HomeMy WebLinkAboutContracts & Agreements_180-2008_CCv0001.pdf AGREEMENT FOR LANDSCAPE MAINTENANCE
WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE 38 WITHIN THE CITY OF REDLANDS
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THIS AGREEMENT is made and executed effective this 4th day of November , 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 the"PARTIES."
WITNESSETH
RECITALS:
1. The 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 No. 08-06-6-MC-1016.
2. This Agreement addresses CITY responsibility for the landscaping, planting, irrigation
systems, litter and weed removal (collectively the "LANDSCAPING"") placed within State
Highway right-of-way on State Route 38, 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) The 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."
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 the PARTIES" division of
MAINTENANCE responsibility as described herein, the 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.
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Section 11
CITY agrees, at CITY expense, to do the following:
a) CITY may install, or contract with a licensed contractor with appropriate class
of license in the State of California, to install 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 fann 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 Pen-nit 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 sidewalks/bike
paths, or leaving surface water that becomes a hazard to vehicular or
pedestrian/bicyclist travel.
T" N,
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 LA 17) to the
STATE to Landscape Specialist in the Region Office 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 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.
in) 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.
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 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 sidewalksibike
paths or the LANDSCAPING in an expeditious manner.
r) To MAINTAIN all parking or use restrictions signs encompassed within the
area of the LANDSCAPING.
g
s) To allow random inspection of LANDSCAPING, street lighting systems,
sidewalks/bike paths and signs by a STATE representative.
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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 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 effect that cure.
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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 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 under or in connection with any work, authority or
jurisdiction arising under this Agreement. It is understood and meed 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 its 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$I 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.
I) 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
CITY's contracts with its 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 inay 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.
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hj 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 PAR`fiIES are empowered by Street 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.
THE CITY OF REDLANDS STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
By: / !�
N HARRISON, MAYOP, WILL KEMPTON
Director of Transportation
Attest:
By: i By:
-City/Clerk / �� 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.
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LUGONIA HOMES
TRACT 17253
CN THE CITY OF REDLANDS
STATE OF CALIFORNIA
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