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HomeMy WebLinkAboutState of California - Caltrans - 2024-02-18 """"�• 2000 Main Street, "= ' . Huntington Beach,CA 'NIL"; 92648 - y: City of Huntington Beach APPROVED 7-0 '.tiLf;T ft"r File #: 25-063 MEETING DATE: 2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, Acting City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Jacob Aube, Senior Civil Engineer Subject: Approve License Agreement and Project Specific Maintenance Agreement for the Pelican Harbor Senior Apartments Project at 18431 Beach Boulevard Statement of Issue: A License Agreement between the City and Beach Housing Partners, L.P. (Jamboree Housing, the project developer), and a Project Specific Maintenance Agreement between the City and the State of California (Caltrans), are presented for City Council approval and execution for the Pelican Harbor Senior Apartments project at 18431 Beach Boulevard (near intersection with Ellis Avenue, as shown in Attachment 1). Financial Impact: No funding is required for this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Beach Housing Partners, L.P. (Jamboree Housing, the project developer), to provide maintenance of improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 2), and instruct the City Clerk to record the agreement with the Orange County Recorder; and, ¢) Approve and authorize the Mayor and City Clerk to execute the Project Specific Maintenance Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 3). Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: City of Huntington Beach Page 1 of 2 Printed on 2/13/2025 ]�� powered by Legistar" � / zp/Je t,..W f� 204 File #: 25-063 MEETING DATE: 2/18/2025 The Pelican Harbor Senior Apartments project is located at 18431 Beach Boulevard, near the intersection with Ellis Avenue. The project's development requirements included the maintenance responsibilities of hardscape and street lighting improvements within State Route 39 along the project frontage. To document this responsibility, the project developer is required to execute a License Agreement for all hardscape and street lighting within State Route 39 Right-of-Way. This agreement also addresses sidewalk cleaning, disposal of trash, and all other aspects of maintenance. The California Department of Transportation (Caltrans), the owner of State Route 39 Right-of-Way, will only enter into maintenance agreements with governmental agencies, not private developers. Consequently, there are two agreements necessary to adequately address maintenance responsibility. The Project Specific Maintenance Agreement between the City and State of California passes maintenance responsibilities from Caltrans to the City, and the License Agreement between the City and Beach Housing Partners, L.P. (Jamboree Housing), passes maintenance responsibilities from the City to the developer. It is also Caltrans' policy to sign the agreement after the City has signed, therefore the Project Specific Maintenance Agreement is provided approved as to form but without Caltrans' signatures. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Location Map of Pelican Harbor Senior Apartments Project 4( 2. License Agreement between the City of Huntington Beach and Beach Housing Partners, L.P., to Provide Installation and Maintenance of Improvements in the Public Right-of-Way 3. Project Specific Maintenance Agreement with City of Huntington Beach 4. Presentation „j02J rAt f L/ City of Huntington Beach Page 2 of 2 Printed on 2/13/2025 powered by LegistarT" 205 .,. ..,.. ,. • .01.1.0,444.01 ill•misaaaa.ic,. •• A 14 .•-• ,,,, ,•.; '.' X: ....4 Molliwg"on,Omni 4.11Milt IP,*Fab.47tIll. t0,.. ,I.,..,'rammr•..•Iromii-www•Iftwa,NomItim.***irfirmwf:rJwit95' ..„ . 1., . . ',10.1t.r.f...r.r.7'.. .,......V...... .. .,..... ...t...........f,......,r.....,0!..1........... ." .0..... ...L.....lin....0,4.j ' 8 Cs1 • t14 ,..