HomeMy WebLinkAboutCaltrans - 2019-07-01 City of Huntington Beach l
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File #: 19-705 MEETING DATE: 7/1/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Dave Kiff, Interim City Manager
PREPARED BY: Travis K. Hopkins, Interim Assistant City Manager
Subiect:
Approve and authorize execution of a Caltrans Maintenance Agreement for Wayfinding Sign
Installations on Pacific Coast Highway and Beach Boulevard
Statement of Issue:
The California Department of Transportation (Caltrans) requires that the City enter into a
maintenance agreement for the installation and maintenance of Visit Huntington Beach (Visit HB)
Wayfinding sign installations within Pacific Coast Highway and Beach Boulevard.
Financial Impact: r
None. The City has a current agreement with Visit HB for thwinsta4ation and on-going maintenance
of the new wayfinding signs throughout the City. All costs for fabrication, installation and
maintenance, and liability are transferred to Visit HB through the agreement.
Recommended Action:
Approve and authorize the Mayor and Interim City Manager to execute the "Project Specific
Maintenance Agreement for Wayfinding/Guide Signs in the City of Huntington Beach" with Caltrans
for wayfinding sign installations on Pacific Coast Highway and Beach Boulevard.
Alternative Action(s):
Do not authorize execution of the agreement and forego any wayfinding sign installations along
Beach Boulevard and Pacific Coast Highway under the Visit HB Wayfinding project.
Analysis:
The City of Huntington Beach and Visit Huntington Beach (Visit HB) have been working in
cooperation on the development and implementation of a citywide wayfinding sign program for the
past 2 years. The two parties entered into an agreement in September 2017 to formalize the working
relationship that the program will follow and essentially assigns the responsibility for all work
pertaining to the design, installation and on-going maintenance, as well as liability, for a 10 year
period to Visit HB.
City of Huntington Beach Page 1 of 2 Printed on 6/26/2019
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File #: 19-705 MEETING DATE: 7/1/2019
The program has been proceeding forward and many sign installations have occurred throughout the
City with several more elements still to be installed. One of the more challenging elements of the
project has been the process of obtaining the appropriate clearance and permits from Caltrans for
new installations within the State rights-of-way on both Beach Boulevard and Pacific Coast Highway.
A key element in the completion of this process is the finalization of a maintenance agreement
between the City and Caltrans that details the terms of the installation, maintenance and liability
coverage of the signs. Caltrans will only enter into a maintenance agreement with the local agency
and not with Visit HB or their contractor directly. They do allow the local agency to enter into
assignment agreements with third parties.
The maintenance agreement has been developed in consultation with legal and technical staff from
both Caltrans and the City and has been deemed acceptable by both parties. Authorization to
execute the agreement will allow the City to obtain the necessary permits that will then allow Visit
HB's contractor to obtain their second level of permitting from Caltrans. These steps are necessary
to complete the full citywide installation as planned.
Environmental Status:
Exempt.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Project Specific Maintenance Agreement for Wayfinding/Guide Signs in the City of Huntington
Beach
City of Huntington Beach Page 2 of 2 Printed on 6/26/2019
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PROJECT SPECIFIC MAINTENANCE AGREEMENT
FOR WAYFINDING/GUIDE SIGNS IN THE CITY OF HUNTINGTON BEACH
THIS AGREEMENT is made effective this 18 day of S 2041, 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. WHEREAS,the PARTIES hereto mutually desire to identify the maintenance responsibilities
for improvements of PROJECT constructed under the Permit Number 12-18-N-MC-0903,
and 12-18-N-MC-0332.
2. This Agreement addresses City responsibilities which can include,but are not limited to: sign
maintenance, sign replacement, post/anchor/foundation repair and replacement, graffiti
abatement (collectively the "SIGN/SIGNS"), placed within State Highway right-of-way on
State Routes 39 and 1,as shown on Exhibit A, attached to and made a part of this Agreement.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
3. PARTIES have agreed to an allocation of maintenance responsibilities that includes,but is
not limited to, inspection,providing emergency repair, replacement, and maintenance,
(collectively hereinafter"MAINTAIN/MAINTENANCE") of SIGNS as shown on said
Exhibit A.
4. Exhibit A consists of a list of the SIGN locations and plan drawings that identify the location
within STATE right of way which are the responsibility of the CITY to maintain in accordance
with this Maintenance Agreement.
5. CITY agrees, at CITY expense, to do the following:
5.1. CITY shall install, or contract, authorizing a licensed contractor with appropriate class
of license in the State of California, to install and thereafter will MAINTAIN (as defined in
Section 27 of the Streets and Highways Code) SIGNS conforming to those plans and
specifications pre-approved by STATE.
5.2. CITY must obtain the necessary Encroachment Permits from STATE's District
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.
5.3. CITY shall submit plans for SIGNS to STATE's District Permit Engineer for review
and approval and shall obtain and have in place a valid necessary encroachment permit prior
to the start of any work within STATE's right of way. All proposed SIGNS must meet
STATE's applicable standards.
5.4. An Encroachment Permit rider shall be required for any changes to the scope of work
allowed by this Agreement prior to the start of any work within STATE's right of way.
Changes to the scope of work shall include but are not limited to changes in the size, shape,
color, pattern, materials, locations, supporting posts, and wording of SIGNS.
5.5. CITY is required to obtain an encroachment permit for any repair work allowed by this
Agreement prior to the start of any such work within STATE's right of way.
