HomeMy WebLinkAboutContracts & Agreements_182-2008_CCv0001.pdf STATE OF CALIFORNIA DEPARTNIENT OF TRANSPORTATION
MASTER AGREEMENTS COVER SHEET
ADM-0133(NEW 1,196)
DOC SB-D-36-
12/29108
DAPSIOIVDISTRICT NAME
56-MAINTENANCE
CONTACT PERSON( rne) B
USINESS PHONE MAIL STATION No.
FELICIA HAVES 517 1
DOCUMENT FILE NUMBER(Records Martagement€viii asAagtt7
NOM- Add the ve Doconmt me mmlbw to ALL e»t and Anumdments offORE iwwwdAV to R Aftragwpeot
TYPE OF AGREEMENT(Ch )
Elcooperative Q Deiegated Freeway [ Electrical Landscape Ll Other
NAME OF PROJECT
D'I'visioN DIST.
HAAT D-6
c i ROUTE(S) Pct �t44ii+E( )
SAN BERN DINO 10 28.2
THIS AGREEMENT IS IM E BETWEEN EEi THE STATE OF CALIFORN A,,%NNC
_j CI COUNTY OTHER REDLANDS
EXECUTION DATE(S)OF MASTER AGREEMENT(Must have Month and Year)
December 3. 2006
EXP END URE RUTH RI €ill NUMBER(S)
ESCR3PT[ON
Attached)
EXECUTED AGREEMENT OF LANDSCAPE MAINTENANCE ON REDLANDS PROJECT LOCATED ON I-10
AND CALIFORNIA STREET.
AGREENIENT FOR LXN'_DSCAP`E .N1AlN`TENANCE
WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE INTERSTATE 10 WITHIN THE CITY OF DLANDS
(CRA No. 826)
THIS AGREEMENT is made and executed effective this Ist day of December, 2008 by
and between the State of California, acting through its Department of Transportation,
hereinafier 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 08-08-6-MC-0337.
2. This Agreement addresses CITY responsibility for the maintenance of landscaping,
planting, irrigation systems, mulches, control, litter and -veed removal (collectively the
"LANDSCAPINMY") placed with`n State Highway right of way on State Route
Interstate 10,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
NTAINIMAl `TEN'A.1N-CE) of LANDSCAPING as shown on said Exhibit
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 execute a new
dated and revised Exhibit which will be made a part hereof and will thereafter
supersede the attached original Exhibit "A"' to thereafter become a part of this
Agreement. The new exhibit can be executed only upon written consent of the
Parties hereto acting by and through their authorized representatives- No formal
amendment to this agreement will be required.
Section Tf
CITY agrees, at CITY expense,to do the following-
a)
ollowin -a) CITY may install, or contract authorizing 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& ) 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 S`T`ATE's District Permit
Engineer for review and approval and will obtain and have in place a valid.
necessary encroachment permit prier to the start of any work within STJ'X l E S right
of way, All proposed LANDSCAPFNG -must meet STAT 's applicable standards_
c) CITY shall ensure that LANDSCAPED PED areas designated on Exhibit "A" are
provided with adequate scheduled- routine MAfNF1'F-,NA'_N7CE, necessary to
NIAINTALN, a neat and attractive appe wicc.
d) An Encroachment Permit rider may be required for any changes to the scope of
work allowed by this agreement prier to the start of any work within S`1` TE's right
of way.
e CITY contractors -will be required to obtain are Encroachment Permit pricer to the
start of any work within TATE*s right of way.
f `l"o furnish electricity for irrigation, systern controls, wvater, and fertilizer necessary,
to sustain healthy plant row h in perpetuity.
) To replace unhealthy or dead plantings when observed within 30 days when
notified by STATE that plant replacement is required.
d.
h) To prune shrubs, tree plantings, and trees to control extraneous reg i and ensure
STATE- standard lutes of sight to signs and corner sight distances are alwayw
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 anti
mooring automobiles, spraying pedestrians on public sidewalks/bike paths, of
leaving surface eater that becomes a hazard to vehicular or pedestriangr'bicyc,lis,
travel.
r
To control weeds at a level acceptable to STATE. Any control
chemical
s ��0 � by
P erb cides) shall comply 4ith all laws, rr: le , d
regulations established �e California Department of Food and Agriculture. All
chemical spray operations l e reported quarterly s�rrn .LAI�'} the STAT
to: the District Maintenance at 464 Wa ' Street, 5 Floor ISIS 1107, San:
Bernardino, CA 92401-1400.
k) To expeditiously repair any STATE facility damage ensuring from CITY"
LANDSCAPE sign and presence and, activities, including, but not limited to,
damaged caused by plants and plant roots and to reimburse LANDSCAPE presence
and activities should STATE be required to cure a CITY default.
1) jo remove LANDSCAPING and appurtenances and restore STATE awned areas
to a safe and attractive condition acceptable to STATE in the event this Agreement
is terminated set forthherein.
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 L.VNDSCAPIN
G.
) To expeditiously MAINTAIN,, replace, repair or remove from service
any
LAINDSCAPING system component that has become
unsafe or sightly{
p) To MAINTAIN all sidewalks/bike paths within the AGREEMENT limits of the
STATE highway right of way, shown on Exhibit A, at CITY expense.
MAINITENAINCE includes, but is not limited to, concrete rep replacement and
to grind or patch vertical variations in elevation of sidewalksibik paths for
acceptable walking and riding surface, and the removal of dirt, debris, ti,
an
weeds, and any deleterious item or material on or about sidewalk `bike
paths
LANDSCAPING in an.expeditious manner, or the
q) To MAINTAIN all parking or use restrictions signs encompassed within the area o
the LANDSCAPING.
r) To allow random inspection of LANDSCAPING, strut lighting systems,
sidewalk 'bike paths and signs by a STATE representative.
i
IN
To beep the entire landscaped aresolccd and free of litter and deleterious
e -
material.
t) All Work by or on behalf of CITY will be done at no cost to STATE.