„.• . . '2400$-..-:'----"'--`-'.---1112a-:';-'...''';-:: -'• ''' '1=41i=i*Ita*CliZipLikS=1=a% : ' / :•,•‘,,., .1" ;i ',De •.•,:•. .•.;• , • -'• a/ :' " ,..i. ,,, eie . ;•.:: ., i•::.::. • - i • •• '"..- t , . 41041 Lil, - .,.- .. 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' P•ib ..4.01 k r;74140 , 1 .1.1."1111 :1, 16 4:,,,, .-t... bk • - • ' I 1 -41-1#, of ,--' a --, . ,•A, : . . .kn.t isOgy .411. in • 1 . 1.-!_ii'l atqj iiiMillr 1111 i.:3,4: m!7.,...1 .• : , : . :, i' ' 21116f.11: laill : ' "•:: -^:': W9C li:::: : '11' ' 111 3111--"aa •. • . . it, , . •- f Moot ,'• 1 L.,,. hitnagii..11,1 *ttlitimitiontg000rammimpi.worrumtatria 6 ..#. ... . rf::•-• . , . ,• . , • I ' l•- *2.::1'..••‘• 1.','".....mgriel'INSIPIII KO:1W 18431 Beach Blvd.PM 3.17 PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH bittoP HUNTINGTON BEACH THIS AGREEMENT is made effective this ‘.9 .day of KO,,VCCA ,2015 by and between • the State of California, acting •by and through the Department of Transportation, hereinafter referred to as "STATE" and the tity3 of HUNTINGTON .BEACH; hereinafter referred to as " it; and collectively.referred to as "PARTIES." SECTION I. RECITALS 1. Encroachment Permit Number 12-24-6-MC-0365 was executed between Milli and y 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 saig,apreement,it was agreed by PARTIES that prior to or upon PROJECT completion,Mond STATE will enter into a Maintenance Agreement. 3. Thp PARTIES hereto niutually•desire to identify the,maintenance responsibilities of ta 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 delineateand describe the:areas within STATE right of way which are the responsibility of the ON 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. gin must obtain the necessary Encroachment Permits from STATE's District_ 12 Encroachment Permit Office prior to entering STATE right of way:to perform dt2 maintenance responsibilities. This permit will be issued at no cost to ait • Kinta 18431 Beach Blvd. PM•3.17 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 torn the.stc:indard 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 &WM 184p1 Beach Blycf. Pm 3.17 brought forth under,including; bufnot limited to, tortiOus, contractUcil, 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. • 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 connectiorywith 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 thisAgreernent; 9, PREVAILING WAGES: 9.1. Labor Code Compliance if the work,performed under this Agreernent 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. AN 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. gmagrees to include prevailing wage requirements in its contracts for public works. Work performed by pj:Fia own forces is exempt from the Labor Code's Prevailing Wage.reqUirements. r"r 9.2 Requirements in Subcontracts: - ty, 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 lityl contraCts. • 1 Q.SW-INSURED - mig is self insured..m 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 Self7insutance. letter ("Letter of Self-Insurance"), satisfactory to STATE, certifying that on meets the coverage requirements of this Settion. This Letter of Self- • InsUrance shall also identify the PROJECT location as depicted in EXHIBIT A.'rail Snail deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. 3 ORM ; 14431 Bpgch Blvd.PM 3.17 • • A copy of the executed. Letter"of Self-Insurance shall be attached hereto and incorporate Os Exhibit B. .A. SELF-INSURED using Contractor - If•,the work performed under this AGREEMENT is done by 'gas contractor(s), gititil.shall require its Contractor(s) 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 i 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 maybe terminated by mutual Written consent by: . PARTIES or by STATE for cause., 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 shoji 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 NOR'-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 18431 Beach Blvd. PM 3.17 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: �� �•�'".