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HomeMy WebLinkAboutContracts & Agreements_217-2019LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 38 WITHIN THE CITY OF REDLANDS THIS AGREEMENT is made effective this 5th day of November, 2019 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, hereinaftei referred to as "CITY and collectively referred to as "PARTIES SECTION I RECITALS 1 PARTIES desire to work together to allocate then respective obligations relative to newly constructed of revised improvements within STATE's right of way by Permit Number 08- 18-6-MC-1 163 2 This Agreement addresses CITY responsibility fot the Landscape and Irrigation (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 NOW THEREFORE, IT IS AGREED AS FOLLOWS SECTION 11 AGREEMENT l In consideration of the mutual covenants and promises herein contained, CITY 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 repau, replacement, and maintenance, (collectively hereinaftei "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 of 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 then authorized representatives No formal amendment to this Agreement will be required ORIGINAL 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 of 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 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 Engineei for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any woik 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 iequired foi any changes to the scope of work allowed by this Agreement prioi to the start of any work within STATE's tight of way 2 6 CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE s light of way 2 7 To furnish electricity for irrigation system controls, water, and fertilizes 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 standaid 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 mannei that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, os leaving surface water that becomes a hazard to vehiculai or pedestrian/bicyclist travel 2 11 To control weeds at a level acceptable to the 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 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 system and controls for all street lighting systems installed by and for CITY 2 14 To inspect LANDSCAPING on a regular monthly of weekly basis to ensure the safe operation and condition of the LANDSCAPING and IRRIGATION 215 To expeditiously MAINTAIN, replace, repan or remove from service any LANDSCAPING 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 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, debits, graffiti, weeds, and any deleterious item or material on or about sidewalks/bike paths of the LANDSCAPING in an expeditious manner 2 17 To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING 218 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 of 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 the CITY However, the non -receipt of notice does not excuse CITY from maintenance responsibilities assumed undei 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 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 unposed by law 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 opetable condition CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE However. pi tar to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide wiitten notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure 4 3 Neithet CITY not any office' of employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under of 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, contactual. 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 4 4 Neithet 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 wotk, 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 of 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 Laboi Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, Installation, or repair, or maintenance work under Laboi 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, Chaptet 8, Subchapter 3, Articles 1-7 CITY agrees 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 Laboi 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 CITY agrees to deliver evidence of self - insured coverage providing general liability insurance, coverage of bodily injury liability and property damage Lability, 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 Contractoi - If the woik 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 the STATE, its officers, agents and employees as the additional insured in an amount of $1 million pei 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's failure to comply with the provisions of this Agreement may be grounds foi 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 of until terminated by STATE for cause PARTIES are empowered by Streets and Highways Code Section 114 & 130 to entei 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 yeas first above written THE CITY OF REDLANDS STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Paul Fostei. Mayoi Inmated and .proved ATTEST By TOKS OMISHAKIN Director of Transportation By cConnell Assistant City Managei atagihi ne Donaldson, City Cleik ST-PHEN R PUSEY Deputy District Directoi Maintenance SBd-38 LUGONIA AVENUE AND LINCOLN AVENUE PN 08-18-6MC-1163 BEGIN WORK STA 16+52 Li �= 1 G RW ORIMi U! u W END WORK STA 26+54 L SBd-38 (LUGONIA AVENUE) 5 12"W 31 S LANDSCAPED PARKWAY AND SIDEWALK TO BE MAINTAINED BY THE CITY OF REDLANDS CALTRANS RIGHT OF WAY G S 13 r G MIN NORTH EXHIBIT A LANDSCAPE MAINTENANCE AGREEMENT EXECUTED ENCROACHMENT PERMIT NO 08-18-6MC-116 SIGNATURE SIGNATURE CITY OF I EDL DS DATE DATE MARCH 18, 2019 12% 1zr2,3f19 CALTRANS APPROVAL DATE SCALE NOT TO SCALE SHEET 1 OF 1