HomeMy WebLinkAboutContracts & Agreements_195-18FIRST AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT
This first amendment ("First Amendment") to the landscape maintenance agreement within
state highway right-of-way on route I-10 within the city of Redlands in the county of San
Bernardino dated March 1 2016, (the Agreement"), by and between the City of Redlands, a
municipal corporation ("City") and State of California, Department of Transportation ("State") is
made and entered into this 16th day of October, 2018.
RECITALS
WHEREAS, it is the desire of City and State to amend their existing Agreement,
specifically to amend Exhibit A to include a new exhibit.
NOW THEREFORE, City and State hereby agree to amend the Agreement as follows:
AGREEMENT
Section 1. Exhibit A to the Agreement is hereby amended as shown as revised
Attachment A to this Amendment which attached hereto and incorporated herein by reference.
Section 2. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF the parties have executed this First Amendment to be effective
as of this 16th day of October, 2018.
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CITY OF REDLANDS
aul W Foster, Mayor
AT1EST
ejae Donaldson, City Clerk
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STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By.
Michael Flores, Maintenance Liaison
REDLANDS ENTRY LANDSCAPE BEAUTIFICATION PROJECT
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PROJECT No. 41055
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Landscape Maintenance Agreement within State Highway
Right of Way of Way on Route 1-10
Between the City of Redlands and Caltrans
Effective March 1, 2016
March 1, 2016
City of Redlands Entry Landscape Beautification Project
LANDSCAPE MAINTENANCE AGREEMENT ()PIP , n, r
WITHIN STATE HIGHWAY RIGHT OF WAY V G
ON ROUTE 1-10 WITHIN THF
CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO
THIS AGREEMENT is made effective this 151 day of March, 2016, by and between the State of
California, acting by and through the Department of Transportation, hereinafter referred to as
`STATE' and the CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO
hereinafter referred to as `CITY' and collectively referred to as `PARTIES'
SECTION I
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 dated March 1,
2016, Permit Number(s) 08 -16 -N -LF -0056.
2. This Agreement addresses CITY OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO's responsibility for the LANDSCAPING, SITE FURNISHINGS, and
IRRIGATION (collectively the `LANDSCAPING, SITE FURNISHINGS and
IRRIGATION") placed within State Highway right of way on State Route I-10, as shown
on Exhibit A, attached to and made a part of this Agreement.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1 In consideration of the mutual covenants and promises herein contained, CITY OF
REDLANDS IN THE COUNTY OF SAN BERNARDINO and STATE agree as follows:
1.1. 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.
1.2. 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
responsibility as described herein, PARTIES will agree upon and execute a new
dated and revised Exhibit A 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.
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March 1, 2016
City of Redlands Entry Landscape Beautification Project
2. CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO agrees, at City of
Redlands expense, to do the following:
2.1. CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO may install, or
contract, authorizing a licensed contractor with appropriate class of license in the
State of California, to install and thereafter will MAINTAIN LANDSCAPING SITE
FURNISHINGS, and IRRIGATION conforming to those plans and specifications
(PS&E) pre -approved by STATE.
2.2. The degree or extent of maintenance work to be performed, and the standards
therefore, shall be in accordance with the provisions of Section 27 of the Streets and
Highways Code and the then current edition of the State Maintenance Manual.
23. CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO will submit the
final form of the PS&E, prepared, stamped and signed by a licensed landscape
architect, for LANDSCAPING, SITE FURNISHINGS, and IRRGATION 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, SITE FURNISHINGS and
IRRIGATION must meet STATE's applicable standards.
2.4. CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO shall ensure
that LANDSCAPED areas designated on Exhibit A are provided with adequate
scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive
appearance.
2.5. 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
2.6. -CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO contractors
will be required to obtain an Encroachment Permit prior to the start of any work
within STATE' s right of way
2.7 To furnish electricity for irrigation system controls, water, and fertilizer necessary to
sustain healthy plant growth during the entire life of this Agreement.
2.8. To replace unhealthy or dead plantings when observed or within 30 days when
notified in writing by STATE that plant replacement is required.
2.9 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.
2.10. To MAINTAIN, repair and operate the irrigation systems in a manner that
prevents water from flooding or spraying onto STATE highway, spraying parked and
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March 1, 2016
City of Redlands Entry Landscape Beautification Project
moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving
surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.
2.11 To control weeds at a level acceptable to the STATE. Any weed control
perforated 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 LA17) to the
STATE to: District Maintenance at 464 W 4th Street, San Bernardino, CA 92401
1400,
2.12. To remove LANDSCAPING, SITE FURNISHINGS, and IRRIGATION 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.
2.13 To furnish electricity and MAINTAIN lighting system and controls for all street
lighting systems installed by and for CITY OF REDLANDS IN THE COUNTY OF
SAN BERNARDINO.
2.14 To inspect LANDSCAPING, SITE FURNISHINGS, and IRRIGATION on a
regular monthly or weekly basis to ensure the safe operation and condition of the
LANDSCAPING, SITE FURNISHINGS, and IRRIGATION.
2.15. To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING, SITE FURNISHINGS, and IRRIGATION system component that
has become unsafe or unsightly
2.16. To MAINTAIN all sidewalks/bike paths within the Agreement limits of the
STATE highway right of way as shown on Exhibit A, at CITY OF REDLANDS IN
THE COUNTY OF SAN BERNARDINO 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, SITE FURNISHINGS and
IRRIGATION in an expeditious manner.
2.17 To MAINTAIN all parking or use restrictions signs encompassed within the area
of the LANDSCAPING.
