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