HomeMy WebLinkAboutContracts & Agreements_204-2008_CCv0001.pdf AGREEMENT FOR LANDSCAPE MAINTENANCE
WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE 38 WITHIN THE CITY OF REDLANDS
(CUP No. 818)
THIS AGREEMENT is made and executed effective this 3rd day of December 2008, by
and between the State of California, acting through its Department of Transportation,
hereinafter referred to as "STATE," and the CITY of REDLANDS, hereinafter referred to
as "CITY,"together referred to as "PARTIES".
WITNESSETH
RECITALS:
I. 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, mulches, weed and litter removal (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 lI
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 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.
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 corner 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 sidewalksbike
paths, or leaking surface water that becomes a hazard to vehicular or
pedestrian/bicyclist travel.
2
j) 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 LAI 7) to the
STATE to: District maintenance at 464 W. 4`h Street, 6` Floor NIS 1107, San
,Bernardino, CA 92401-1400.
k) To expeditiously repair any STATE facility damage ensuing from CITY'S
LANDSCAPE sign 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.
1) 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.
m) To furnish electricity and MAINTAIN lighting system and controls for all street
lighting systems installed by and for CITY.
n) To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the
safe operation and condition of the LANDSCAPING.
o) To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING system component that has become unsafe or unsightly.
p) 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 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..
q) To MAINTAIN all parking or use restrictions signs encompassed within the
area of the LANDSCAPING.
r) To allow random inspection of LANDSCAPING by a STATE representative.
3
s) To keep the entire landscaped area policed and free of litter and deleterious
material.
t) 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.
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 (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 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
4
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.
f) 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.
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 Cade 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.
5
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
ity M ager Director of Transportation
Attest:
By
By:
Ci �Ierk ''�
ty Deputy District Director
Maintenance
� f
By:
By:
City Attorney ** Attorney
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
4EZI
� o ec��ar�ds
Municipal UdIties onJ --nginee-rine Department
December 8, 2008
Department of Transportation
District 8, Maintenance Engineering
Carelia Arora, Encroachment Permits
464 W. 4th Street, MS 619
San Bernardino, CA 92401-1400
Permit No. 08-06-6-CS-1012 - Landscape Maintenance Agreement for State
Highway Route 38 at Amethyst Street (CRA No. 818)
Enclosed are six originals of the signed Landscape Maintenance Agreement executed
on December 3, 2008 for State Highway Route 38 at Amethyst Street in the City of
Redlands.
Cross Streets Post Mile Length
Amethyst Street 5.0 to 5.0 500 feet
Please return one fully executed original of the agreement to this office. Thank you for
your cooperation. If you have any questions, please contact me at (909) 798-7584 or e-
mail me at tfuiiwara(cD-cityofrediands.org.
TOM T. FUJIWA , P.E.
Assistant City Engineer --
_,
FILE: CUP NO.818
"Preserving the Past, Protecting the Future"
P.O. Box 3005 • REDLANDS, CA 92373 • www.ci.redlands.ca.us
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EXHIBIT 'A'
MAINTENANCE AREA EXHIBIT
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EXHIBIT'A' DATE:
DSCAf E MAINTENANCE AGREEMENT I !�
CIJTED , 2005
3105
ENCROACHMENT PERMIT No. 6Z-G-05-1012 SCALE.
SIGNATURE: f' I':100
ICITY OF REDt.ANQ5 APPROVAL
5CAtf 13=I CC}' SIGNATURE: DATE: SHEET I OF I
CALTS APPROVAL
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
MASTER AGREEMENTS COVER SHEET
AOM-01 33(NEW 1196)
DOC# SBD- f
DIVISIONIDI TRI T NAME
5 -MAINTENANCE
CONTACT PERSON(Name) BUSINESS PHONE IkWL STATION NO-
FE ICIA HAYES 1654-5550 31
DOCUMENT FILE NUMBER(Records Management Wit ass n)
SAO- .
