIES agree this Agreement shall supersede in its entirety the said Freeway Maintenance Agreement executed by PARTIES dated July 26, 1966.
2. Pursuant to Section 5 of the above Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the affected relocated or reconstructed CITY streets, except for those portions adopted as a part of the freeway proper.
FMA with Santa Monica, Routes 1 and 10, Citywide
2 3. The degree or extent of maintenance work to be performed by the CITY and STATE and the standards therefore, shall be in accordance with the provisions of Section 27 of the General Provisions of the Streets and Highways Code and the then current edition of the State Maintenance Manual.
4. CITY agrees to continue its control and maintenance of each of the affected, relocated or reconstructed CITY streets and roads as shown on that plan map attached hereto, marked Exhibit A, and made a part hereof by this reference.
5. CITY and STATE agree to accept their then respective operational and maintenance responsibilities and related associated costs thereof in the event jurisdictional boundaries of the PARTIES should change and Exhibit A is amended to reflect those changes. Changes to a PARTY’s maintenance responsibilities resulting from future improvements or alterations to the limits of the State Routes (SR) 01 & 10 freeways covered in this AGREEMENT may be made by each PARTY executing an amended Exhibit A and/or executing additional pages to Exhibit A that will be attached to this AGREEMENT and will supersede the original Exhibit A.
6. Except as provided in Section 5 above concerning Exhibit amendments, this AGREEMENT may only be amended by a written agreement executed by all PARTIES.
7. CITY must obtain the necessary Encroachment Permits from STATE’s District 07 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.
8. VEHICULAR AND PEDESTRIAN OVERCROSSINGS
8.1. STATE will maintain, at STATE expense, the entire structure of any STATE constructed vehicular and pedestrian overcrossings of SRs 01 and 10 below the asphalt concrete (bituminous) deck wearing surface. STATE will maintain at STATE expense all conduits and electrical facilities embedded or attached to the structure.
8.2. CITY will maintain, at CITY expense, the asphalt concrete (bituminous) deck wearing surface and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (sidewalks, signs, pavement markings, etc.) that may be required for the benefit or control of traffic using that overcrossing.
8.3. As directed by Division 1, Chapter 1, Article 3, Section 92.6 of the Streets and Highways Code, at locations determined by STATE and at STATE expense, STATE shall place screening on STATE freeway overpasses on which pedestrians are allowed. All screens (except any non-standard screenings installed by CITY identified in Exhibit A) installed under this program will be maintained by STATE, at STATE expense. Non-standard screenings installed by CITY will be maintained by CITY at CITY’s expense.
9. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
FMA with Santa Monica, Routes 1 and 10, Citywide
3 9.1. STATE will maintain the entire structure of all STATE-constructed vehicular and pedestrian undercrossings of STATE freeways except as hereinafter provided.
9.2. CITY will maintain the roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations (which are not part of the STATE’s structure), lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing.
9.3. WALLS AND COLUMNS IN PEDESTRIAN UNDERCROSSINGS – 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.
10. WALLS AND COLUMNS –CITY is responsible for painting to keep CITY's side of any wall structure or column free of graffiti.
11. LANDSCAPED AREAS – CITY is responsible for the maintenance of any plantings or other types of roadside improvements lying outside of the fenced area restricting walk-on access to the freeway.
12. INTERCHANGE OPERATON - It is STATE’s responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads.
13. 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.
14. LEGAL RELATIONS AND RESPONSIBILITIES
14.1. 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.
14.2. 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 STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising 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 and other theories or assertions FMA with Santa Monica, Routes 1 and 10, Citywide
4 of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.
14.3. 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 and arising 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.
14.4. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the CITY’s jurisdictional limits.
15. PREVAILING WAGES:
15.1. Labor Code Compliance- If the work performed on this Agreement 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.
15.2. 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 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.
16. INSURANCE
16.1. 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, $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 Agreement location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter FMA with Santa Monica, Routes 1 and 10, Citywide
5 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.
16.2. SELF-INSURED using Contractor - 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 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 and shall be delivered to the STATE with a signed copy of this Agreement
17. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and Party’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by the other Party.
18. 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 at any time upon mutual consent of the PARTIES or until terminated by either Party for cause.
PARTIES are empowered under law 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.
FMA with Santa Monica, Routes 1 and 10, Citywide
6 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF SANTA MONICA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Initiated and Approved
By: ___________________________
City Manager
By: ___________________________
Godson Okereke
Deputy District Director
Division of Maintenance District 07
ATTEST:
By: __________________________
City Clerk
By: __________________________
City Attorney
FMA with Santa Monica, Routes 1 and 10, Citywide
1 EXHIBIT B – LETTER OF CERTIFICATE OF CITY OF SANTA MONICA STATEMENT
OF SELF INSURANCE
California Department of Transportation
100 South Main Street, MS 03
Los Angeles, CA 90012 _______20__
ATTN: Godson Okereke, Deputy District Director, Maintenance City of Santa Monica
Department of Finance
RE: Statement of Self Insurance for CITY of Santa Monica (“CITY”), Related to Freeway Maintenance Agreement with State of California Department of Transportation (“STATE”) for the improvements along Freeways 1 and 10 at CITY’s jurisdiction.
Dear Mr. Okereke,
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 16 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-inline regarding the reserved, self-insured amounts.
If you need any additional information regarding this letter, please direct those inquires through my office.
Sincerely,
FINANCE MANAGER