HomeMy WebLinkAboutContracts & Agreements_4-2021LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY
RIGHT-OF-WAY ON ROUTE I-10 WITHIN THE CITY OF REDLANDS
THIS AGREEMENT ("AGREEMENT") is made effective this 19th day of January,
2021, 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, hereinafter referred
to as "CITY." STATE and CITY are sometimes individually referred to herein as a "PARTY" and,
together, as the PARTIES."
SECTION I
RECITALS
A 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
Number EP 08-20-6-LF-0308.
R This Agreement addresses CITY's responsibility for the Landscape and Irrigation
(collectively, the "LANDSCAPING") 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 BY STATE AND CITY AS FOLLOWS:
SECTION II
AGREEMENT
1. In consideration of the mutual covenants and promises herein contained, CITY and STATE
agree as follows:
1.1. 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 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 STATE's right-of-
way herein described which affects the PARTIES' division of maintenance
responsibility as described herein, the 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 acting by and through their authorized representatives. No formal
amendment to this AGREEMENT will be required.
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2. CITY agrees, at CITY expense, to do the following:
2.1. 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,
LANDSCAPING 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 California
Streets and Highways Code, and the then current edition of the State Maintenance
Manual.
2.3. 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.
2.4. 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.
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 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 thirty (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 corner 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 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 STATE. Any weed control performed by
chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations
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established by the California Department of Food and Agriculture. All chemical spray
operations shall be reported quarterly (Form LA17) to STATE to: District
Maintenance at 464 W. 4th Street, San Bernardino, CA 92401-1400
2.12. 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.
2.13. To furnish electricity and MAINTAIN lighting systems and controls for all street
lighting systems installed by and for CITY.
2.14. To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the safe
operation and condition of the LANDSCAPING and IRRIGATION.
2.15. To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING system component that has become unsafe or unsightly.
2.16. To MAINTAIN all sidewalks/bike paths within this AGREEMENT's 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.
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, 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 will be done at no cost to STATE.
3. STATE agrees to do the following:
3.1. May provide CITY with timely written notice of unsatisfactory conditions that require
correction by CITY. However, the non -receipt of notice does not excuse CITY from
maintenance responsibilities assumed under this AGREEMENT.
3.2. Issue encroachment permits to CITY and CITY 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
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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 facilities different from the standard of care imposed bylaw.
4.2. 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. 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 thirty (30)
days prior written notice to CITY to cure the default, and CITY will have thirty (30)
days after CITY's receipt of such notice, within which to effect that cure.
4.3. Neither CITY, nor any elected or appointed officials, officer, or employee, thereof is,
or shall be deemed 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 elected and appointed officials, officers, and employees from any and all claims,
suits, damages, 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 specific
actions of STATE necessary to cure a noticed default on the part of CITY.
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 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.
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 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 agrees
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to include prevailing wage requirements in its contracts for public work. Work
performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage
requirements.
5.2. Requirements in Subcontracts CITY 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's contracts
6. INSURANCE.
6.1. Self -Insured CITY is self -insured, and CITY agrees to deliver evidence of self -
insured coverage providing general liability insurance, coverage of bodily injury
liability and property damage liability, naming STATE, and 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 STATE that shall be delivered to
STATE with a signed copy of this AGREEMENT in a form satisfactory to STATE,
along with a signed copy of this AGREEMENT.
6.2. Self -Insured using Contractor If the work performed on this Project is done under
contract, CITY 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 STATE, and 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 STATE that shall be delivered
to STATE with a signed copy of this AGREEMENT.
7. TERMINATION. This AGREEMENT may be terminated by timely mutual written
consent of the PARTIES, and CITY's or STATE's failure to comply with the provisions of
this AGREEMENT may be grounds for a Notice of Termination to be issued by STATE or
CITY.
8. TERM OF AGREEMENT. This AGREEMENT shall become effective on December 1,
2020, 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 or CITY for cause.
The PARTIES are empowered by California Streets and Highways Code Sections 114 and 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 covenant to have followed all the
necessary legal requirements to validly execute this AGREEMENT.
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IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year
first above Written.
THE CITY OF REDLANDS
By: 0%0:�u'
Paul W. Foster, Mayor
Initiated and Approved
By.
Charles M. Duggan Jr., eiry Ma alter
ATTEST:
By:
nne Donaldson, City CIerk
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
TOKS OMISHAKIN
Director of Transportation
By: 4.
Jim . Rogers
Deputy District Director
Maintenance
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