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HomeMy WebLinkAboutC-5970 - Project Specific Maintenance Agreement for Route 1PROJIECT SPECIFIC MAINTENAJNCE AGREEMENT FOR ROUTE 1 IN TIff CITY OF NEWPORT BEACH THIS AGREEMENT is made effective this -IoN 2- day of, 2014, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the City of Newport Beach; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION 1 RECITALS 1. WHEREAS, PARTIES desire to work together to allocate respective obligations relative to newly constructed or revised improvements which inelude but not limited to constructing riew curb and gutter, driveway, and removing the sidewaik and replaeing it with precast concrete pavers and colored concrete for new sidewaik, (as part of the Mariner's Point Development) on State Route 1, hereinafter referred to as "PROJECT", as shown on Exhibit "A", by PermitNumbers 12-6MC-0100 and 14-6RW-0172, and 2. WHEREAS, it was agreed by PARTIES that prior to or upon PROJECT comptetion, CITY and STATE wil! enter into a Maintenance Agreement. 3. WHEREAS, the PARTIES hereto mutually desire to clarify the division ofmaintenance responsibility as defined in Section 27 ofthe Califomia Streets and Highways Code and their respective responsibilities as to PROJECT constnicted under the Encroachment PermitNumbers I2-6MC-0100 and 14-6RW-0172. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 11 AGREEMENT 4. Exhibit A consists of a plan drawing that delineates the areas within STATE right of way which are the responsibility ofthe CJTY to maintain in accordanee with this Maintenance Agreement. 5. The CITY agrees that CITY will construct, maintain, inspect, clean, repair, replace and rebabilitate the PROJECT at no cost to the STATE. All the work will be performed in a manner to ensure ADA compliance at all the time. 6. If there is mutual agreement on the change in the maintenance duties between PARTIES, the PARTIES can revise the Exhibit "A" by a mutual written-exeeution of the exhibit. 1 7. CITY and CITY's contractors must obtain the necessary Encroachment Permits from STATE's Distriet 12 Encroachment Peixiiit Office prior to entering STATE right of way to perform CJTY maintenance resporisibilities. This permit will be issued at no cost to CITY. In case of a need for any lane closure, the time frame shall be coordinated with STATE. Any disturbed pavement due to pressure, operation, maintenanee and repair of the PROJECT will be repaired and restored by CITY to STATE's satisfaction at no cost to STATE. 8. CITY will maintain, at CITY expense, all facilities constructed by PROJECT within State right of way, ineluding, but without limitation curbs, sidewalks, drainage system (and shall perform such work as n-iay be necessary to ensure a safe, and otherwise suitable surface), Iighting installations with the exeeption of street lights, signs, pavement and pavement markings that may be required for the benefit or control of traffic using that roadway or facilities otherwise described in Exhibit"A". 9. If during the term of this Agreement, CITY should cease to maintain the "PROJECT" to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perfoixn that maintenance on bebaif of CITY at CITY's expense or direct CITY to remove or itself remove PROJECT at CITY's sole expense and restore STATE's right of way to its prior or safe operable eondition. CITY hereby agrees to pay STATE said expenses, within thirty (30) days of reeeipt of billing by STATE. However, prior to STA 1 L performing any maintenariee or removing PROJECT, STATE will provide written notice to CITY to eure the default and CITY will have thirty (30) days within which to affect that eure. 10. LANDSCMED AREAS - Responsibility for the maintenanee of any plantings or other types of roadside development lying outside of the area reserved for exclusive freeway use shall lie with CTTY and not with STATE and are the subject of a separate Landscape Maintenance Agreement. 11. BICYCLE PATHS - Except for bicycle paths construeted 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, siope axid structural adequacy of any bicyele path located and construeted within STATE's right of way. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire lerigth of the path by providing sweeping and debris removal when necessary; and all signing and striping and pavement markings required for the direction and operatiori of that non -motorized facility. 12. LEGAL RELATIONS AND RESPONSIBILITIES 12.1, Nothing within the provisions of this Agreenient is intended to create duties or obligations to or rights in third parties not parties to thi.s Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with 2 respect to the operation and maintenance of STATE highways arid local facilities different from the standard of care imposed by Iaw. 12.2. Neither CJTY 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 eonnection with any work, authority or jurisdietion 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 aetions of every narne, kind and deseription brought forth under, ineluding, but not limited to, tortious, contractual, inverse eondemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those aetions of STATE necessary to eure a noticed default on the part of CITY. 12.3. Neither STATE nor any officer or employee thereof is responsible for any injury, dainage 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 arid 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, ineluding section but not limited to, tortious, contractual, inverse eondemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 13, PREVAILING WAGES: 13.1. Labor Code Compliance- If the work performed on this Project is done under contract and falis 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 confoi-m 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. 13.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts fimded by this Agreement when the work to be performed by the subcontractor is a 'public work" as defrned in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY contracts. 14. SELF-[NSURED - CITY is selfinsured. CITY agrees to deliver evidence ofself-insured coverage in a form satisfactory to STATE, along with a signed copy ofthe Agreement. 15. SELF -INSURED, using Contractor - lfthe work performed on this Project is done under contract CITY shall require its contractors 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 Iiabi1ity, naming the STATE, its officers, agents and employees as the additionaJ insured in an amount of $ 1 million per occurrence and $2 million in aggregate. Coverage shall be evideneed by a certifieate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed eopy ofthis Agreement. 16. 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 rnay be grounds for a Notice of Termination by STATE. Prior to termination of this agreement, CITY will be required to remove the "PROJECT" and restore the site to the STATE's standard at rio cost to the STATE. The CITY shall perform the task within 120 days of written notice by STA 1 L. In case of CITY' s failure to perfoiui the requested task, STATE will remove the "PROJECT" in behalf of CITY. The CITY shall be solely responsible to reirnburse STATE for all the cost assoeiated with the removal and restoration of the area in a tiniely manner. 17. TERM OF AGREEMENT - This Agreement shall become effective 011 the date first shown on its faee sheet and shall remain in full force and effect until amended or terminated at any time upon ntutual consent of the PARTIES or until terminated by STATE for cause. PARTJES 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. 4 [N WITNESS W}{EREOF, the PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF NEWPORT BEACH A califomia Muriicipal Corporation and Charter City Rush N. Hill, 11 Mayor AIIEST: By: Leilani Brown, CITY Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION MALCOLM DOUGHERTY Director of Transportation By: Z1IT-., James Pinheiro Deputy District Director Maintenance and Operations District 12 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY As to Form and Procedure: By Aaron C. Harp, CITY Attorney By: LV/7'Ql' /77y1nc'9/'— /1 Attomey Department of Transportation 5 EXHIBIT 'A' SPECIFIC MAINTENANCE AREAS WEST COAST HIGHWAY at DOVER WEST to PROPERTY LIMIT AS PART OF THE MARINER'S POINT DEVELOPMENT CITY OF NEWPORT BEACH PCH PM: 18.446 NOTE: LANDSCAPE MAINTENANCE IS COVERED UNDER A SEPERATE LANDSCAPE MAINTENENCE AGREEMENT. LEGEND tB RAMP -TE SYMBOL DESCRIPTION PRECAST CONCRETE PAVERS WITHIN STATE RIGHT OF WAY TO BE OWNED & MAINTAINED BY THE CITY OF NEWPORT BEACH CONCRETE SIDEWALK WITHIN STATE RIGHT OF WAY TO BE MAINTAINED BY THE STATE LZVVVVVVVVI COLORED CONCRETE WITHIN STATE RIGHT OF WAY TO BE MAINTAINED BY THE CITY OF NEWPORT BEACH