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PROJECT SPECIFIC MAINTENANCE AGREEMENT
WITH CITY OF HUNTINGTON BEACH
THIS AGREEMENT is made effective this _ _ day of _ 20_, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of HUNTINGTON BEACH; hereinafter referred to as "CITY"; and collectively referred to as "PARTIES."
SECTION I
RECITALS
1. Encroachment Permit Number 12-24-6-MC-0365 was executed between CITY and STATE on Beach BLVD to install street lighting and pull box with conduit on State Route (SR) 39, hereinafter referred to as "PROJECT."
2. In accordance with said agreement, it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement.
3. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for the improvements of PROJECT constructed within the STATE right of way under the Encroachment Permit Number 12-24-6-MC-0365.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1. Exhibit A consists of plan drawings that delineate and describe the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Agreement.
2. If there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A by a mutual written execution of the exhibit.
3. 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. 1 6.19.2024
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4. LIGHTING - CITY is responsible for the entire maintenance of newly installed street lighting and pull boxes with conduit in "PROJECT."
5. STATE shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the Location(s) shown in Exhibit A, subject to STATE's Encampment Removal policy, MPD 1001 R1 and applicable State and Federal law.
Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations shown in Exhibit A.
6. CITY shall engage in weed abatement operations. CITY shall control weeds at a level acceptable to STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (form LA17) to STATE via the STATE's Landscape Specialist, Maintenance Support, Caltrans District Office 12, 1750 E. 4th Street, Suite 100, Santa Ana, CA 92705.
7. CITY's graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. CITY shall discuss such possible art with STATE's District_12._Transportation Art Coordinator before conducting any graffiti removal or remediation.
8. LEGAL RELATIONS AND RESPONSIBILITIES
8.1 Nothing within the provisions of this Agreement is intended to create duties 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.
8.2 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, under or in connection with any work, authority or jurisdiction 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 actions of every name, kind and description 2 6.19.2024
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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 STATE under this Agreement.
8.3 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 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.
9. PREVAILING WAGES:
9.1 Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a) (1) definition of a "public works" 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 works.
Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
9.2 Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" 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.
10. SELF-INSURED - CITY is self insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter ("Letter of Self-Insurance"), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self- Insurance shall also identify the PROJECT location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. 3 6.19.2024
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A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.
A. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY's contractors), 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 liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess.
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.
11. TERMINATION - This Agreement may be terminated by mutual written consent by PARTIES or by STATE for cause., CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.
12. 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 as set forth in Article 11 above.
13. If a PARTY fails to perform obligations assumed under this agreement, the non- defaulting PARTY may by written notice request that the default be remedied within thirty (30) calendar days. if the defaulting PARTY fails or refuses to do so, the non-defaulting PARTY may complete the obligations and seek reimbursement from the defaulting PARTY who shall pay the invoice within thirty (30) calendar days. If there is an immediate threat to maintain the structural integrity of, or prevent imminent danger of destruction to, the features shown on Exhibit A, either PARTY may perform necessary maintenance or remedial measures to maintain the structural integrity and/or prevent destruction of the features without notice or delay. The PARTY performing such emergency repairs shall be entitled to seek reimbursement from the defaulting PARTY. The performing PARTY shall submit a detailed invoice to the defaulting PARTY, including itemized costs and a description of the work performed, within fifteen (15) calendar days following completion of the emergency repairs. The defaulting PARTY shall pay the invoice within thirty (30) calendar days of receipt.
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 4 6.19.2024
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this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: _
Mayor
Initiated and Approved
By: - By:
CITY Manager
Andrew Chuah Deputy District
Director
Maintenance District 12
ATTEST:
By: _
CITY Clerk
pilars
By: →
CITY Attorney
Draft date
EXHIBIT A
(Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)
EXHIBIT "A" SHEET 1 OF 1
PAL HUNTINGTON BEACH P/L
SENIOR HOUSING
18431 BEACH BLVD.
HUNTINGTON BEACH
12-ORA-39 PM 3.17
NEW CONDUIT. TO MAINTAINED BY CI CALTRANS
SIDEWALK
EX. SIDEWALK -EX. SIDEWALK
TCH: CURB AND NEW PULLBOX TO BY MANTAINED NEW STREET LIGHT BY CANTANED
SA SCA GUTTER
58'
MEDIAN CURB
BEACH, BLVD..
E ELLIS AVENUE
= 270*
LEGEND:
HARDSCAPE AREA TO BE MAINTAINED BY STATE
PULLBOX TO BE
MAINTAINED BY CITY
CONDUIT TO BE
MAINTAINED BY CITY
STREETLIGHT TO BI
MAINTAINED BY CIT
CALTRANS RIGHT-OF-WAY SCALE: 1"=20*
PREPARED BY:
UNITED CIVIL, INC 18431 Beach Blvd.
30141 Agoura Road, Suite 215 IMPROVEMENT AREA PER
Agoura Hills, CA 91301 MAINTENANCE AGREEMENT
PH: (818) 707-8648
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
HUMAN RESOURCES DEPARTMENT
EXHIBIT B
CALTRANS DISTRICT 12
1750 E. 4™H STREET, SUITE 100
SANTA ANA, CA 92705 NOV 21, 2024
ATTN: Sarah Rodriguez
RE: Statement of Self Insurance for CITY OF HUNTINGTON BEACH Related to Project Specific Maintenance Agreement with State of California Department of Transportation ("STATE") for the maintenance of street lighting and pull boxes with conduit along Highway 39 at 18431 Beach Blvd.
Dear Sarah Rodriguez
The purpose of this letter is to certify that the City of Huntington Beach is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the City of Huntington Beach is self-insured covering workers' compensation claims and has received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the City of Huntington Beach appropriates funds specifically to satisfy valid third-party claims and workers' compensation claims, which may be brought against the City of Huntington Beach.
The City of Huntington Beach certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 10 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The City of Huntington Beach further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.
If you need any additional information regarding this letter, please direct those inquires through my office.
Sincerely,
Mekmaan
DeAnna Sorio
RISK MANAGER