HomeMy WebLinkAboutContracts & Agreements_184-2008_CCv0001.pdf AWPWI& -W MUNICIPAL UTILITIES AND
kEI)IANDS ENGINEERING DEPARTMENT
MEMORANDUM
TO: N. Enrique Martinez, City Manager
THROUGH: Rosemary f-loerning, Municipal Utilities and Engineering Director
FROM: Tom T. Fqjiwara, Assistant City Engineer k7o/r
DATE: November 10, 2008
SUBJECT: Caltrans Landscape Maintenance Agreement for Amethyst Bible Church
(CUP No.818)-Northwest Corner of Mentone Boulevard and Amethyst
Street
On September 3, 2008, the Redlands City Council approved the Caltrans Landscape Maintenance
Agreement between the City and Caltrans in which the City agreed to be responsible for the
maintenance of landscaping in the parkway of Mentone Boulevard(State Route 3 8)along the frontage
of the property owned by Amethyst Bible Church. As a condition of the City entering into this
agreement, the Amethyst Bible Church executed and recorded a Covenant with the City taking full
responsibility for paying the cost of maintaining the parkway and assuring no expense to the City for
such maintenance.
Recently,Caltrans requested a revision to the Caltrans Landscape Maintenance Agreement to include
the pen-nit number assigned specifically to this project. Attached are six originals of the revised
agreement for your review and approval. Since the City Council adopted Resolution No. 6776 at the
Council meeting of-,November 4, 2008, authorizing the City Manager to execute this type of an
agreement, we request that you and City Clerk approve and sign all six originals of the attached
agreement. The agreement was reviewed and approved by the City Attorney. Please return all six0
originals of the agreement to this office. Thank you.
Attachment
TTF:tf
FILE CUP NO 8 IS
AGREEMENT FOR LANDSCAPE MAINTENANCE
WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE 38 WITHIN THE CITY OF REDLANDS
THIS AGREEMENT is made and executed effective this
ay of` 2008,
by and between the State of California, acting through its Departineni of Transportation,
hereinafter rererred to as "STATE," and the CITY of REDLANDS, hereinafter referred to
as "CITY,*" together referred to as "PART IES".
WITNESSETH
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 08-06-6-CS-1012.
2 This Agreement addresses CITY responsibility for the landscaping, planting, and
irrigation systems, (collectively the "LANDSCAPING") placed within State
Highway right of way on State Route 38 (Mentone Boulevard at Amethyst Street),
as shown on Exhibit A, attached to and made a part of this Agreement.
Section I
In consideration of the mutual covenants and promises herein contained, CITY and
STATE agree as follows:
a) PARTIES have agreed to an allocation of maintenance responsibilities that
includes, but is not limited to, inspection, providing emergency repair,
replacement, & maintenance, (collectively hereinafter
"MAINTAIN:MAINTENANCE") of LANDSCAPING as shown on said
Exhibit "A."
b) 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's responsibility as described herein, PARTIES will agree upon
and provide a new dated and revised Exhibit "A" which will be made a part
hereof by an amendment to this Agreement when executed and will thereafter
supersede the attached original Exhibit "A" to thereafter become a part of this
Agreement.
Section 11
CITY agrees, at CITY expense, to do the following:
a) CITY may install, or contract authorizing a licensed contractor with appropriate
class of license in the State of California, to install {if relevant] and thereafter
will MAINTAIN (section 27 of the Streets and Highways Code)
LANDSCAPING conforming to those plans and specifications (PS&E) pre-
approved by STATE.
b) 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.
c) 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.
d) An Encroachment Permit rider m'ay 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.
e) CITY contractors will be required to obtain an Encroachment Permit prior to
the start of any work within STATE's right of way.
f) To furnish electricity for irrigation system controls, water, and fertilizer
necessary to sustain healthy plant growth in perpetuity.
g) To replace unhealthy or dead plantings when observed within 30 days when
notified by STATE that plant replacement is required.
h) To prune shrubs, tree plantings, and trees to control extraneous growth and
ensure STATE standard lines of sight to signs and comer sight distances are
always maintained for the safety of the public.
i) 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 sidewalkstbike
paths, or leaving surface water that becomes a hazard to vehicular or
pedestrian/bicyclist travel.
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I) 'To 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 the California Department of Food and Agriculture.
