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AGREEMENT FOR LANDSCAPE MAINTEN
WITHIN STATE HIGHWAY RIGHT OF WAY E
ON ROUTE INTERSTATE. 10 WITHIN THE CITY OF I2E
(CRA No. 826) DLANllS
IBIS AGREEMENT is made and executed effective this 1st
and between the State of , acting through it.
hereinafter referred at as CaliforniaCali'1 I? day en December, 2008 by
and the City f' Redlands, hereinaftet ofTransportation,
r fn rredt to as
"CITY," together referred to as "PARTIES",
eferred to as
REGI_ AL . WI"INE5Sf. TIS
}. I'AR1'IES desire to work torr
nproV tno lent loc�te itheir respective obligations relative to
newly constructed or revised i
Number 08-08-6-MC-0, 7. thin STATE's right ofway Y by Permit
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This Agreement addresses CITY responsibility f
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planting, irri r� 5 or the maintenance of ]ands
g� I,ation systems, mulches, control litter and weed removal (collective
caping,
Interstate 10, as shownonFxl�b thA attachein State d Highway ( t1vely tl�e
right o f way on State Route
cd to and made a part of this Agreement.
Section I
In consideration of the mutual covenants and promises herein ,
STATE agree as follows:
containc,d. CITY and
a) PARTIES have agreed to an allocation of maintenance
includes, but is not limited to
responsibilities that
replacement, � inspection, providing emergency repair,
maintenance p ,
'•MAINTAIN/MAINTENANCE") of LANDSCAPING
<.A » (collectively hereinafter
as shown on said Exhibit
b) When a planned future improvement is constructed and/or
been effected with STA Iim consent t initiation within
right of way herein described which affects PARTIES' �r a minor revision has
responsibility herein
described herein, PAR" the limits of the S Maintenance's Division of Maintenance's
dated and revised Exhibit which will be made a part hereof
and PARTIES S will agree upon and execute a new
supersede the attached original Exhibit "
part of this
Agreement. The new exhibit can be executed only
become ai11 thereafter
Parties hereto actin b n1Y upon written consent of the
g y and through their authorized representatives. No formal
amendment to this agreement will be required.
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�CCtion
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I I' ' agrees, at CITY expense- to do the f'ollca��1110:
a) CITY mai �zistall, or contract arathcararin{� r
class cat`license in the State tat
Californiatca�install� u d thereafter af`tcr �v.censed contractor iII MAINTAIN
With appropriateappropriatea
(Section 27 ca f' the Streets and I-Iighways Code) LANDSCAPING conforming to
those plans and specifications (PS8-,E) pre-approved by S'I'ATI .
b) CI'T'Y will submit the final form of the PS&I,,, prepared, Stamped and signed by a
licensed landscape architect, for LANDSCAPING
Engineer for review and approval and will obtain hand l~a e inSATE'sl place istrt al'valid
necessary encroachment permit prior to the start of any work within STAT 'S right
otway All proposed LANDSCAPING Must meet S"I'A'l I 's applicable standards.
c) CITY shall ensure that LANDSCAPED areas designated on Exhibit "A1 are
provided with adequate scheduled routine MAINTENANCE E 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 agree
ment prior to the start of any
o t way. work within STTIw's right
e} CITY contractors will be required to obtain an I~:ncroachment Permit prior to the
start of any work Withita S IRA` F.'s right of w,,N,,
I)
To f-urnish electricity for irritation systena controls, lvatcr® and fertiher nccessar
to sustain healthy plant growth in perpetuity.
g) To replace unhealthv or dead plantings when observed within 30 days
aaotified by STATE that plant replacement is required. when
la) To prune shrubs tree plantings, and trees to control extraneou-, -,. , , h
STATE standard lines of` sight to signs and corner sight distances� are al`ays
Maintained for the safety of the public. �a}s
i) To MAINTAIN, repair and operate the irrigation systerns in a manner that prevents
water from flooding or spraying; onto STA'I'D highway, spraying parked and
moving automobiles, spraying pedestrians on public sidewalks/bike paths, or
leaving; Surface water that becomes a hazard to vehicular car pedestrian/bicvclist
travel.