N07E: Add the above document So number to ALL SuApta meat mrd Anuwubvwts BEFORE"emft to Rscof*Aftsogeamnt
TYPE OF AGREEMENT(Check one)
n Cooperative 0 Delegated Freeway [l Electrical 0 Landscape Q Other
DAME OF PROJECT
DIVISION GIST.
MAINT D-8
CCOUNTYROUTE(S) POST MILE(S)
SAM 13ERNARDINO 38 5.00
THIS AGREEMENT IS MADE BETWEEN THE STATE OF CALIFORNIA AND
12, CITY 0 COUNTY 0 OTHER REDLANDS
EXECUTION OATE(S)OF MASTER AGREEMENT(Must have Month and Year)
December 3,2008
EXPENDITURE AUTHORIZATION NUMBER(S)
DESCRIPTION
(See Attached)
EXECUTED AGREEMENT OF LANDSCAPE MAINTENANCE ON REDLANDS PROJECT LOCATED ON ROUTE
38 AND AMETHYST STREET.
FM 2212 M 44
U e
y
AGREEMENT FOR LANDSCAPE MAINTENANCE
WITHIN STATE HIGHWAY RIGHT OF WAY
Old ROUTE 38 WITHIN TffE CITY OF DLANDS
tcupNNO. 818)
TI-IIS AGREEMEN"T is made and executed effective this 3rd day of December .2008, by
and between the State of California, acting through its Department of Transportation,
hereinafter referred to as "STATE,.*' and the CITY of REDLAN DS, hereinafter referred to
as "CITY," together referred to as "PARTIES".
WITNESSETH
-RECFrALS.
I. PARTIES desire to work together to allocate their respective obligations relative
to newly constructed or revised improvements within STATE's right of way by
Pen-nit Number 08-06-6-C S-1 12.
2. This Agreement addresses, CITY responsibility for the landscaping, planting, and
irrigation systems, mulches, N,.iecd and litter removal (collectively the
"L.NNNI)SCAPING" placed within State Hiway right of way on State Route 3)8
(Mentone Boulevard at Amethyst Street), as shown on Exhibit A. attached to and
made a part of this Agrecm,=t.
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 resp nsibilities that
includes. but is not limited to, inspection, providing emergency repair,
replacement, & maintenance, (collectively hereinafter
-ilvIAINT A NiINIAfNTENANCE') of LANDSCAPING as sho-v-n 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 pan
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.
7
Section 11
CITY agrees, at CITY expense, to do the folio-N-ving:
a) CITY may install, or contract authorizing a licensed contractor with appropriate
class of license in the State of Califorriia, to install if relevantj and thereafter
will MAINI'TAINK (section 27 of the Streets and High-%,Nrays Code)
LANDSCAPING conforming to those- plans and specifications (PSE) 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 proposedLANDSCAPINP must meet STATE's
applicable standards.
c) ary 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 may be required -I-or any changes to the scope of
p ork allo,.Nred by this agreement prior to thea start of any work within STATE's
right of may.
e) Crf Y contractors will be required to obtain an Encroachment Permit prior to
the start of, y 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 manncr 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
41
5
j) 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 LAI 7) to the
STATE to: District maintenance at 464 W. 4"' Street, 6tfil Floor MS 1107, San
Bernardino, CA 92401-1400.
k) To expeditiously repair any STATE facility damage ensuing from CITY'S
LANDSCAPE sign 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.
1) 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.
m) To furnish electricity and ilvlAfNTAIN lighting system and controls for all street
lighting systems installed by and for CITY.
n) To inspect LAI ,13SCA PING on a regular monthly or weekly basis toenstire the
safe operation and condition of the LANDSCAHNG.
o) To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING system component that has become unsafe or unsightly.
p) To MAINTAIN all sidewalks/bike paths Aithin the AGREE-NTENT limits of the
STATE highway right of way, as showm 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 side-,valks./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.
q) To MAINTAIN all parking or use restrictions signs encompassed within the
area of the LANDSCAPING.
r) To allow random inspection of LANDSCAPING by a STATE representative.