2.18. To allow random inspection of LANDSCAPING, SITE FURNISHINGS and
IRRIGATION street lighting systems, sidewalks/bike paths and signs by a STATE
representative.
2.19. To keep the entire landscaped area policed and free of litter and deleterious
material.
2.20. All work by or on behalf of CITY OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO will be done at no cost to STATE.
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March 1, 2016
City of Redlands Entry Landscape Beautification Project
3. STATE agrees to do the following:
3 1. May provide CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO
with timely written notice of unsatisfactory conditions that require correction by the
CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO However, the
non -receipt of notice does not excuse CITY OF REDLANDS IN THE COUNTY OF
SAN BERNARDINO from maintenance responsibilities assumed under this
Agreement.
3.2. Issue encroachment permits to CITY OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO and CITY OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO contractors at no cost to them.
4 LEGAL RELATIONS AND RESPONSIBILITIES:
4.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not party 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 OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO facilities different from the standard of care imposed by law
4.2. If during the term of this Agreement, CITY OF REDLANDS IN THE COUNTY OF
SAN BERNARDINO should cease to MAINTAIN the LANDSCAPING, SITE
FURNISHINGS, and IRRIGATION to the satisfaction of STATE as provided by
this Agreement, STATE may either undertake to perform that MAINTENANCE on
behalf of CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO at
CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO's expense or
direct CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO to
remove or itself remove LANDSCAPING, SITE FURNISHINGS, and
IRRIGATION at CITY OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO's sole expense and restore STATE's right of way to its prior or a
safe operable condition. CITY OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO 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, SITE FURNISHINGS, and
IRRIGATION, STATE will provide written notice to CITY OF REDLANDS 114
THE COUNTY OF SAN BERNARDINO to cure the default and CITY OF
REDLANDS IN THE COUNTY OF SAN BERNARDINO will have thirty (30) days
within which to affect that cure.
4.3. Neither CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO 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 OF REDLANDS IN THE COUNTY OF SAN BERNARDINO and
all of its officers and employees from all claims, suits or actions of every name, kind
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March 1, 20I6
City of Redlands Entry Landscape Beautification Project
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 OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO.
4.4. 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 OF REDLANDS IN THE COUNTY OF SAN BERNARDINO under or in
connection with any work, authority or jurisdiction arising under this Agreement. It
is understood and agreed that CITY OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO 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 OF REDLANDS IN THE
COUNTY OF SAN BERNARDINO under this Agreement.
5. PREVAILING WAGES:
5.1 Labor Code Compliance- If the work performed on this Project is done under
contract and falls within the Labor Code section 1720(a)(1) definition of a 'public
work' in that it is construction, alteration, demolition, installation, or repair; or
maintenance work under Labor Code section 1771. CITY OF REDLANDS IN THE
COUNTY OF SAN BERNARDINO must conform to the provisions of Labor Code
sections 1720 through 1815, and all applicable provisions of California Code of
Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1 7 CITY OF
REDLANDS IN THE COUNTY OF SAN BERNARDINO agrees to include
prevailing wage requirements in its contracts for public work. Work performed by
CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO'S own forces
is exempt from the Labor Code's Prevailing Wage requirements.
52 Requirements in Subcontracts CITY OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO shall require its contractors to include prevailing wage requirements
in all subcontracts funded by this Agreement when the work to be performed by the
subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and
Labor Code Section 1771. Subcontracts shall include all prevailing wage
requirements set forth in CITY OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO's contracts
6. INSURANCE
6.1 SELF-INSURED CITY OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO is self-insured. CITY OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO agrees to deliver evidence of self-insured coverage providing
general liability insurance, coverage of bodily injury liability and property damage
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March 1, 2016
City of Redlands Entry Landscape Beautification Project
liability naming the STATE, its officers, agents and employees as the additional
insured in an amount of $1 million per occurrence and $2 million in aggregate and
$5 million in excess. Coverage shall be evidenced by a certificate of insurance in a
form satisfactory to the STATE that shall be delivered to the STATE with a signed
copy of this Agreement in a form satisfactory to STATE, along with a signed copy
of the Agreement.
6.2 SELF-INSURED using Contractor If the work performed on this Project is done
under contract CITY OF REDLANDS 114 THE COUNTY OF SAN BERNARDINO
shall require its contractors to 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, its officers, agents and employees as
the additional insured in an amount of $1 million per occurrence and $2 million in
aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of
insurance in a form satisfactory to the STATE that shall be delivered to the STATE
with a signed copy of this Agreement.
7 TERMINATION This Agreement may be terminated by timely mutual written consent
by PARTIES, and CITY OF REDLANDS IN THE COUNTY OF SAN
BERNARDINO's failure to comply with the provisions of this Agreement may be
grounds for a Notice of Termination by STATE.
8. 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.
PARTIES are empowered by Streets 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 ail the necessary legal
requirements to validly execute this Agreement.
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March 1, 2016
City of Redlands Entry Landscape Beautification Project
IN WITNESS WHEREOF the PARTIES hereto have set their hands and seals the day and year
first above written.
THE CITY OF REDLANDS
By6.
Mayor
Paul Foster
ATTEST
By
City of edlhnds Clerk
Sam Irwin
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
MALCOLM DOUGHERTY
Director of Transportation
By ..e
Deputy District Director
Maintenance District
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EXHIBIT A
REDLANDS ENTRY LANDSCAPE BEAUTIFICATION PROJECT
1-10 FREEWAY MAINTENANCE AGREEMENT AREA
BETWEEN EUREKA STREET AND 6TH STREET
FOR
CITY OF REDLANDS
PROJECT No. 41055
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