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J) To control weeds at a level acceptable to STATE. An
chemical weed sprays (herbicides) shall comply y Weed control performed by
regulations established by the California Department of Food awith l Laws' rules, and
chemical spray operations shall be reported quarterly and Agriculture. All
to: the District Maintenance at 464 W. (f° LAI 7 to the STATE
Bernardino, CA 92401-1400. 4�n Street E Floor MS 1107
. San.
k) To expeditiously repair any STATE facility damage
LANDSCAPE sign and presence and, activities including,� curing from CITY'S
damaged caused by plants and plant roots and to reimburse I,AIVI)SCAplimited to,
and activities should STATE be required to cure a CITY default.
E presence
1) )I'o remove LANDSCAPING and appurtenances and
to a safe and attractive condition acceptable to STATE in the
restore STATE owned areas
is terminated as set forth herein. event this Agreement
In) To furnish electricity and
y MAINTAIN lighti
lightingsystems ng systeand controls for all street
im ntalled by and for CITY.
n) To inspect LANDSCAPING on a regular monthly or weekly basis t
safe operation and condition of the LANDSCAPING. o ensure the
o) To expeditiously MAINTAIN
, replace, or ve
LANDSCAPING system component that has b cior unsafe from service any
unsightly.
P) To MAINTAIN all sidewalks/bike paths within the AGREEMENT .
STATE highway right of way, limits of the
own on Exhl
MAINTENANCE includes but is not limited ed to concrete repair,
A,alat CITY expense.
to grind or patch vertical variations in elevation of sidewalks/bike
P , replacement and
acceptable walking and riding surface, and the removal of dirt, debris, graffiti,
paths for an
weeds, and any deleterious item or material on or about sidewalks/bike paths LANDSCAPING in an expeditious manner. g ffrte
p s or the
q) TO MAINTAIN all parking or use restrictions signs encompassed wit
the LANDSCAPING. within the area of
r) To allow random inspection. of I,ANUSCAPINCJ, street lig
sidewalks/bike paths and signs by a STATE', representative. htmg systems,
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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 S"TATFI-1.
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Section III
S'T'ATE agrees to do the following:
a) 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.
b) Issue encroachment permits to CITY and CITY contractors at no cost to theist.
Section JN
Leal Relations and Responsibilities
a) nothing in the previsions of this Agreement is intended to create duties or
obligations to or rights in third parties net parties to this Agreement, or affect the
legal liability ofeither PARTY to this Agreement bN 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` STATF as provided by this Agreement,
STATE ATI may either undertake to perform that NIAIi I LINANCIE on behalf ofCI'I`Y
at CII"Ys expense or direct CITY to remove or itself remove LANDSCAPING at
C"'Y's sole= expense and restore STATF F s right of ..=ai to its prior or a safe
operable condition. The CITY hereby agrees to pay said STATE expenses, within
(30) days of receipt of billing by S I A I T: However, prior to , ATE
TE
performing any MAINTENANCE ENANC E or removing LANDSCAPING, STATE wCill.
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 Y'
emp le €e thereof is responsible for any injury,
damage or liability occurring by reason of anything done or emitted 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 I1 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 tinder,
including but not Iimited to, tortious, contractual, inverse condemnation and ether
theories or assertions of liability occurring by reason of anything done or omitted to
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be done by TAT under this Agreement With the exception of these actions of
STAT necessary to cure a noticed default on the part of CITY.
d) Neither STATE 1 E nor any officer or employee thereof is responsible for any injury,
damage or hability 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 employee' 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 ether
theories or assertions of liability occurring by reason of anything done or omitted to
be done by CITY under this Agreement.