5100-4—
STATE agrees to do the following:
a May provide CITY with timely tten notice of unsatisfactory conditions that
require correction by the CITY. However, the nOn-receipt of notice does not
"cuse CITE`from maintenance responsibilities assumed under this Agreement.
b Issue encroachment
its to CITE and CITY contractors at no cost to there.
tion I
Leal llelatior�s and�.e osibilities
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 ci&^er PARTY to this Agreement ky imposing any standarjof care
reVecting the design, const ctio: ant
maintertance of these ST, high
ay
improvements or CITY facilities different from the st dar of c e h posed b
laxv,
b ff during the term of this Agreement, CITY should cease to \- A � Ate. the
LANDSCAPING to the satisfaction of STATE as provided b the A eemeu
STATE may either undertake to perform that NI I - A CE onbehalf$ f IT
�
at ITY s expense or direct CIT' to r ove or itse#f remove LAS
IT 's sole exp and restore STATE's right of s to its prior or ING at
Operable condition. The CITY hereby agrees to pay said STATIC expenses,
thirty (30) days of receipt of billing b STATE.I . Ho' ever, prior to STAT
performing any MANTENANCE or removing LANDSCAPING, STATE will
Provide written notice to CITY to cure the defaultand �I `TT have dads within which to effect t cure. e (34).
Mn
r rr
a
c) Neither CITY
nor any officer or employee thereof is responsible for an
damage or liability occurring by reason of an y injury,
STATE under or in connection with anywori�inauthari or Or
to be done by
under this Agreement. It is understood and ty jurisdiction arising
indemnify and save meed that STATE shad. fully defend,
harmless the CITY and all of its officers and employees from
all claims, suits or actions of every nacre,kind and description brought ford under,
including, but not limited to, tortious, contractual,
theories or assertions of liability occurring by reason of condemnation and other
be done by STATE under this A �g done or omitted to
STATE necessary gement with the exception of those actions of
sary to cure a noticed default on the part of CITY.
d) Neither STATE nor any officer or employee thereof is
damage or liability occurring by reason of an responsible far any injury,
CITY under ar in connection with an work ridoor u omitted to be done by
this Agreement It is y �'and agreed that jurisdiction
arising ccrx3er
indemnify and save harmless and s officers and CITY shall fully defend,
claims, suits or actions of eve employees from sh
incl every name, kind and description brought forth under,
ming, but not limited to, tortious, contractual, inverse cond
theories or assertions of liability occurringb emriation or oilier
be done by CITY under this Agreement. y rens°n of anything done or omitted to
e) Preyadin�_ Wements Labor Code Compliance:
If the work performed on this project is done under
Labor Code section 1720(a)(1) defuiition of a pairpublcic w�H in€� thin the
construction, alteration, demolition, installation
conform to the provisions of Labor Code sections tp through ance C must
regulations and all applicable
coverage determinations issued by the Director f of Indust al
Relations. CITY agrees to include
Public work @York prevailing wage requirements in its contracts for
performed by CITY,s own forces is exempt from the Labor
Code's Prevailing Wage requirements.
f} Prevailing haste Itc�ccuiremt�rlts in Subcontracts
CITY shall require its contractors to include prevaiiin wage
subcontracts funded by this Agreement when the work to ber requirements�
subcontractor is a "public work" as defined in. Labor Code section byby l).
contracts. wage requ
Subcontracts shall include all prevailing i17d e
requirements set forth in CITY's
g) Insurance
CITY and their contractors shall maintain in force, durin
agreement, a policy of general liability g the term of this
and ro tY uisuranee, including coverage of bodily
injury Iiabili
tY p perty damage liability, naming the State of California,
officers, agents and employees as the additional insured in an amount of Sl millioits
Per Person and $2 million in aggregate. n
Coverage shall be evidenced by a
certificate of Insurance in a form satisfactory to Department that shalt be delivered
to Department with a signed copy of this Agreement.
5
k
h) 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.
i) Terns 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 11.4 & 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.
N 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
- - _
r � WILL KEMPTON
Director of Transportation
Attest:
Ey BY r
Ci Jerk Deputy District Di�__..
By: By:
Maintenance
Cit�Attomi ��
**Attorney
Department of Transportation
Approval by ST4TE S,4uorney=is not required unless changes erre made to this farm, in which case, the
draft will be submitted to Headquarters for review acrd approval by ST 4TE's Attorney as to form and
procedures.
6
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"Pal U+-i ities anc
December-5, 2008
Department of Transportation
District 8, Maintenance Engineering
Carelia Arora, Encroachment Permits
464 W. 4th Street, ASS 619
San €iardino, CA 92401-1400
PermitNa. 08- 8-6 -0337 - Landscape Maintenance
Street at Interstate NlgMNay 10 (CRA No. 826) Agreerrtent for California
Encosed are six originals of the sued Landscape
do December 3, 2t for California Street Ma n temnc a Agreement executed
Tree Lane in the City of Redlands. Interstate Highway 10 and C>range
Cross streets I-it1 Post lje
6ar6e it LaneLen c .Calif is Street
2g.2 255 feet
Please return one fuffy executed original of the
cooperation- Ifyouhave agreement to this office. Thank you for
mail me at��” ora ofectl �co��' please,contact me at(909) Tt#$-784 cu e-
Mail
PgIneer TOM T. F(JJ .E.
Assistant Cit
FU: CPA NO.ars
'Prsaer�WV the Past, fta t t the FuWra-
P,O. BOX 3005 REf3LAUCtS, CA 92373' * W+'.d.redtands.ca.us
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