Son 101 PM 22.8
Mendocino Avenue OC
1 PROJECT SPECIFIC MAINTENANCE AGREEMENT
WITH CITY OF SANTA ROSA
TH
IS 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”.
SEC
TION I
RECITALS
1. Con
tract No. 1Q700, a State project consist of upgrad e the bridge railing at Mendocino Avenue Overcrossing on State Route (SR) 101, hereinafter referred to as “PROJECT”, and
2. At CITY
’s request, STATE will install a non-state standard ornamental railing fence, wire fabric mesh and concrete barrier rail with r ose motif to match with nearby overcrossings. It was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement, and
3. The PAR
TIES hereto mutually desire to identify the maintenance responsibilities of CITY for the improvements of PROJECT constructed within the STATE right of way ,and
4. 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, and
5. There is
an existing Supplemental Freeway Maintenance Agreement , with CITY dated January 7, 1964. This Agreement is meant to replace or supersede the earlier agreement.
NO
W THEREFORE, IT IS AGREED AS FOLLOWS:
SEC
TION II
AGREEMENT
1. PAR
TIES agree this Agreement shall supersede the said Supplemental Freeway Maintenance Agreement executed by PARTIES on January 7, 1964 that are included in this Project Specific Maintenance Agreement.
EXHIBIT A
Son 101 PM 22.8
Mendocino Avenue OC
2 2. Exhibit A consists of plan drawings, and Exhibits B delineate and describe the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Agreement.
3. If there is mutual agreement on a change in the maintenance responsibilities between PARTI ES, the PARTIES can revise the E xhibit A or B, by a mutual written execution of the exhibit.
4. 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 responsibilities. This permit will be issued at no cost to CITY.
5. VEHICULAR OVERCROSSINGS
5.1. CITY will maintain, at CITY expense, the deck wearing surface and drainage system and all portions of the structure above the bridge deck, including, but without limitation, ornamental bridge fence, wire fabric mesh, concrete barrier rail motif anchor block, sidewalks, bridge rails and screens, lighting installations, signs, pavement markings, that may be required for the benefit or control of pedestrians and traffic traveling over that overcrossing structure.
6. LANDSCAPED 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.
7. 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.
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 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.
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 be done Son 101 PM 22.8
Mendocino Avenue OC
3 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, 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 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 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 work s. 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 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.
10. INSURANCE
10.1. 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 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 Son 101 PM 22.8
Mendocino Avenue OC
4 Letter of Self -Insurance shall also identify the PROJECT 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 C.
10.2. 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 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 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.
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 Article 11 above.
Son 101 PM 22.8
Mendocino Avenue OC
5 PARTIES 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 WITNESS 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: __________________________
MARK STAPP
Mayor
Initiated and Approved
By: ___________________________
MARASKESHIA SMITH
City Manager
By: ___________________________
LEAH BUDU Date
Deputy District Director
Maintenance District 4
ATTEST:
By: __________________________
City Clerk
By: __________________________
City Attorney
Maintenance Agreement with City of Santa Rosa
Son 101 PM 22.81
Vicinity Map
Mendocino Avenue Overcrossing
Mendocino Ave. Overcrossing
(Bridge # 20-0179)
x
x
x
x
x
DistCOUNTYROUTEPOST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
LAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.
Exp.