e) Prevailin t `vVaoe Reguircrnents� I abor Code Compliance:
if the work performed on this Project is done under contract and falls xvithin the
Labor Code section 1720(a)(1) definition of a "public work" in that it is
construction, alteration, demolition, installation, repair or maintenance CITE' must
conform to the provisions of Labor Code sections 1720 through 1 8 1-5, all applicable
regulations and coverage determinations issued by the Director of Industrial
Relations. CITY agrees to include prevailing kvage requirements in its contracts for
public work. Work performed by CITY's own forces is exempt from the Labor
Code's Prevailing We requirements.
fj PrcNailin�,� tai"ale Requirements in Subeentracts
CITY 1 Y shall require its contractors to include prevailing) wage requirements in all
subcontracts funded by this, Agreement when the work tobe pe��ft.`>rrt?ed by the
subcontractor is a "public work" as defined in Labor Code section 1.720(x)(1).
Subcontracts shall include all prevailing wage requirements set forth in C'ITY's
contracts.
g) 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
in liability and property damage liability, naming the State of California, its
officers, agents and employees as the additional insured in an amount of S1 million
per person and S2 million in aggiegate, Coverage shall be evidenced by a
certificate of Insurance in a form satisfactory to Department that shall be delil"cred
to Department with a signed copy ofthis Aoreement.
h) Termination
i-e1a—lion
This Agreement may be terminated by timely mutual written consent by the
PARTIE-S, and CITY's failure to comply with the pro\'isions of' this Agreement
will be grounds for a Notice of-Fermination by STATE"
i) Term of Ag( eement
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 anv time
upon mutual consent of the parties or until terminated by STATF,.' for cause.I
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 W-ITNESS WHEREOF, the parties hereto have set their hands and scats the day and
near first above written.
Tl IE CYFY 014 RI DL STATF-1 OF CA L 111 0 RN I i\
1)EPA RTIVI ENT OI"
TRANSPORTATION
Al
WILL KENIPTON
�CiTy mqoiwlcr Director of Transportation
Attest:
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ffi Bv:
Cit- rlerkDeputy District Dire tor
Mainteriance
By:
By:
:iy�AXftorney **Attorney
Department of. Transportation
"Approval h,r ST-4 TES Allorne,ir,is nor required unless changes are made to lhfinw
is. ?. i17 which c!cjse, the
submilled to and approvalbY STA TE'S,Ptorne.v as ifs-Ifiwin and
p,ocedzires.
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G�v WReallana�
1\1unicipol Uti4ies onJ C—ngineering Deportment ;' a
December 5, 2008
Department of Transportation
District 8, Maintenance Engineering
Carelia Arora, Encroachment Permits
464 W. 4"' Street, MS 619
San Bernardino, CA 92401-1400
Permit No. 08-08-6MC-0337 - Landscape Maintenance Agreement for California
Street at Interstate Highway 10 (CRA No. 826)
Enclosed are six originals of the signed Landscape Maintenance Agreement executed
on December 3, 2008 for California Street between interstate Highway 10 and Orange
Tree Lane in the City of Redlands.
Cross Streets 1-10 Post Mile _Length on California Street
Orange Tree Lane 28.2 255 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(a-cityofredlands orq.
TOM T. FUJIWJP.E.
Assistant City E gin
FILE: CRA NO.828
"Preserving the Past, Protecting the Future'
P.O. Box 3005 • REDLANDS, CA 92373 • www.cixedlands.ca.us
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EXHIBIT "A"
LANDSCAPE MAINTENANCE AGREEMENT
PERMIT NO, 08-08-6-MC-0337 i4
ORANG TREE PLAZA
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EXHIBIT"A"-CALTRAN AREA al('—N T(RE
1-10 POST MILE 28,2CITY oI aNr3' nFiT /
REDLANDS,CA[.fFORNfA C)VAt.
SIGNATURE'
C:ALTRAN SS APP}RC>':AK DA PE