12-1211_CALIF DEPT OF TRANSPORTATION_Maintenance AgrdQIA30- 01W 75�F-
MAINTENANCE AGREEMENT WITH
CITY OF SAN JUAN CAPISTRANO
THIS AGREEMENT is made and entered into in duplicate, effective this —,�day of
r beK, 2012, by and between the State of California, acting by and through its
Department of Transportation, hereinafter referred to as "STATE and the City of San Juan
Capistrano, hereinafter referred to as "CITY"; and collectively referred to as "PARTIES."
WITNESSETH:
A. WHEREAS, on a Cooperative 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 Route 74 within the
jurisdictional limits of the CITY of San Juan Capistrano as a highway; and
B. WHEREAS, recent adjustments to said conventional highway have now been completed, or
are nearing completion, and the PARTIES hereto mutually desire to clarify and revise the
division of maintenance, as defined in section 27 of the California Streets and Highways
Code, and their respective. responsibilities as to separation structures and local CITY streets
and roads, or portions thereof, and landscaped areas lying within or outside those modified
highway limits; and
C. WHEREAS, pursuant to Section of the above Cooperative 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
conventional highway proper.
NOW THEREFORE:
1. CITY agrees to continue their 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.
2. STATE agrees to continue control and maintenance of those portions adopted as a part
of State Route 74 Highway proper as shown Exhibit A.
3, The PARTIES agree to share the maintenance responsibilities on individual
infrastructure items as provided in Exhibit BI and Exhibit B2 collectively referred to as
Exhibit B attached and made a part of this Agreement by reference, as long as it is not in
conflict with the terms of this Agreement. In case of a conflict, the terms of this
Agreement shall prevail.
4.. In the future, if there is mutual agreement on the change in the maintenance duties
between PARTIES, the PARTIES can revise Exhibit A and/or B, as necessary, by a
mutual written execution of Exhibits A and B.
5. When another planned future improvement has been constructed and/or a minor revision
has been effected within the limits of the conventional highway herein described which
will affect the PARTIES' division of maintenance responsibility as described herein,
STATE will provide a new dated and revised Exhibit "A," which will be made a part
hereof by an amendment to this Agreement when executed by all PARTIES, which will
thereafter supersede the attached original Exhibit A and become part of this Agreement.
6. CITY and STATE agree to accept their 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.
7. CITY must obtain the necessary Encroachment Permits from STATE's District 12
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
A. STATE will maintain, at STATE expense, the entire structure of any STATE
constructed vehicular and pedestrian overcrossings of State Route 74 below the
deck surface except as hereinafter provided.
B. CITY will maintain, at CITY expense, the deck and/or surfacing and structural
drainage system (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, bridge
rails, etc.) that may be required for the benefit or control of traffic using that
overcrossing.
C. At such locations as shall be determined by STATE, screening shall be placed on
STATE freeway overpasses on which pedestrians are allowed as directed by
section 92.6 of the Streets and Highways Code. All screens installed under this
program will be maintained by STATE, at STATE expense.
9. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
A. STATE will maintain the structure proper of all STATE -constructed vehicular and
pedestrian undercrossings of STATE freeways while 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 that
undercrossing will be maintained by CITY.
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B. CITY will request STATE's District Transportation Permit Engineer to issue the
necessary Encroachment Permit for any proposed change in minimum vertical
clearances between the traveled way portion of the under -roadway surface and the
Structure that results from modifications to the under -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 District Transportation Permit
Engineer prior to starting work. Upon completion of that work, a clearance
diagram will be furnished to STATE's District 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.
10. SOUNDWALLS
Responsibility for debris removal, cleaning and painting to keep CITY's side of any
sound wall structure free of debris, dirt and graffiti shall not lie with STATE.
11. PAVERS
Responsibility for the maintenance of interlocking Pavers in the sidewalk on
the bridge and in the sidewalk along State Route 74 leading west, to the CITY
downtown as shown in Exhibit B, including but not limited to repairing and replacing
them shall lie with CITY and not with STATE.
12. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES
Responsibility for the maintenance of any plantings or other types of roadside
development lying outside of the fenced right of way area reserved for exclusive
freeway use shall lie with CITY and not with STATE.
13. INTERCHANGE OPERATON
It is STATE's responsibility to provide efficient operation of freeway interchanges,
including ramp connections to local streets and roads.
14. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES
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 State Route 74 Highway and CITY streets and roads
and at ramp connections or State Route 74 and CITY facilities shall be shared by the
PARTIES under a separate "Shared Cost Electrical Agreement" which was executed
on July 1", 1983 between the PARTIES. This agreement shall be revised to include the
new electrical inventories.
Timing of traffic signals, which shall be coordinated with CITY to the extent that no
conflict is created with the conventional highway operations, shall be the sole
responsibility of STATE.
15. BICYCLE PATHS
Except for bicycle paths constructed as permitted encroachments within STATE's
right of way for which the permittee is solely responsible for all path improvements,
STATE will maintain, at STATE expense, all fences, guardrailing, drainage facilities,
slope and structural adequacy of any bicycle path located and constructed within
STATE's right of way. CITY will maintain, at CITY expense, a safe facility for
bicycle travel along the entire length of the path by providing sweeping and debris
removal when necessary; and all signing and striping and pavement markings required
for the direction and operation of that nonmotorized facility.
16. LEGAL RELATIONS AND RESPONSIBILITIES:
A. 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.
B. 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 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 of liability occurring by reason of
anything done or omitted to be done by STATE under this Agreement.
C. 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.
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D. Insurance
CITY and their 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 of California, its
officers, agents and employees as the additional insured in an amount of $1
million per person and $2 million in aggregate. Coverage shall be evidenced by a
certificate of Insurance in a form satisfactory to Department that shall e
delivered to Department with a signed copy of this Agreement. In the altefa `i-ve
if CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage
in a form satisfactory to STATE, along with a signed copy of this Agreement.
E. Prevailing Wage Requirements
a. 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, repair or maintenance CITY
must conform to the provisions of Labor Code sections 1720 through 1815, all
applicable regulations and coverage determinations issued by the Director of
Industrial Relations. 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.
b. Prevailing Wage 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). Subcontracts shall include all prevailing wage requirements set
forth in CITY's contracts.
17. EFFECTIVE DATE
This Agreement shall be effective upon the date appearing on its face, it being
understood and agreed, however, that the execution of this Maintenance
Agreement shall not affect any pre-existing obligations of CITY to maintain other
designated areas until a written notice from STATE has been issued that work in
such areas, which CITY has agreed to maintain pursuant to the terms of a Highway
Agreement, has been completed.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
CITY OF SAN
WIN
CAPISTRANO
ATTEST: �� n
B
IT Clerk
• •• O
• Y •1'1
By
Cl
��r ,
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
MALCOLM DOUGHERTY
Director of Transportation
James Dtisti;>�
Deputy Dis[ Director
Operations a Maintem
District I2
APPROVED AS TO FORM &
By
Attorney
Department of Transportation
EXHIBIT "A"
(Plan map showing State Route 74 Highway proper and CITY road/facilities )
EXHIBIT "B"
This Exhibit includes Exhibit B i and Exhibit B2.
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