~-�v Mayor Initiated and Approved By -- By: Acgi CITY Manager Andrew Chuah Deputy District Director Maintenance District 12 ATTEST: By: x4,..cr CITY Clerk By: CI Attorney s 574164 . EXHIBIT.A. (Plan mapidentifying.the applicable STATE Routes (Freeway proper) and CITY • d road(s) on facilitieA •• 1.. . .. :. EXHIBIT ..'':g • ...SHEET I OF 1 i/ (_&,,,i..1 • .... ...''. ' ..... .14.#47.#07M.BE4 CH• - -: . WNW-WM • . ,... 1,84:11'SEACk.1301).., .. . • • I, 1-10177kG10.:,•Back. 1 .:g; 1 .0-,•okoi,,•;.134.:fik i„ill . .1: ..; i .11-. •-,..-,-.z. . .i. , ._. SIDEWALK . \: ..t.....fs0...05r. ,_ 1 , •. . ..... . . . . . . .. ., ... . .. •.,EX k6.1',•'• (..,..?......' ....;;7-•/.;:-pf.,Pikrivr.7-7-1r:• . • 'EX:. SJDEWALK . ,.- ._ .... •''/1.:.6 .;4:4110-51611126‘.<1' -:.:••• • ...Z-- .---r•. 7. ..-7 ' — ------"!—FC ——' — .1. '7------.'-•:: . , .. =I's-4= . • • .I ...'. . ' I • k w .g I. ± J— .•,.. : 4- .;, • • 0 I. .41: : .:•:Rk. 5, ., • 765 • c:3 4' .i. ,op in Ori TO K 618 'Wgri ii.4' t.)z m. • ' t_..:. .. ,: P : IKO. - : I • . 1• 1 -1 , - L , BEACH i 1. SL:y131.,: ., ._..,.., .., . , : ..• . • „:„---,. .,.-- •• : ELLIS- AVENUE: - • ..r....,. • . . i4GOIPi• . '...-/...-..., .liARDkkPE:AliEA TO BE.Militisnik01 MI'. 5Y:51-ATE t .M4INSIE1 B TC4Y.-• ' • - i--- ,• GO.467'4.0 BE S i • •- rr •1--). M.A111Th.tte41?:.:0 • I.._V.,:,,,,,,,,_A._ .s .. . ... .. .. . i itrjlAigfoalf - .otmAN,RialT4:F-WAy bi4E 1.'i•• ••kb' . ., I , ! . PR.EPARM.BY: • • ' .) • . ..:-. .".•..., liNTITEDCWIL; INC 144Z1: Beach• 0.1vd. • 20 I.4i:ftotini.Rtiait.St062:15 th4Pktittaitkilt.AF2EA'.1?.ER.• • . . • , Ago.urggilts..:PA-....9.1.301. : •MAINTENANCE. A0R.ITAIWT i • • •. ?O.:"0 1.0.,)7.07,41648. . . .. t , . .. . . . : • ••• .1 i ' • Page 1 pf 1 • " ' CITY OF HUNTIN GTO N B. EAC H „ . 2000'MAIN STREET CALIFORNIA*92048 HUMAN RESOURCES DEPARTMENT ' EXHIBIT B CALTRANS.DISTRICT 12 1 MO.E.471-1 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 Cliy 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. DeAnna Sori RISK MANAGER • • Partially Executed - Project Specific Maintenance Agreement Final Audit Report 2025-03-06 Created: 2025-03-06 By: Sarah Rodriguez(s150889@dot.ca.gov) Status: Signed Transaction ID: CBJCHBCAABAAwYYdB3oPg8ghSloJq-t7J6ogfAklw3c0 "Partially Executed - Project Specific Maintenance Agreement" H istory Document created by Sarah Rodriguez(s150889@dot.ca.gov) 2025-03-06-4:17:15 PM GMT-IP address: 149.136.33.247 Document emailed to Bridget Butler(s162500@dot.ca.gov)for signature 2025-03-06-4:18.27 PM GMT Email viewed by Bridget Butler(s162500@dot.ca.gov) 2025-03-06-4:19:19 PM GMT-IP address:149.136.33.251 Document e-signed by Bridget Butler(s162500@dot.ca.gov) Signature Date 2025-03-06-4:27:18 PM GMT-Time Source:server-IP address: 149.136.33.251 4.. Agreement completed. 2025-03-06-4:27:18 PM GMT ta. Powered by Adobe Acrobat Sign ;142d24 18431 Beach Blvd. PM 3.17 PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH WOE 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 IT' of HUNTINGTON BEACH; hereinafter referred to as " I `..."; and collectively referred to as "PARTIES." SECTION I RECITALS 1. Encroachment Permit Number 12-24-6-MC-0365 was executed between QV 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, STY 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 PC T 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 C must obtain the necessary Encroachment Permits from STATE's District 12 Encroachment Permit Office prior to entering STATE right of way to perform maintenance responsibilities. This permit will be issued at no cost to CITY. 6 11,9:2> 18431 Beach Blvd. PM 3.17 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 r 30 9 2024 18431 Beach Blvd. PM 3.17 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. OM 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. C TYagrees to include prevailing wage requirements in its contracts for public works. Work performed by CT'YS 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 gs, contracts. 