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HomeMy WebLinkAboutState of California - Gateway Monument Maintenance on Route 152 (2019)Gilroy Gateway Monuments 04-SCL-152 PM 4.8/10.5 GATEWAY MONUMENT MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 152 WITHIN THE CITY OF GILROY THIS AGREEMENT is made effective this (16�_ day of ktb?C , 20 Iq, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the City of Gilroy, hereinafter referred to as "CITY," and collectively 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 Encroachment Permit Number 04-17-N-SI-2742. 2. This Agreement addresses CITY responsibility for the gateway monuments, up -lights, decomposed granite surface apron, metal guard rail, and concrete barrier, (collectively the "MONUMENTS") placed within State Highway right of way on State Route 152, 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. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: 3.1. 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 MONUMENTS as shown on said Exhibit "A." 3.2. When a planned future improvement is constructed and/or a minor revision has been instituted, with STATE's consent or initiation, which affects PARTIES' Division of Maintenance's responsibility, PARTIES will agree upon and execute a new dated and revised Exhibit "A". Such Exhibit "A" will be made a part hereof and will thereafter supersede the attached original Exhibit "A" and become a part of this Agreement. The new exhibit can be executed only upon written consent of the PARTIES. Formal amendment to this Agreement will be required. Gilroy Gateway Monuments 04-SCL-152 PM 4.8/10.5 4. CITY agrees, at CITY expense, to do the following: 4.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install and MAINTAIN (Section 27 of the Streets and Highways Code) MONUMENTS conforming to those plans and specifications (PS&E) pre -approved by STATE. 4.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed engineer, for MONUMENTS, to STATE's District Permit Engineer for review and approval. CITY will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. MONUMENTS must meet STATE's applicable standards. 4.3. CITY shall ensure that MONUMENTS areas designated on Exhibit "A" are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. 4.4. 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. 4.5. CITY's contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE's right of way. A permit fee will be required for CITY's contractor. 4.6. To perform regularly scheduled maintenance of the MONUMENTS for their projected lifespan, including graffiti removal and restoration work to maintain the integrity of the approved MONUMENTS. Graffiti removal must conform to current STATE policies and guidelines that require prompt removal of offensive messages and timely removal of all other graffiti. Maintenance practices must protect air and water quality as required by law. 4.7. MONUMENTS, which in the opinion of STATE become an operational concern, will be removed by CITY at CITY's expense. STATE will notify CITY when it has determined that MONUMENTS requires special attention. In the event the CITY fails to maintain, repair, rehabilitate or remove MONUMENTS in a timely manner, STATE may remove MONUMENTS upon sixty (60) days' notice to CITY, and bill the CITY for all costs of removal and restoration of the area. 4.8. STATE reserves the right to remove MONUMENTS at any time due to construction, rehabilitation, or other necessary activities without any obligation, compensation to, or approval of CITY. STATE may provide a minimum of sixty (60) days notification to CITY of its intent to remove MONUMENTS to allow for timely removal and salvage by CITY. 4.9. STATE reserves the right to remove or alter any MONUMENTS that present an immediate safety hazard to the public without delay or advanced notification to CITY. 4.10..All work by or on behalf of CITY will be done at no cost to STATE. 2 Gilroy Gateway Monuments 04-SCL-152 PM 4.8/10.5 5. STATE agrees to do the following: 5.1. May 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. 5.2 Issue encroachment permits to CITY and CITY contractors. STATE may perform maintenance activities in the area of the MONUMENTS, such as litter pickup and other maintenance that is normally associated with the transportation facility or right-of-way, but will not provide maintenance of the MONUMENTS themselves. 6. LEGAL RELATIONS AND RESPONSIBILITIES: 6.1. 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 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. 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. 7. PREVAILING WAGES: 7.1. 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. 