The URL can be used to link to this page

Home My WebLink About07 - Continuous Deflective Separation Unit Maintenance - Caltrans AgreementCITT OF �� --� City Couiir:il Staff Report Agenda Item July 24, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949- 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Tom Sandefur, P.E. APPROVED: o' TITLE: Continuous Deflective Separation (CDS) Unit Maintenance Agreement With Caltrans ABSTRACT: Staff has been working to install Continuous Deflective Separation (CDS) Units to minimize trash and debris that flows into Newport Bay through the storm drain systems. One of the proposed units will be installed along a storm drain line in Caltans right -of- way. An agreement has been prepared with Caltrans that will allow the City to maintain and clean the Unit. RECOMMENDATION: Approve the Maintenance Agreement with the State of California for the cleaning and maintenance of the CDS unit within the Caltrans right -of -way. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The City, in an effort to reduce the litter coming into the Bay from the storm drain system, applied for funds from the Orange County Transportation Authority to purchase and install two CDS Units on these two drains. One of these drains is located in the embankment adjacent to Newport Boulevard just south of 15th Street. This storm line drains into a City maintained bioswale adjacent to the east side of Newport Boulevard just North of Hospital Road prior to draining into the Harbor. Large amounts of litter enter the line and have clogged the outlet of the bioswale in the past and consequently flooded the road. Staff prepared plans for installing a litter removing CDS unit on this storm drain just upstream from the bioswale. Since the unit will be within the State right- Continuous Deflective Separation (CDS) Unit Maintenance Agreement With Caltrans July 24, 2012 Page 2 of -way, Staff and Caltrans developed a Maintenance Agreement that would allow City crews to service the Unit just as they have an Agreement to maintain the existing bioswale. ENVIRONMENTAL REVIEW: Staff recommends the City Council find 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. 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). Submitted by: G. A. Maintenance Agreement ATTACHMENT A AGREEMENT FOR MAINTENANCE OF CONTINUOUS DEFLECTIVE SEPARATION TECHNOLOGY IN THE CITY OF NEWPORT BEACH THIS AGREEMENT is made and entered into in duplicate, effective this day of , 2012, by and between the State of California, acting by and through its 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." riditOM1X -1:001 A. WHEREAS, on Encroachment Permit number dated CITY to construct a ( "Continuous Deflective Separation Technology ") on State Route 55 , hereinafter referred to as "PROJECT ", as it shown in Exhibit "A" and B. WHEREAS, in accordance with the said Agreement it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a maintenance Agreement. C. The purpose of this agreement is to document that CITY will resume ownership, maintenance and full operational responsibilities of the "PROJECT' at no cost to the STATE. D. This Agreement is not meant to replace or supersede the earlier agreementtagreements. NOW THEREFORE, IT IS AGREED: 1. The PARTIES agree that CITY will construct, maintain, inspect, clean, repair (including any structural pavement failures associated with the "PROJECT"), replace and rehabilitates the "PROJECT" at no cost to the STATE. 2. Exhibit "A" consists of plan drawings that delineated the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Maintenance Agreement. 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. In case of a need for any lane closure, the time frame shall be coordinated with STATE. Any disturbed pavement due to pressure, operation, maintenance and repair of the "PROJECT' will be repaired and restored by CITY to STATE's satisfaction at no cost to STATE. 4. CITY will be responsible for removal or relocation of the "PROJECT' at no cost to STATE in order to accommodate any future improvements by the STATE. The CITY shall perform the task within 120 days of written notice by STATE. 5. LEGAL RELATIONS AND RESPONSIBILITIES: a) 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. b) 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. c) 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. d) Labor Code Compliance: Prevailing Wages 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, repair or maintenance CITY must conform to the provisions of Labor Code Sections 1720 through 1815, all applicable regulations and coverage determinations issued by the Director of Industrial Relations. 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. e) Prevailing Wage 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). Subcontracts shall include all Prevailing Wage requirements set forth in CITY'S contracts. 6. EFFECTIVE DATE: This Agreement shall be effective upon the date appearing on its face, 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. It is being understood and agreed, however, that the execution of this Maintenance Agreement shall not affect any pre - existing obligations of CITY to maintain other designated areas until a written notice from STATE has been issued that work in such areas, which CITY has agreed to maintain pursuant to the terms of a Agreement, has been completed. The 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. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written. CITY OF NEWPORT BEACH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BY MALCOLM DOUGHERTY MAYOR Acting Director of Transportation ATTEST: BY BY CITY Clerk APPROVED �jI ,FORM: BY ll CITY Attorney ' James Pinhciro Deputy District Director Maintenance and Operations District 12 m "Legal Attorney Department of Transportation "Approwd by VA7G'S Altoiney is not required unless changes are made to this form, in which case, the eh'ajt will be submitted to Headquarters for review and approval by VATL• 's Attorney as to farm and procedums. .. .............. I .. it r-v x yY �l , lj 11 M1 u�, IJ / a ./I��r� Ri�!Y�IY 1 %I �I�S'I+ �;i� 1 '{�'� -d rh I I oil lilt vi, PT 1 4 11 E) o a 0 0