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HomeMy WebLinkAbout12 - Landscape Maintenance Agreement with the Caltrans for West Coast Highway ImprovementsQ �EwPpRT O c — '9 TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report January 28, 2020 Agenda Item No. 12 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Patrick Arciniega, Senior Civil Engineer parciniega@newportbeachca.gov PHONE: 949-644-3347 TITLE: Approval of Landscape Maintenance Agreement with the California Department of Transportation for West Coast Highway Improvements ABSTRACT: The current Phase 2 of the West Coast Highway Median Landscaping project installs new and enhanced water friendly landscaping and irrigation system within the medians of West Coast Highway (State Route 1) between Newport Boulevard and the City Oil Field (just East of Cappy's Cafe). As a condition of the California Department of Transportation (Caltrans) permit to perform the work, Caltrans requires the execution of a Landscape Maintenance Agreement to outline the City's responsibilities relative to ongoing maintenance of this landscaping and irrigation system. RECOMMENDATION: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) (minor alterations of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment-, and b) Approve the Landscape Maintenance Agreement within State Highway Right of Way on Route 1, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this agreement. Upon completion of the improvements, on-going maintenance costs will be expensed to the Contract Services Medians account 0109031-811018 in the Public Works Department. 12-1 Approval of Landscape Maintenance Agreement with the California Department of Transportation for West Coast Highway Improvements January 28, 2020 Page 2 DISCUSSION: On November 19, 2019, Council awarded a contract to KASA Construction, Inc. for the West Coast Highway Median Landscaping Phase 2 on West Coast Highway (WCH). This construction project focuses on the second and third phases, together now referred to as Phase 2, of four proposed landscaping phases on West Coast Highway, which extends from the City Oil Field property entrance on the western end to Newport Boulevard on the eastern end. Caltrans issued the permit for construction of this Phase 2 project within State Route 1, which included removing existing vegetation and hardscape on two center medians to accommodate new landscaping, replacing existing outdated irrigation systems, replacing missing and degraded parkway landscaping on the southerly side of the road, and providing a staining restoration treatment for the existing colored/stamped concrete located within the median. As a condition of permitting, Caltrans also requires the execution of a Landscape Maintenance Agreement (LMA) to establish maintenance guidelines and responsibilities for the new landscaping within the State Highway. With the approved permit and installation of this new landscaping and irrigation system, the City also agreed to maintain the new landscaping and irrigation. Staff recommends approval of the Landscape Maintenance Agreement with Caltrans. ENVIRONMENTAL REVIEW: Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) (minor alterations of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Landscape Maintenance Agreement between Caltrans and City of Newport Beach 12-2 ATTACHMENT A LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 1 WITHIN THE CITY OF NEWPORT BEACH THIS AGREEMENT is made effective this 28th day of January 2020, 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 I RECITALS 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE's right of way by Permit Number(s) 12 -19 -N -LC -0815. 2. This Agreement addresses CITY responsibilities which can include but are not limited to planting, irrigation systems, mulches, litter and weed removal (collectively hereinafter "LANDSCAPING") placed within State Highway right of way on State Route 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 I. Inconsideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: 1.1. 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 LANDSCAPING as shown on said Exhibit "A." 1.2. When a planned future improvement is constructed and/or a minor revision has been effected with STATE's consent or initiation within the limits of the STATE's right of way herein described which affects PARTIES' division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit "A" which will be made a part hereof and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required. 12-3 2. CITY agrees, at CITY expense, to do the following: 2.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN LANDSCAPING conforming to those Plans, Specifications, and Estimate (collectively "PS&E") pre -approved by STATE. 2.2. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. 2.3. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE's District Permit Engineer for review and approval and will 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 LANDSCAPING must meet STATE's applicable standards. 2.4. CITY shall ensure that LANDSCAPED areas designated on Exhibit "A" are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. 2.5. An Encroachment Permit rider may 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. 2.6. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE's right of way. 2.7. To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement. 