10.SELF-INSURED is self insured. IV 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 CI'I shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. 3 !19 a 18431 Beach Blvd. PM 3.17 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 Cfl1's contractor(s), rim shall require its contractor(s) 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., Offi, 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 18431 Beach Blvd. PM 3.17 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: gdi ,y CITY Manager Andrew Chuah Deputy District Director Maintenance District 12 ATTEST: By: CITY Clerk By: CI Attorney 5 ?rati EXHIBIT A (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities) . EXHIBIT >'A" SHEET`1 OF I '! . H. tart P L; i 8431 .BEACH B1.♦I .. 14.7 i 7aiBEA I W l 12 • 39 PM,.t7 "1 -9' ,�w; Cr ' a. _z SIDE�VAL4f-,: , dc : • �..� r EX: SIDEWALK' . 1 Z _K;. . ;: I. ^ f di ji' 'BEACH:. Y 8L1 ., T .. Q:'ELLIS AVENUE; . �*— _ . " HARDSGAPE.AR Ek:TO E EAAA(N AiNE ? ST.t . a •I'iU.A}X I'Q ErR.•,• = .tir41N.TAJNEd? UY''f WT;Y: t ii)U1T 7a eE E MA}NTA e et. ' I . STREEIliGHT TO.8 :. i '` • MAIN TAW E7� eY Tr. I Gi i1 AwS pitch o ' VA;Y; ' •�+ ' 1 , • r PREPARED BY. 0 UNITED CIVIL, 441 Be0 ch' l vd 301 1-Aganra. at Site 15 (Mf'R VEICAO AREA'PEI"! Agowa:IEis,GA.::91 jot, ritA!NmwAwCE.AQREE)v1ENT• Page 1 of 1 �' �tattt�sr� 4?-$ P . � ,CITY OF HUNTINGTON BEACH r :t 4 9 2000 MAIN STREET CALIFORNIA 92648 Pi ,�.,4 q HUMAN RESOURCES DEPARTMENT -�--,.."°' EXHIBIT B CALTRANS DISTRICT 12 1750 E. 4TH 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, 1)4 DeAnna Sori RISK MANAGER \'6o PaJ CITY OF HUNTINGTON BEACH U: ,.cFcpuNpt �`;��o' Lisa Lane Barnes I City Clerk January 7, 2025 Cal Trans Attn: Sarah Rodriguez— Maintenance Engineering 1750 E 4th Street Suite 100 Santa Ana, CA 92705 Sarah.Rodriguez@dot.ca.gov Dear Ms. Rodriguez: Attached for your records is a partially executed copy of the Project Specific Maintenance Agreement with the City of Huntington Beach, approved by the Huntington Beach City Council on February 18, 2025. Upon final execution, please provide a fully executed copy via email to Donna.Switzer@SurfCity-hb.org. Thank you. Sincerely, Lisa Lane Barnes City Clerk RE:ds Enclosure Office: (714) 536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov . -14".. -.. - - . . ,, , .., ...i...,. .- . , . ,. . ,. .. . , ,..: „ . , , • . Pelican Harbor Senior „„ ..... : : ., , r r .,, \ZS,. Apartments --: RPQ� ‘ 1 - '� ' Q • `�"� -� _ �� • Approve License Agreement and Project Specific Maintenance . Agreement S'.'' '' '• : :'.'' '::: ,:,7,117,,21110777 'HO:t`; )70://: .44!..07:16, i . -.4#4; ., ,.:..itir- ::, .-- ' s .` 0 Department of Public Works r 1V; 229 BACKGROU N • The Pelican Harbor Senior Apartments project is located at 18431 Beach Boulevard, near the intersection with Ellis Avenue (Attachment 1). Developed by Jamboree Housing, the project will provide affordable housing for seniors. The project consists of 43 total units with a subterranean parking garage and four stories of residential. There are also outdoor amenities such as a courtyard, dog run, open space, and fitness stations. • As part of the development requirements, the developer was required to construct a streetlight and new concrete walkways in State Route 39 (Beach Boulevard) along the project frontage. State Route 39 is operated by the California Department of Transportation (Caltrans). • The developer was also required to assume maintenance responsibilities of the 0�'1 0T1N8t P q P a ok''.