All chemical spray operations shall be reported quarterly (form LA 17) to the
STATE to Landscape Specialist in the Region Oftice at 1808 Batavia Street,
Orange. CA 92865.
k) To 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 the California Department of Food and Agriculture.
1) To expeditiously repair any STATE facility damage ensuing from CITY'S
LANDSCAPE improvements and presence and, activities, including, but not
limited to, damage caused by plants and plant roots and to reimburse STATE
for its costs to repair STATE facility damage ensuing from CITY's
LANDSCAPE presence and activities should STATE be required to cure a
CITY default.
m) To remove LANDSCAPING and appurtenances and restore STATE owned
areas to a safe and attractive acceptable to STATE in the event this Agreement
is terminated as set forth herein.
n) To furnish electricity and MAINTAIN lighting system and controls for all street
lighting systems installed by and for CITY.
o) To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the
safe operation and condition of the LANDSCAPING.
p) To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING system component that has become unsafe or unsightly.
q) To MAINTAIN all sidewalks/bike 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 sidewalksibike 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.
r) To MAINTAIN all parking or use restrictions signs encompassed within the
area of the LANDSCAPING.
3
s) To allow random inspection of LANDSCAPING by a STATE representative.
t) To keep the entire landscaped area policed and free of litter and deleterious
material.
U) All work by or on behalf of CITY will be done at no cost to STATE.
Section III
STATE agrees to do the following:
a) Provide CITY with timely written notice of unsatisfactory conditions that
require correction by CITY.
b) Issue encroachment permits to CITY and CITY contractors at no cost to
them.
c) Ensure that the costs of relocation, reconstruction or replacement of
LANDSCAPING resulting from future public and private projects and
encroachment permittees are borne by the parties responsible for these
activities that result in the need to relocate, reconstruct or replace the
LANDSCAPING.
Section IV
Legal Relations and Responsibilities:
a) Nothing in 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.
b) 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. The CITY hereby agrees to pay said STATE expenses within
thirty (310) days of receipt of billing by STATE. However, prior to STATE
4
performing any MAINTENANCE or removing LANDSCAPING, STATE will
provide written notice to CITY to cure the default and CITY will have thirty
days within which to effect that cure.
c) 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 the 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.
d) 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;COUNTY 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.
e) Insurance. CITY and their contractors shall 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 of California, its
officers, agents and employees as the additional insured in an amount of$1 million
per person and $2 million in aggregate. Coverage shall be evidenced by a
certificate of Insurance in a form satisfactory to Department that shall be delivered
to Department with a signed copy of this Agreement.
Prevailing Wage Requirements, Workers employed in the performance of work
contracted for by CITY, and /or performed under encroachment permit, are
covered by the prevailing wage provisions of the Labor Code in the same manner
as are workers employed by STATE's contractors.
CITY shall require its contractors to include prevailing wage requirements in all
subcontracts entered into to perform the work mentioned in this agreement. All the
CITY's contracts with their contractors shall include a requirement that contractors
and their subcontracts shall include prevailing wage requirements identical to those
set forth in this Agreement.
5
g) Termination, This Agreement may be terminated by timely mutual written consent
by the PARTIES, and CITY*s failure to comply with the provisions of this
Agreement will be grounds for a Notice of Termination by STATE.
h) 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.
The PARTIES are empowered by Street and Highways Code section 114 & 130 to enter into this
Agreement and has 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 REDLANDS STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
By
WILL KEMPTON
CIT ,M--, �-kGES
Director of Transportation
Attest:
By: By:
CITY CILERK Deputy District Director
Maintenance
By:
Department of Transportation
"Approval by STATE'S Attorney is not required unless changes are made to this form, in which case,the
draft will be submitted to Headquarters for review and approval by STATE's Attorney as to form and
procedures.
6
EXHIBI i '.0 ' f
MAINTENANCE AREA EXHIBIT I
SR-38
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EXN[BIT'A' DATE.
LANDSCAPE MAINTENANCE AGREEMENT
EXECUTED , 2008
ENCRO 01MENT PERMIT NO. 08 -C-CS-1{712 5
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faIGNATURF. 1.. DATE:
CITY 07F REDLANDS APPROV
SCALE I'=IOU SIGNATURE: DATE: 51-IEET I OFI
CAL.TRAN5 APPROVAL