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HomeMy WebLinkAboutSTATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION - CALTRANS (5)Return ORIGINAL Executed Copy to COTC (M-30/T11) N-2020-034 LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 5 WITHIN THE CITY OF SANTA ANA THIS AGREEMENT is made effective this day of 20, by and between the State of California; -acting by and through the Department:ofTransportation, hereinafter referred to as "STATE" and the CITY of SANTA ANA; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION I RECITALS 1. 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(s) 2. This Agreement addresses CITY responsibilities which can -include but are not limited to wrought iron fencing and wrought iron -gate (collectively the "LANDSCAPING") placed within State Highway right of way on State Route 5, 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. Inconsideration 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 repair, replacement, and maintenance, (collectively hereinafter "MAINTAIN/MAMTENANCE") 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. 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 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 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 LA17) to the STATE to: Department of Transportation District 12, Maintenance Maintenance Manager 1750 East Fourth Street, Suite 100 Santa Ana, CA 92705 2.8. 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. 2.9. To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING. 2.10. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly. 2.11. 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, debris, graffiti, weeds, and any deleterious item or material on or about sidewalks/bike paths or the LANDSCAPING in an expeditious manner. 2.12. To MAINTAIN all parking or use restrictions signs e fcompassed within the area of the LANDSCAPING. t 2.13. To allow random inspection of LANDSCAPING, street lighting systems, sidewalks/bike paths and signs by a STATE representative. 2.14. To keep the entire landscaped area policed and free of litter and deleterious material. 2.15. 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 the 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 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 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 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 written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cline. 4.3. Neither CITY 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 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 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. 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 Proj ect 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 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— 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 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.. 6.1. 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 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. 