>
s) To keep the entire landscaped area policed and free of litter and deleterious
material.
t) All xxvork- by or on behalf of CITY will he 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.
Section IV
Legal Relations and Resp2nsibilitics:
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 MAINTENANTCE of these STATE
highway improvements or CITY facilities different from the standard of care
imposed by lay.
b) If during the to of this Agreement. CITY should cease to MAINTAIN the
LVNDSCAPINNG to the satisfaction of STATE as provided by this Agreement,
STATE may either undertake to perform that M AINTENIAN7CE on behalf of CITY
at CITY"s expense or direct CITY to remove or itself remove LANDSCAPING at
CIS Y's sole expense and restore STATE's right of -vkray to its prior or a safe
operable condition. The 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 LANDSCAKING, STATE will
provide written notice to CITY to cure the default and CITY will have thirty (30)
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
4
U
theories or assertions of liability occurring by reason ofanything done or omitted to
I
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 forany 111jury.,
damage or liability occurring by reason of any ping done or omitted to be'done by-
CI'I'Yi'C-OL-.N'TY 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 to 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, age-tits and employees as the additional insured in an amount of$1 million
per person and S'22 million in aggregate. Coverage shall be evidenced by a
certificate of Insurance in a form --wisfactory to Department that shall he delivered
to Department with a signed copy of this Agreement.
0 Workers employed in the performance of -,vork
contracted for by CITY, and lor performed under encroachment pernift, are,
covered by the prevailing wage, provisions of the Labor Code in the same manner
as are lArorkers employed by STA 'E's contractors.
CITY shall require its contractois to include prevailing wage requirements in all
subcontracts entered into to perform the work mentioned in this agreement. All the
CITY's contracts rith their contractors shall include a requirement that contractors
and their subcontracts shall include prevailing wage requirements identical to those
.,,t forth in this Agreement.
g) 'rennination. This Agreement ma be terminated by timely mutual ivritten consent
y I
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.
Ar ,f"
t
(t 11
IN WITNESS WHEREOF. the parties hereto have set their hands and seats the day and year first above
written.
THE CITY OF REDL STATE OF CALIFORNUA
DEPARTMENT OF
TRAINSPORTATION
By- WILL KEMIYFON
ity M er Director of Transportation
Attest:
By:
By:
G
ty (�Ier Cler Deputy District Director ell'
41
Maintenance
N-,
y:
B
I — I, --- By-
GIV Attomev
y Attornev
Department of TranVortation
"Approval by STATE'S Attomey is not required u-Mess changes are made to this forin, in which case,the
draft will be submitted to Headquarters for review and approval by STATE's Attorney as to forin and
procedures,
6
Citv oReallan64
Municipal Utilities arj gn,3i D h
December 8, 2008
DePartMent of Transportation
District 8, Maintermc a Engineering
Casella Arora, Encroachment Permits
464 W.0 Street, IVIS 619
San Bernardino, CA 92401-1400
Permit No. 08-06-6-CS-1012 - Landscape Maintenance Agreement for State
Highway Route 38 at Amethyst Suet(CRA No. 818)
Enclosed are six ordinals of the signed Landscape Maintenance Agreement execs
ted
I December 3, 2008 for State Highway Route 38 at Amethyst Street in the City of
Redlands.
Crass Streets 92:1 Mile Lefty
Amethyst Street 5.0 to &0 500 feet
Please return one fully eluted aminal of the agreement to this office. Thank you for
your cooperation. If you have any questions, please cont me at(909)798-7584 or e-
mail me at Ituffwara0gityofredlandis.aro.
TCCA T. FUJhfVP.E.
Assistant City Engineer
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