���QwaoR,4°",. �. constructed improvements in State Route 39. Caltrans will not directly sign d agreements with developers, only governmental agencies. To satisfy the maintenance requirements, the City signs a maintenance agreement with Caltrans, m oA- and then signs another separate maintenance agreement with the developer to pass ‘v°_: ' `f if maintenance responsibility to the developer. Peel =°©UNT'l .0 0 • LOCATION MAP ... .. . ,. • . . ,,, PROJECT t ', 44.1'.$,. AVENUEI . . 24.7*..L ''zz-:.;,6-4. , „., , .,. ,.. . *, RFIELD, - 0 ` AVENUE q w Pp,... ,,'7..i o w. 4 : i';' ,....i:.:.::.:''''',',' A. .i!.:46(:t64:,.. YORKTOWN ' t AVENU Sli''':.'. . ' , ,.. .. ., rr^� t_ •�1-mod � :" :�I Qj 00•" -414°°'. ADAMS 1„ ',•;F' . ' ,i 0 VICINITY A. MAP , ; :� 'e NOT TO SCALE � i °°....i e jeue a 1k�r`. NEED/WHY/BENEFITS • The project's development requirements included the maintenance responsibilities of hardscape and street lighting improvements within State Route 39 along the project frontage. To document this responsibility, the project developer is required to execute a License Agreement for all hardscape and street lighting within State Route 39 Right- of-Way. This agreement also addresses sidewalk cleaning, disposal of trash, and all other aspects of maintenance. • The California Department of Transportation (Caltrans), the owner of State Route 39 Right-of-Way, will only enter into maintenance agreements with governmental agencies, not private developers. Consequently, there are two agreements necessary to adequately address maintenance responsibility. The Project Specific Maintenance Agreement between the City and Caltrans passes maintenance responsibilities from Caltrans to the City, and the License Agreement between the City and Beach Housing r/1° •011NgrQ Partners, L.P. (Jamboree Housing), passes maintenance responsibilities from the City 00 �� Q s10‘. to the developer. z • • Executing these agreements allows the developer to meet the development Q te, requirements and transfers maintenance responsibility to the developer, which results 1.4:14:3 ° ;e Rr ,go9 � . oPfe in no maintenance responsibilities for the City. OUNrI j WOMEN 1801 BEACH BLVA DETAILSI' HUNTINGTON':BEACH ) l 12-0FIA- P,3f7 1. A -0D EWiUk '�'; EX,9DEWA11< • The constructed improvements along the project �. �, frontage within Caltrans Right-of-Way on State Route 1 i f 51 39 (Beach Boulevard) include concrete walkways, 1 r 1 streetlight, conduit, and pull boxes. I e 11 • Maintenance responsibilities include the previously I mentioned improvements and also include sidewalk I` p BEACH e!.-A ;g —.1- ,-- cleaning and disposal of trash. . ELUS AVENUE LEGENik • Executing both agreements will pass all maintenance V<' HARDScaPEA —*- responsibilities to the developer and free the City of ---- 4"1R""s r '""Y' - SCALE: '-:2° maintenance responsibility. The City signs two '0%0--` `�� separate agreements with Caltrans and the 0 , , ...N. p 9 i0 O� `N�pffiPDDAIFQae"� ,t developer due to Caltrans not signing agreements a/ = .....,� e directly with developers, only governmental agencies e A o�.i; d: 0 like the City. �,.o Q e d® a 4.14190s % j0. ""z—C©�N-Pi c',i ®.�,fr: RECOMMENDATION A) Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Beach Housing Partners, L.P. (Jamboree Housing, the project developer), to provide maintenance of improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 2); and B) Approve and authorize the Mayor and City Clerk to execute the Project Specific Maintenance Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 3). ,��� ® � ��F/E Oa6 fp K\ a_�s1 COUNT �' � Questions ? gy � i5,R ,, gf ., - i t e sax yr ,a Y s sxv'� 0_ �,.,r s =V a r ' y l ��ll �1111:,.„,,t- t�'�r�t dl }1 �'� 6 .tl a a��4n,'. s. 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