2.8. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. 2.9. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. 2.10. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. 2.11. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA 17) to the STATE to: 2 12-4 Department of Transportation District 12, Maintenance Maintenance Manager 1750 East Fourth Street, Suite 100 Santa Ana, CA 92705 2.12. To remove LANDSCAPING, 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. 2.13. To furnish electricity and MAINTAIN lighting system and controls for all street lighting systems installed by and for CITY. 2.14. To inspect LANDSCAPING on a regular basis to ensure the safe operation and condition of the LANDSCAPING. STATE shall provide 48 hours notice to City to ensure STATE's inspection activities do not disrupt CITY's maintenance operations. 2.15. To use its reasonably best efforts to MAINTAIN, replace, repair or remove from service any LANDSCAPING, component that has become unsafe or unsightly. 2.16. To MAINTAIN all sidewalksibike paths within the Agreement limits of the STATE highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not limited to, concrete repair, replacement and to grind or patch vertical variations in elevation of sidewalks/bike paths for an acceptable walking and riding surface, and the removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about sidewalks/bike paths or the LANDSCAPING, in an expeditious manner. 2.17. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING. 2.18. To allow random inspection of LANDSCAPING street lighting systems, sidewalks/bike paths and signs by a STATE representative. 2.19. To use reasonable efforts to keep the entire landscaped area policed and free of litter and deleterious material. 2.20. All work by or on behalf of CITY will be done at no cost to STATE. 3. STATE agrees to do the following: 3.1. 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. 12-5 3.2. Issue encroachment permits to CITY and CITY contractors at no cost to them. 4. LEGAL RELATIONS AND RESPONSIBILITIES: 4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law. 4.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY's expense or direct CITY to remove or itself remove LANDSCAPING, at CITY's sole expense and restore STATE's right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure. 4.3. 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 STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY 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 and 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 actions of STATE necessary to cure a noticed default on the part of CITY. 4.4. 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 arising 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. 5. PREVAILING WAGES: 5.1. 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 4 12-6 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. 5.2. 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. 6. INSURANCE - 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 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. 6.1. 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. 7. TERMINATION - This Agreement may be terminated by either party without cause by providing ninety (90) days written notice. CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 8. 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 pursuant to Section 7. 9. NOTICES 9.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 12-7 9.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Deputy Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 9.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: 10. NO ATTORNEYS' FEES. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. PARTIES are empowered by Streets and Highways Code Section 114 & 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. [SIGNATURES ON THE FOLLOWING PAGE] 6 12-8 IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF NEWPORT BEACH, a California municipal corporation By: Will O'Neill Mayor Initiated and Approved By: Grace K. Leung City Manager ATTEST: By: Leilani I. Brown City Clerk Approved as to Form: CITY ATTORNEY'S OFFICE By: Aaron C. Harp City Attorney 7 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TOKS OMISHAKIN Director of Transportation Monica Kress Deputy District Director Operations and Maintenance District 12 As to Form and Procedure: IN Attorney Department of Transportation 12-9 EXHIBIT "A" (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities) 12-10 �— — — — CALTRANS ROW PACIFIC COAST HIGHWAY ALTRANS • r+ Q' Q V/ � I m W �� W2 Q I \ CALTRANS ROW PACIFIC COAST HIGHWAY —\�:— o ALTRANS ROW Z itt Oo to N r N W W N 2 J W U N . r EXHIBIT A - LAN DSCAPING/HARDSCAPE PACIFIC COAST HIGHWAY LMA NOTES: CITY OF NEWPORT BEACH LANDSCAPING/HARDSCAPE AREA SHEET 1 OF ii TO BE MAINTAINED BY CITY PUBLIC WORKS DEPARTMENT CALTR9N�jRQ7CL_ 4�==— J L Lx__ — — — -- - — — PACIFIC COAST HIGHWAY ALTRANS ROW *v" I*1 CAL r ARAN$ ROW _ _ �s� CALIFORNIA � o co 4 W 4Y;cHIGHWAY x `A PACIFIC COAST r r' — — — CALTRANS ROW - EXHIBIT A - LAN DSCAPING/HARDSCAPE PACIFIC COAST HIGHWAY LMA NOTES: CITY OF NEWPORT BEACH LANDSCAPING/HARDSCAPE AREA SHEET 2 OF 11 TO BE MAINTAINED BY CITY PUBLIC WORKS DEPARTMENT 12-12 — — — — — — _ CALTRANS ROW 9 CALTRANS ROW......................... 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