5.6. CITY contractors shall be required to obtain an encroachment permit prior to the start
of any work within STATE's right of way.
5.7. CITY shall ensure that the SIGNS identified on Exhibit A are provided with adequate
scheduled routine MAINTENANCE (inspection, cleaning, and removal of graffiti, debris,
advertising, unapproved signs, and weeds) necessary to MAINTAIN a neat and attractive
appearance.
5.8. CITY shall replace damaged SIGNS when observed or within 30 days when notified in
writing by STATE.
5.9. CITY shall remove SIGN/SIGNS, whenever, in the opinion of STATE, it creates a
maintenance or operational concern.
5.9.1. In the event CITY fails to remove SIGN/SIGNS in a timely manner, STATE may
remove SIGN/SIGNS thirty (30) days following written notification to CITY, and STATE
will bill CITY for all costs of its removal and restoration of STATE owned areas to their
original condition.
5.10. CITY shall remove SIGNS and appurtenances and restore STATE owned areas to a
safe and attractive condition acceptable to STATE in the event this Agreement is terminated
as set forth herein.
5.11. CITY shall inspect SIGNS on a regular monthly or weekly basis to ensure the safe
operation and condition of the SIGNS and to ensure that SIGNS continue to meet the
California Manual on Uniform Traffic Control Devices (MUTCD) standards for sign
minimum reflectivity.
5.12. CITY shall expeditiously MAINTAIN, replace, repair, or remove from service any
SIGNS component that has become unsafe or unsightly. Cause of removal shall include but
is not limited to, graffiti, advertising, or unapproved temporary signage placed on SIGNS.
5.13. CITY shall expeditiously repair any STATE facility damage ensuing from SIGN
construction, presence, and MAINTENANCE.
18-6560/204012 2
5.14. CITY shall reimburse STATE for its costs to repair STATE facility damage ensuing
from SIGN presence and MAINTENANCE should STATE be required to cure a CITY
default.
5.15. CITY shall allow random inspection of SIGNS by a STATE representative.
5.16. CITY shall keep the entire SIGNS area free of litter and deleterious material.
5.17. All work by or on behalf of CITY shall be done at no cost to STATE.
6. STATE shall have the following obligations and rights under this Agreement:
6.1. Provide CITY with timely written notice of unsatisfactory conditions that require
correction by the CITY. However, the non-receipt of notice does not excuse CITY from
maintenance responsibilities assumed under this Agreement.
6.2. Issue encroachment permits to CITY and CITY contractors at no cost to them.
6.3. Reserve the right to remove SIGNS due to construction, rehabilitation, or other necessary
activities affecting these transportation facilities without any obligation, compensation to,
or approval of CITY. STATE shall give written notification to CITY of its intent to
remove SIGNS to allow for timely removal and salvage by CITY.
6.4. Not be responsible for the costs of any maintenance,repair, restoration, or replacement of
SIGNS,damaged by anything STATE does or does not do in the course of normal highway
operations and activities, or damaged in the event of vandalism or third party accident.
6.5. Reserve the right to remove or alter any SIGN that presents and immediate safety hazard
to the public without delay or advanced notification to CITY.
7. LEGAL RELATIONS AND RESPONSIBILITIES
7.1. 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.
7.2. 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 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.
18-6560/204012 3
7.3. 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 section 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.
8. PREVAILING WAGES:
8.1. 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.
8.2. 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
9. SELF-INSURED
9.1. 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 the STATE, its officers, agents and employees as the additional insured
in an amount of$1 million per occurrence and $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 in
a form satisfactory to STATE, along with a signed copy of the Agreement.
9.2. Self-Insured Using Contractor - If the 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 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 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.
18-6560/204012 4
10. 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.
11. 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.
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.
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
g... - l LAURIE BERMAN
May or f Director of Transportation
Y
Initiated and Approved
By: By:
Cit ager Dina El-Tawansy
Deputy Director of Maintenance and
Operations District 12
ATTEST:
Y:
City Clerk
As to Form and Procedure:
r9 `
By: By: C
Attorney Attorney
Department of Transportation
18-6560/204012 5
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A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On July 15, 2019 before me, Donna M. Switzer, Notary Public, personally
appeared Robin Estanislau and Erik Peterson who proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
DONNA FF.SWIT2ER
WITNESS my hand and official seal. a 'f COMMISSION x 2130243 3
E ' Notary Public-Calitomia
ORANGE COUNTY
My Comm Expires Oct 15 2019
�• Seal
(Notary Signature)
City of Huntington Beach
` 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 • www.huntingtonbeachca.gov
FB_17,,.19091P .
Office of the City Clerk
Robin Estanislau, City Clerk
July 17, 2019
Department of Transportation
District 12- Maintenance Div
Attn: Dina EI-Tawansy
1750 E. 4th Street, Suite 100
Santa Ana, CA 92705
Dear Ms. El-Tawansy:
Enclosed is a partially executed original of the "Project Specific Maintenance
Agreement for Wayfinding/Guide Signs in the City of Huntington Beach" approved by
the Huntington Beach City Council on July 1, 2019.
Upon complete execution, please return a copy of the fully executed agreement to us.
Please mail the Agreement to:
Robin Estanislau
City Clerk
2000 Main Street, 2"d Floor
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
�&4wdjlw
Robin'Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
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