2015/08/31 State of California Department of Transportation FY14/15 Freeway maintenance agreement I215 08-RIV-215-PM R14.5/22.3
In the City of Menifee
Freeway Maintenance Agreement
FREEWAYMAINTENANCE
AGREEMENT
WITH
CITY OF MENIFEE
THIS AGREEMENT is made effective this 31 day of iLqaid 20/K,, by and between
the State of California, acting by and through the Departmed of Transportation, hereinafter
referred to as "STATE" and the City of Menifee; hereinafter referred to as "CITY' and
collectively referred to as "PARTIES."
SECTION I
RECITALS
1. WHEREAS, on June 4, 2014 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 Interstate 215 '(I-215) within the
jurisdictional limits of the CITY as a freeway; and
2. 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
3. WHEREAS, pursuant to the above June 4, 2014 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 IT IS AGREED:
SECTION II
AGREEMENT
4. 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.
5. STATE agrees to continue control and maintenance of those portions adopted as a part of I-
215 Freeway proper as shown Exhibit A.
6. The CITY will assume the maintenance responsibilities on individual infrastructure listed in
Exhibit C attached and made a part of this Agreement by reference.
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08-RN-215-PM R14.5/223
In the City of Menifee
Freeway Maintenance Agreement
7. If there is mutual agreement on the change in the maintenance duties between PARTIES, the
PARTIES can revise Exhibit C by a mutual written execution of Exhibit A and C.
8. 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, the PARTY initiating
the construction or the minor revision shall provide a new dated and revised Exhibit A which
will, upon written mutual consent between PARTIES, become part of this Agreement and
thereafter supersede the attached original Exhibit A.
9. 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.
10. CITY must obtain the necessary Encroachment Permits from STATE's District 08
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.
11. VEHICULAR AND PEDESTRIAN OVERCROSSINGS
11.1. STATE will maintain, at STATE expense, the entire structure of any STATE
constructed vehicular and pedestrian overcrossings of I-215 below the deck surface
except for aesthetic treatment features identified in Exhibit C, and as hereinafter
provided.
11.2. CITY will maintain, at CITY expense, the deck surface and full depth of any wearing
surface treatment thereon. all facilities providing for roadway drainage, 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..
11.3. 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.
12. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
12.1. 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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O8-RIV-215-PM R14.5/22.3
In the City of Menifee
Freeway Maintenance Agreement
12.2. CITY will request STATE's District Encroachment 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 Transportation Permit Engineer prior
to starting work. Upon completion of that work, a clearance diagram will be furnished
to STATE's 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.
13. WALLS AND COLUMNS — Responsibility for debris removal, cleaning, and painting to
keep CITY's side of any wall structure or column free of debris, dirt, and graffiti shall not lie
with STATE.
14. 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.
15. INTERCHANGE OPERATON - It is STATE's responsibility to provide efficient operation
of freeway interchanges, including ramp connections to local streets and roads.
16. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES
16.1. 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 I-215 and CITY streets and roads and at ramp
connections or I-215 and CITY facilities shall be shared by a separate "Shared Cost
Electrical Agreement" and may be i - the flimre allocating these costs between
the PARTIES..
16.2. 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.
17. 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, guard railing, 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.
18. LEGAL RELATIONS AND RESPONSIBILITIES
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08-RIV-215-PM R14.5/22.3
In the City of Menifee
Freeway Maintenance Agreement
18.1. 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.
18.2. 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
and arising under this Agreement. It is understood and agreed that STATE shall fully
defend, indemnify and save harmless CITY 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, tortuous, 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.
18.3. 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, tortuous, 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.
19. PREVAILING WAGES:
19.1. 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, 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.
19.2. 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) and Labor Code Section 1771. Subcontracts shall include all prevailing
wage requirements set forth in CITY's contracts
20. INSURANCE - 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
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08-RIV-215-PM R14.5/22.3
In the City of Menifee
Freeway Maintenance Agreement
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. 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.
21. TERMINATION - This Agreement may be terminated by timely mutual written consent by
PARTIES, and CITY's failure to comply with the provisions of this Agreement may be
grounds for a Notice of Termination by STATE.
22. 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 STATE for cause. If
amendments to this Agreement are required in the future, PARTIES agree to use the latest
STATE's template if the date of this Agreement is older than 7 years at the time of the
required amendments.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 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.
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08-RIV-215-PM R14.5/22.3
In the City of Menifee
Freeway Maintenance Agreement
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first
above written.
THE CITY OF NIFEE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: MALCOLM DOUGHERTY
Name (Mayor) Director of Transportation
ATTEST n y
By: X f/V��V ` `1 By: Lf/Yj
CITY Clerk STEP N R. PUSEY
Deputy District Director
Maintenance, District 08
As to Form and Procedure:
By: By.
ttomey Atto ney
Department of Tr ortatio
6
7 EXCERPT OF MINUTES
MENIFEE CITY COUNCIL
TO: Whom it May Concern
FROM: Kathy Bennett, City Clerk
DATE: August 19, 2015
Subject: 10.4
Consent Item 10.4 Approval of City of Menifee Freeway Maintenance Agreement
with California Department of Transportation (Caltrans)
Councilmember Liesemeyer moved approval of the Consent Agenda. The
motion was seconded by Mayor Pro Tern Denver and approved on a
unanimous roll call vote as follows:
Ayes: August, Denver, Liesemeyer, Mann
Noes: None
Absent: None
I, Kathy Bennett, City Clerk of the City Menifee, DO HEREBY CERTIFY, under
penalty of perjury, that the foregoing is a true and correct excerpt of minutes of a
regular meeting of the Menifee City Council which was held on the 19'h day of
August, 2015.
Kathy Bennett, City Clerk
SHEETHSHEETS
DIST COUNTY ROUTE POST MILE No.
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LOCATION LIMITS
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PM R14o5
FREEWAY MAINTENANCE AGREEMENT
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Exhibit "C"
Aesthetic Treatment
Description of items included
• Exhibit "C—Scott Road" titled as Aesthetic Overview Scott Road
• Exhibit "C— Newport Road" titled as Aesthetic Overview Newport Road
• Exhibit C-1 titled Decorative Barrier, Fence and Pedestals
• Exhibit C-2 titled Decorative Barrier, Fence and Pedestals
• Exhibit C-3 titled Decorative Bridge Lighting
• Exhibit C-4 titled Decorative Barrier, Fence and Pedestals
• Exhibit C-5 titled Menifee Sign
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