12-1211_CALIF DEPT OF TRANSPORTATION (2)L91 r75 -y
FREEWAY MAINTENANCE AGREEMENT WITH
CITY OF SAN JUAN CAPISTRANO
THIS AGREEMENT is made and entered into in duplicate, effective this % K *— day of
Be,ew b er , 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 April 17, 2012 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 5 within the
jurisdictional limits of the CITY of San Juan Capistrano, as a freeway; and
B. WHEREAS, recent adjustments to said freeway 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 freeway
limits; and
C. WHEREAS, pursuant to Section 7 of the above April 17, 2012 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.
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 portions adopted as a part of
State Route 5 Freeway proper as shown Exhibit A.
3. The PARTIES agree to share the maintenance responsibilities on individual
infrastructure items as provided in 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 any change in the maintenance duties
between PARTIES, the PARTIES shall revise Exhibit A and /or B, as necessary, by a
mutual written execution of Exhibits A and/or B.
5. When another planned future improvement has been constructed and/or a minor
revision has been effected within the limits of the freeway 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 Highway and Route 5
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.
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 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 Highway Route 5 Freeway and CITY
streets and roads and at ramp connections or State Highway Route 5 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 freeway 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 non -motorized 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.
4
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 be
delivered to Department with a signed copy of this Agreement. In the alte ati*e
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 Freeway
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 Freeway Agreement, has been completed.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
ATTEST:
B h
ITY Clerk
APPROVED•FORM:
J!�
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
MALCOLM DOUGHERTY
Director of Transportation
James Pink
Deputy Di:
Operations
District 12
Director
Maintenance
APPROVED AS TO FORM &
By"n--
Attorney
Deparbnent of Transportation
EXMIT "A"
(Plan map showing State Highway Route 5 Freeway proper and CITY road/facilities )
EXHIBIT "B"
(Individual maintenance items that are not provided for in the body of the Agreement.)
VA
I
' r
my
3a
ZZ
-I
m
caq►►ve .
a
IA
n
z
z
z
m
0
X
A
x
n x
a
ay
0
v
AZ cn
C-
Z Z ZZ
O
s
oa
EZ Z"
�a
z
a
x
r
r
0
x
c
n
rs
z
to
c
rs
0
m
m
m m C_
3.4
__ ex.2
-c Z
W ME
$m
-� ma �
<3
n1N
=-Zi 3
a 4M
C. N
CC
30
Z
Z
0
1
M
I
s
oa
EZ Z"
�a
z
a
x
r
r
0
x
c
n
rs
z
to
c
rs
0
m
m
DESIGN
E4