CIVIL
REG ISTERED
P
R
O
F
E
S
S
I
O
N
A
L
ENGINEER
STAT
E
O
F
C
A
L
IF
O
R
N
IA
REGISTERED CIVIL ENGINEER
TIME PLOTTED =>
DATE PLOTTED =>
17:51
3-SEP-2024
CHECKED BY
REVISED BY
DATE REVISED
PLANS APPROVAL DATE
DATE
FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
OR AGENTS SHALL NOT BE RESPONSIBLE FOR
THE STATE OF CALIFORNIA OR ITS OFFICERS
R
USERNAME =>s115690
DGN FILE =>Mendocino-Exhibit A.dgn
RELATIVE BORDER SCALE
IS IN INCHES
0123
UNITPROJECT NUMBER & PHASE
DESIGNED BY
CALCULATED-
BORDER LAST REVISED 8/27/20190418000319
0422.81 101 Son
R/W
R/W
R/W
R/W
7 8
9 10
1 2
3 4
1 5
6 7
8 9
2 0
"MA" 6+61.79 Beg
"MA" 20+87.35 END
ASPH
ASPH
ASPH
CONC CONC
ASPH
ASPH
ASPH
CONC CONCLEGEND:
Maintained by City of Santa Rosa
M
e
n
d
o
c
in
o
A
v
e
EXHIBIT A
Windsor
Petaluma
S
A
N
T
A
R
O
S
A
SHEET 2 OF 2
SON 101 PM 22.81
MAINTENANCE AGREEMENT WITH CITY OF SANTA ROSA
NB Rte 101
SB Rte 101
11 B
r
id
g
e
N
o
. 2
0 -
0 1
7 9
M
e
n
d
o
c
in
o
A
v
e
. O
/
C
I
I
..__ ' ' ' , ' / �) .. ._ ' I .... ; I ./ ;
' .. .. ,L _j, ,, ......
........ Tll ............ , /� 11T.,...,
u , I I I I I I ,, u
' /
' /
'-----}�-----------------------��------------------H------------,,
SEE ORNAMENTAL FENCE DEVELOPED ELEVATION
I I
r_l_J_ I
'1r-n 1
u u
SEE
I I
CONCRETE BARRER! RAIL MOFIT MIRROR ELEVATION
DEVELOPED ELEVATION
MOTIF REPEATS EVERY 5 PANELS
(MAINTAINED BY CITY)
I I
·•... I C •••••••• ••
•
•••• ......
.
1 r.··· ·-- ---·
! I \ . '
I
I
l
I \
,:-····------·· . ...
--.. ---· -· ... -···. --- -· ")
(
•••• • / I I
I _,/ .. ----------� 7 1··
I , / I
I I ' .. · I ) I--_;_ ./ _________ I
,--'-'".· -------------1 '< I �--� ----------� I I I
I , ' I I I
EXHIBIT B
Ornamenta I
Fence
(l Exist BRIDGE
Maintained by City
,----------··11,_,----------··1
·
1 ,----- 1
- ----
.____---! _,------- 11• ,II : ,
I
I I I' I
I
--- - -
·: 11· ,[ ____ ,
! I _____ _.,! ____________ , ------··
-- --� -------
Ornamenta I
Fence
* City maintain the
ornamenta I fence and
concrete bar,ier motif
* City maintain the
ornamento I fence ond
concrete ba,rier motif
"'
------1-------------
--?!!AV!».
TYPICAL SECTION
* Mointoined by City
� �
o I 0 01
I
o I 10 ol
-
i
I I I I
I .·· / I �--'-'/ _________ I
I ! /' I
L __ • . /' __________ I
ntoins the* City moi
o,noment ol fence ond
o I 10 01
MAINTENANCE
SON 1 01 PM
CONCRETE BARRIER RAIL MOTIF MIRROR ELEVATION
AGREEMENT WITH CITY OF
wi,e fob . mesh,1IC
SANTA ROSA
0 0 ol
I ORNAMENTAL FENCE DEVELOPED ELEVATION
SHEET 1 OF 1
RISK MANAGEMENT DIVISION
635 First Street | Second Floor | Santa Rosa, CA 95404
Tel. (707) 543-3024 | Fax (707) 543-3035| [email protected] Department of Transportation April 8, 2025
PO Box 23660 MS4A
Oakland, CA 92623
ATTN: Jonathan Chi
Re: Statement of Self-Insurance for City of Santa Rosa for Project Specific Maintenance Agreement with California Department of Transportation for the PROJECT on Route 101 at Mendocino Avenue overcrossing
Dear Mr. Chi:
This letter certifies that the CITY of Santa Rosa is self-insured and self-funded covering third-party claims arising out of its general operations (i.e.; 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 and property damage liability, meets the required coverage amounts in section 10 (Insurance) of the Project Specific Maintenance Agreement, specifically general liability insurance, coverage of bodily injury and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
If you need any additional information regarding this letter, please direct those inquiries through my office.
Sincerely,
Nick Vinh
Risk Manager
Exhibit C