7.2.Reauirements 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 Gilroy Gateway Monuments 04-SCL-152 PM 4.8/10.5 8. INSURANCE 8.1. 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. 8.2. If the work performed on this Project is done by CITY's contractor(s). CITY 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 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 liability. 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. 9. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES or by STATE for cause or convenience. CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 10. 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 described Article 9 above. 11. NOTICES - Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the PARTY shall specify in writing. Such notice shall be deemed given upon personal delivery; or if sent by first class mail, postage prepaid, three days after the date of mailing; or if sent by nationally recognized overnight carrier, on the date of receipt or refused receipt by the receiving party. CITY: City of Gilroy Attn: City Administrator 7351 Rosanna Street Gilroy, CA 95020 STATE: Caltrans Dept of Transportation, District 4 Maintenance Services 111- Grand Ave, 61h Floor Oakland, Ca. 94612-3717 Attn: Maintenance Agreement Senior 4 Gilroy Gateway Monuments 04-SCL-152 PM 4.8/10.5 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. OF GILROY STATE OF CALIFORNIA _ DEPARTMENT OF TRANSPORTATION By: City Administrator y� i ATTEST: By: - By: :�JZJ�nrc Ce'2�tu As to Fot ro edure: " 1 By: CITY Attorney TOKS MAKISHINA Director of Transportation David Ambuehl Date 1 Deputy District Director Maintenance District 4 5 1 � I II EXHIBIT A - per e� �aa O Gilroy Premium Outlets S Rod Kelley Elementary School i'IeR�Ufn A: e Gilroy Golf Course Q Q Cardenas Markets 1 pe i er Pass 1l Syngenta Flowers i st St cr ice: s z -�Costco Wholesale en ilroy Gardens ® y Theme Park v Q G i ! ro y Starbucks "- \` r. �. Eagle Ridge Golf Club © Debell Uvas Creek Preserve` City of Gilroy Lane Bryant aa. °• :fP y Er"Y 103 Christmas Sr Q Nissan of Gilroy Hill Park © Gilroy High School 3 1 A 6 w Aria M. '4p ^ f4R y S Vicinity Map - CD ,, Legend: Ep Gateway Monument Sign within State Right of Way to be Maintained by the City of Gilroy r� I I 1 I I - t minimum 8' offset from' face of curb I _- EN A4 SIGN ELEVATION • SIGN #80, #83 4 #94 SCAI.E. yr - r a' AA SIGN ELEVATION • REVERSE SIDE C—bly: Three 131 Sign No. 83 — Hwy 152 WB @ Cameron Blvd SwF: 29'-I'W Page 1 of 2 L-1 Q ZI 94 Legend: Gateway Monument Sign within State Right of Way to be Maintained by the City of Gilroy mu i 1• ra• SIGN ELEVATION _ SIGN #80, #83 & #94 SCALE. yr-1'.0' Aq Aq SIGN ELEVATION • REVERSE SIDE &.*Vf. iM+171 Sign No. 94 — Hwv 152 EB (a� Burchell Rd Page 2 of 2 SLUE: W - Nr RESOLUTION NO.2019-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SUPPORTING THE INSTALLATION OF THE TWO GILROY GATEWAY MONUMENT SIGNS ALONG STATE HIGHWAY 152 EAST OF CAMERON BOULEVARD AT POST MILE 10.86 AND WEST OF BURCHELL ROAD AT POST MILE 6.43 WHEREAS, City staff has been working with the Wayfinding Sign Committee since 2011 to develop a project to provide identification and a favorable image for the City. WHEREAS, these Gateway Monument Signs encourages and promotes enrichment of the cultural and visual environment for the transportation system users and Gilroy communities. WHEREAS, State Highway 152 is within the jurisdictional botmdaries of the State of California Department of Transportation. WHEREAS, as a condition to approving the installation of two Gateway Monument Signs on California Department of Transportation (Caltrans) facilities, Caltrans require a resolution from the City Council that the City is responsible for maintenance and upkeep of the signs on Caltrans facilities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy supports the installation of these two Gateway Monument Signs along State Highway 152 east of Cameron Boulevard at post mile 10.86 and west of Burchell Road at post mile 6.43 and that the City is responsible for installation, traffic control, maintenance and upkeep, including graffiti abatement, and removal or restoration of the signs after its effective lifespan of 50 years. PASSED AND ADOPTED this 28 h day of January 2019 by the following vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, MARQUES, LEROE- MUNOZ, TOVAR and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: TUCKER A S. I S awna Freel , City Cle Rc�and Velasco, Mayor RESOLUTION NO.2019-03 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2019-03 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said held on the 28"' day of January, 2019, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 29" day of January, 2019. S is Freels, MIMIC City Clerk of the City of (Seal)