AGREEMENT BETWEEN THE CITY OF SALINAS AND COUNTY OF MONTEREY
FOR THE DAVIS ROAD BRIDGE REPLACEMENT AND ROAD WIDENING
PROJECT
This Project Agreement (the “Agreement”) is entered into as of the last date opposite the respective signatures by and between the City of Salinas, a California charter city and municipal corporation (hereinafter “City”), and the County of Monterey, California, a political subdivision of the State of California (the “County”), collectively the “Parties.”
RECITALS
WHEREAS, the County proposes to construct the Davis Road Bridge Replacement and road Widening Project (the “Project”); and
WHEREAS, the Project consists of widening Davis Road to four (4) travel lanes between Blanco Road and Reservation Road, a new 1700-foot long bridge over the Salinas River, intersection improvements at Davis Road/Hitchcock Road, Davis Road/Foster Road, and Davis Road/Reservation Road, and relocation of utility lines in conflict with the road and bridge construction; and
WHEREAS, the City of Salinas Industrial Waste Water site (APN 207-201-001) fronts a portion of the Project along Davis Road; and
WHEREAS, the new Davis Road bridge will span the width of the Salinas River and require moving the access point to the City of Salinas Industrial Waste Water site to a new frontage road to be constructed as part of the Project; and WHEREAS, the County has secured funding to construct the Project and actively working to complete the Right-of-way Phase of the Project; and WHEREAS, the County requests the City to provide 5,243 square feet of permanent roadway easement and 45,614 square feet of temporary construction easement and from parcel APN 207-201-001 to construct the Project.
WHEREAS, the County requests the City grant Pacific Gas and Electric Company, a California corporation, a 19,466 square feet utility easement along its frontage with Davis Road from parcel APN 207-201-001 to relocate an existing natural gas pipeline.
AGREEMENT
NOW, THEREFORE, IT IS MUTUALLY AGREED in consideration of the foregoing recitals and the mutual goals and objectives contained herein, the Parties agree as follows:
1. Project Details and Costs:
The County will manage and fund the Project at no cost to the City. As part of the Project, the County will construct a new frontage road from the intersection of Davis Road with Foster Road to the new entrance to City parcel Assessor’s Parcel Number (APN) 207-201-001. The County will relocate the entrance gate and reconstruct the existing property fence to make the access modifications. The frontage road will be paved and constructed in compliance with County and Caltrans specification. The layout of the new frontage road and relocated access driveway to the City’s parcel APN 207- 201-001 is depicted in Exhibit A which is attached and incorporated by this reference.
2. Easements:
The City will deed the County a permanent roadway easement consisting of 5,243 square feet to construct the access to the new frontage road. The City will grant 45,614 square feet of temporary construction along its frontage on Davis Road. The temporary construction easement (TCE) will be for a three (3) year period starting April 1, 2023.
The County will use the TCE to stage and construct the new bridge. The proposed permanent roadway easement and TCE are depicted in Exhibit B which is attached and incorporated by this reference. Upon completion of the Project and termination of the TCE term, the City shall provide the County ingress and egress rights through the gate entrance to maintain the Project bridge. The bridge access path shall be along the northly edge of the City’s parcel. The City shall also grant access to the neighboring parcel (APN 207-042-005 which is currently owned by CUS Holding Trust) through this same access path.
The City will deed Pacific Gas and Electric Company, a California corporation, 19,466 square feet utility easement along its frontage with Davis Road to relocate an existing natural gas pipeline. The existing pipeline is in conflict with construction of the Project bridge and needs to be relocated. The new pipeline is proposed to be installed underground and will cross the Salinas River approximately 20 feet westerly of the existing pipeline.. The proposed utility easement and easement deed are shown in Exhibit C which is attached and incorporated by this reference.
3. County Notification Obligations:
County shall coordinate all work within the Project area with the City and provide 45-day notice prior to start of any work. The County shall provide monthly updates to the City on the progress of the work during the relocation of the pipeline and construction of the Project bridge.
4. County Inspection Obligations:
The County shall be responsible for providing construction inspection and construction management services associated with construction of the Project. Quality assurance inspections conducted by the City shall be coordinated with the County.
5. Ongoing Maintenance Obligations:
a. County Maintenance Obligation: The County accepts all future maintenance responsibility of the Project, including the new frontage road leading to the City’s entrance gate and the access path to the Project bridge. b. City’s Maintenance Obligation: The City accepts all future maintenance responsibility of the entrance gate and reconstructed fence along the City’s parcel APN 207-201-001.
