04-Son 101 PM 18.5
1 PROJECT SPECIFIC MAINTENANCE AGREEMENT
FOR HEARN AVENUE OVERCROSSING WITH CITY OF SANTA ROSA
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 Rosa; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.
SECTIO
N I
RECITALS
1. Coo
perative Agreement Number 04-2600 was executed between CITY and STATE on May 23, 2017 to replace Hearn Avenue Overcrossing (Bridge No. 20 -0304) on State Route (SR) 101, hereinafter referred to as “PROJECT”, and
2. The PAR
TIES mutually agreed that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement, and
3. The PART
IES 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 04-2600, and
4. There is a
n existing Freeway Maintenance Agreement, w ith CITY dated August 20,1968. This Agreement is not meant to replace or supersede the earlier agreement.
5. The d
egree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.
NOW
THEREFORE, IT IS AGREED AS FOLLOWS:
SECTIO
N II
AGREEMENT
1. Exhibit A c
onsists of plan drawings, and Exhibits B and C 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. If t
here is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A, B, or C by a mutual written
EXHIBIT A
04-S on 101 PM 18.5
2 execution of the exhibit . The PARTIES will execute a formal amendment in writing through their authorized representatives.
3. CITY m
ust obtain the necessary Encroachment Permits from STATE’s District 4 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. VEH
ICULAR OVERCROSSINGS
4.1. C
ITY will maintain, at CITY expense, the deck wearing surface and drainage system and all portions of the structure above the bridge deck, including, bu t without limitation, sidewalks, bridge ornamental railings, screenings, concrete barrier with architectural treatment and corbel with CITY logo and fractured rib texture, lighting installations, signs, pavement markings, that may be required for the benef it or control of pedestrians and traffic traveling over that overcrossing structure.
5. RETAINING WALLS - 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. CO
RBY AVENUE
CI
TY, at CITY expense, will be responsible for maintaining the portion of Corby Avenue located within STATE right of way, in its entirety.
7. LAND
SCAPED 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.
8. BI
CYCLE 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. ELEC
TRICALLY OPERATED TRAFFIC CONTROL DEVICES
9.1 The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at interchanges of SR 101 Freeway and CITY streets and roads and at ramp connections or SR101 and CITY facilities shall 04-S on 101 PM 18.5
3 be shared by the PARTIES as shown in Exhibit B which, by this reference, is made a part of this Agreement.
9.2 The said cost shall be paid by STATE and the CITY shall reimburse the STATE their agreed upon share.
9.3 Tim
ing of traffic signals, which shall be coordinated with CITY to the extent that no conflict is created with freeway operations, shall be the sole responsibility of STATE.
10. LEGA
L RELATIONS AND RESPONSIBILITIES
10.1. No
thing 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.
10.2. Neit
her 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 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.
10.3. Neit
her 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 ,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.
11. PRE
VAILING WAGES:
11.1. 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 04-S on 101 PM 18.5
4 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.
11.2. 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.
12. INS
URANCE.- 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.
13. TERM
INATION - 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.
14. 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.
04-S on 101 PM 18.5
5 PART
IES are empowered by Street s and Highways Code Section 114 and 130 to enter into this Agreement and ha ve 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 W
ITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF SANTA ROSA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By
: __________________________
Mayor
Initiated and Approved
By:
___________________________
CITY Manager
By
: ___________________________
LEAH BUDU Date
Deputy District Director
Maintenance District 4
ATTEST:
By
: __________________________
CITY Clerk
By:
__________________________
CITY Attorney
BEGIN CONSTRUCTION
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FREEWAY MAINTENANCE AGREEMENT WITH
CITY OF SANT A ROSA
ROUTE 101 / HEARN AVENUE INTERCHANGE
04-SON-101 POSTMILES 17.9/18.6
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To w· 1nasor_
SHEET
1 OF 2
APRIL 05, 2022
EXHIBIT "A"
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AREA MAINTAINED BY CITY
AESTHETICS MAINTAINED BY CITY, STRUCTURE MAINTAINED BY STATE 1 -
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MAINTENANCE AGREEMENT WITH
CITY OF SANT A ROSA
ROUTE 101 / HEARN AVENUE INTERCHANGE
04-SON-101 POSTMILE 18.5
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EXHIBIT
II
A
II
SHEET
2 OF 2
NOVEMBER 21, 2024
EXHIBIT B
TR
AFFIC SIGNAL AND LIGHTING
Caltrans and CITY of SANTA ROSA
Effective ____________, 20____
BA
SIS OF COST DISTRIBUTION
State-Owned and Maintained
Billed by the State
Route and
PM
Location Type of
Facility
Cost Distribution (%)
State CITY
101
PM 18.495
Southbound
ramps/Corby
Avenue
Signal &
Lightings
E20P3
50 50
Form C _____________________________
3201 Doolan Road, Suite 285 ● Livermore, CA 94551 ● Phone (925) 837-0667 ● FAX (925) 290-1543
CERTIFICATE OF COVERAGE
Certificate Holder and
Additional Covered Party: The State of California, Department of Transportation, its officers, agents and employees.
Attention: Waddah Al- Zireeni
P.O. Box 23660 MS4A
Oakland, CA 92623
This certifies that the coverage
Described herein has been issued to: City of Santa Rosa
Description of Activity: Project Specific Maintenance Agreement for Hearn Avenue Overcrossing.
Date(s) of Activity: 12-11-2024 to 06-30-2030
Location of Activity: Hearn Ave Interchange Santa Rosa, CA
Entity Providing Coverage Excess Coverage Certificate
Expiration Date
California Joint Powers Risk Management Authority $6,000,000 excess of
$1,000,000
June 30, 2025
The following coverage is in effect and is provided through participation in a risk sharing joint powers authority: general liability and automobile liability pooled self-insurance, as defined in the Memorandum of Coverage on file with the entity and which will be made available upon request.
The coverage being provided is limited to the activity and the time period indicated herein and is subject to all the terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority.
Pursuant to Section II, subsection 8, relating to the definition of a covered party, the certificate holder named herein is only an a
dditional covered party for covered claims arising out of the activity described herein and is subject to the limits stated herein.
Cove
rage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that indicated herein except upon 30 days written notice to the certificate holder.
12-11-2024
Date
Tony Giles, CPCU, ARM-P, General Manager
Authorized Signature Name and Title (Print or type)
Certificate Number: FORM141987