6. Indemnity:
a. County’s Indemnity Obligation: The County shall fully defend, indemnify and hold the City, its officers, agents and employees harmless against all claims for damages to persons or property arising out of the construction of the Project, including but not limited to the County’s design, engineering, execution of the work, maintenance, or otherwise resulting from the conduct of County employees, agents, contractors, or others in connection with the Project.
b. City’s Indemnity Obligation: The City shall fully defend, indemnify and hold the County, its officers, agents and employees harmless against all claims for damages to persons or property arising out of the on-going maintenance of the new entrance gate and reconstructed fence.
7. Insurance:
The County shall require a commercial and general liability and automobile liability policies provided by any contractors or subcontractors performing work on the Project naming the County of Monterey, its officers, agents, and employees as Additional Insureds with respect to liability arising out of the contractors’ or subcontractors’ work, including ongoing and completed operations, and shall further provide that such insurance is primary and non-contributory to any insurance or self-insurance maintained by the County.
8. Entire Agreement:
This Agreement represents the full and complete understanding of the parties with respect to the Project Property and the Project. Any prior or contemporaneous oral or written agreements by and between the parties or their agents and representatives with respect to the Project Property or the Project are revoked and extinguished by this Agreement.
9. Notices:
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered as follows:
City of Salinas
Attn: David Jacobs, Public Works Director
City of Salinas
Public Works Department
200 Lincoln Ave.
Salinas, California 93901
County of Monterey
Attn: Tom Bonigut, Assist. Director of Public Works
Public Works, Facilities and Parks Department
1441 Schilling Place, 2nd Floor
Salinas, California 93901
(831) 755-4950
[email protected]
10. Further Acts and Assurances:
The Parties agree to execute, acknowledge and deliver any and all additional papers documents and other assurances, and shall perform any and all acts and things reasonably necessary, in connection with the performance of the obligations hereunder and to carry out the intent of the Parties.
11. Counterparts:
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.
CITY OF SALINAS
BY: ________________________________ DATE: _____________________ Kimbley Craig
Mayor, City of Salinas
APPROVED AS TO FORM:
BY: _______________________________ DATE: _____________________ Christopher A. Callihan, City Attorney
COUNTY OF MONTEREY
BY: ________________________________ DATE: _____________________ Mary L. Adams, Chair
Monterey County Board of Supervisors
APPROVED AS TO FORM:
BY: ________________________________ DATE: _____________________ Mary Grace Perry
Deputy County Counsel
APPROVED AS TO INDEMNITY/INSURANCE PROVISIONS:
BY: ________________________________ DATE: _____________________ Danielle P. Mancuso, Risk Manager
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S 36°27'36" E 419.58N 35°30'00" W 170.32N 12°13'30" W 193.84S 36°17'31" W 258.15129.76N 36°27'36" W 111.00N 53°32'24" E41.50S 36°17'31" W27.95N 76°03'24" E50.93N 43°50'05" E52.07N 35°24'37" E 230.29R=7599.55Δ=0°35'21"L=78.13N 53°42'29" W10.00124.4369.41128.39N 36°16'35" E 180.37
86.00394.58CITY OF SALINAS276.24 ACRES PER26-SURVEYS-17APN 207-201-001POINT OFBEGINNING DAVIS ROADMICHAEL K. GOETZ - PLSCOUNTY SURVEYORDATE:
SCALE: 1"=75'
September 9, 2021
NEW ROAD R/WR/W ACQUISITION PARCEL0.536 ACRES
(A COUNTY ROAD, WIDTH VARIES)
(831) 755-4800/FAX (831) 755-4958COUNTY OF MONTEREY1441 SCHILLING PLACE, SOUTH 2ND FLOORSALINAS, CALIFORNIA 93901DATESCALEOFFICE OF THE COUNTY SURVEYORDAVIS ROAD BRIDGE PROJECTTEMPORARY CONSTRUCTION EASEMENTCONTRACT NO. 3600CITY OF SALINAS PROPERTY09/09/211"=75'
EXISTING ROAD R/W
EXISTING ROAD R/WSALINAS TO COUNTY OF MONTEREYV 1799 OR 121 - 10' STRIPTEMPORARYCONSTRUCTIONEASEMENT 0.624ACRESHOLLIS HITCHCOCKTO COUNTY OF MONTEREYV 21 DEEDS 117 - 40' STRIP