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 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. N-2020-034 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 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 year first above written. THE CITY OF SANTA ANA Initiated and Approved By: City Manager ATTEST: S B �I City Clerk By. /►�. sistant City Attorney STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TOKS OMISHAKIN Director of Transportation Monica Kress -Wooster Acting Deputy District Director Operations and Maintenance District 12 > XHIBIT "A" (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities) \ \\\ \\\\ \ \ \ \ \ \ \ \ 2s WROUGHT TERIG FENCE TO AREAS WITHINMAINTAINED NED B T WAY .y` TO BE MAINTAINED BY THE CITY WITH RELATED 0 002-203-35 APPURTENANCES. \ \ \ \ \ \ \ \ `9% I 002-203-24 0` \ \ \ \ \ ;P\\ 002-20333 \ \ \ 9 \ \ \ \ \ `` ooz-leo-si I \ \ \ \ \ 00243759 \ \ \ \ \ I \ \ \ FFk WROUGHT! FENCE AREAS WITHIN STATE RIGHT OF WAY \ \ \ \ is \ \ \ \ \ TO RE MAINTAINED THE CITY WITH RELLATED \ \ APPURTENANCES. SANTIAGO CREEK \ \02-180-37 002-131-02 002-131-03 ��/9._\ \ \ 002-131-07 \ \ \ \ \ LEGEND 9 \ \ \ \ I \ \ \ ® WROUGHT WTHINTATFENCE AREAS E RIGHT OF WAY . TO BE MAINTAINED BY THE CITY WITH REI TEC 002-131-59 \ \ \ \ I \ \ \ \ J APPURTENANCES. N M M Cr) N N ]"(o n/ �Cq 002-131-51 \ \ \ I I \ \ \ \ RIVERSIDEA DR EXHIBIT A MAINTENANCE AREAS INTERSTATE ROUTE 5 CITY OF SANTA ANA PAGE 1 OF 1 Fence Location T ....-. �.. _ . Mainplace Dr E3 AM 1 . j NP — i- 2 - pp ♦ " all s s� �• (Approximately 35 Linear Feet) Fence Alignment r • 6 ♦ 00 O ID rn 4 + t (Approximately = 79 Linear Feet) I EN NS 5 FWY UNDERCROSSING AND I 9i'4° A LOCK OUTLINE FRONT VIEW HASP DETAIL i" PINCH -SPEAR - TOP PICKETS PI 3/8" Dig ROD ry a n CANE BOLT n POST FOOTING---' Mrn ELEVATION 6' WROUGHT IRON GATE REVISIONS 8 -y WELDED HINGE TS 2" Sq GATE FRAME 546" WALL THICKNESS 1" PINCH -SPEAR - TOP PICKETS I � I EG TS 4" Sq POST' YG" WALL THICKNESS, WITH PYRAMID END CAP (TYP OF 2) I.. Sq PICKET WITH 14 Go WALL THICKNESS SECURITY EDGE CONTINUOUS UNDER GATE r 4 NQ aanenwev uATnFarnaealnTn ',.,..<°....,... ' II c III" IIIIIY I'Ilit-t ' IIIII IIIIII CONCRETE SECURITY EDGE in MI POST FOOTING SIDE ELEVATION WROUGHT IRON FENCE REFERENCES 1" PINCH -SPEAR - TOP PICKETS TS 2" Sq WITH %" WALL THICKNESS FENCE RAILS 1H Sq PICKET WITH 14 Go WALL THICKNESS TS 3" Sq POST, 3%" WALL THICKNESS, WITH PYRAMID END CAP (TYP) 10. MIR GENERAL NOTES I. INIEHAL EXPLL fiE XEV. t. 11E I. HE. 'HE NXT Il PPPEIRI GIA11.6XPLL lNIff1C"�1IIY OF EMIRIINN�THMIZEN flEFflESEX1P11 YE IT CONSTRUCIIM NOTES z Q %"M Vl PM INEIKL VRVAMI Ifl61 FENLE PER DETAIL HEREIN. Q FIIRNI6H PNfl IXEIttL YR= OR OPTEISI I£R RETAIL HEREIN. ® runDiDI = INEIRL X N.a I. EI LN 118.. I. QI F..IAI M9 IN91KL EA'%E' IEPYY .11 PNCXM LVLI . YPI.. LL C z i C C Ci POST Cc z C z 4" ALL SIDES, Typ 4 4, iD ' OG 12' 14 REBAR (Ty P) R 4.�n Co418E 0/C Z C POST FOOTING - (SHOWN DASHED FOR CLARITY) SECTION 5 CONCRETE SECURITY EDGE Underground Service Alert Y M 6ORKINliG .T w TWO WORKING DAYS I�(q\7`PR/7J� NNew Nnrr, N.'t BEFORE YOU DIG Call W.m"yNN aie. NOTICE TO CONTRACTOR �nNVNA"Y 8 PII95N4NF TO ASSEAtlLY BILL 4216 NO EXCAVA "G" PERMIT a IS VA410 f rSS ZNE CONZRACDED CGNFACT5 AND OOIAINS A DIG ALERF TICKET ~ER. CALL 611 AT LEAST IM MNNLNO DAYS PRIM TO COMMENCING EXCAVATION. it IXl OFI ,,ORTE .,,,,,,, �'_ � WRWC#i PION FENCING FLAN PUBLIC WORKS CITY OF SANT rw 0 s < $ R y �Sj \\ 5(§ u e oo P ®. \a— 5 �( uo+ e (_ 0< / $Cl) LLI \ � / ± § § § E2 a § 2 § � IAK6AD-l«mIIIIII } ammNm+e IL •w K AN \ @am � a«, \c ° 2 $ o .. \ § . ame \ Ammo w #a LU y ®* § my _ 2 _ CNN q ae _ § 1 § § ■ \ ui b § EXHIBIT `B" TRAFFIC SIGNAL AND LIGHTING Caltans and CITY of Effective 20 BASIS OF COST DISTRIBUTION State -Owned and Maintained Billed by the State Route and PM Location T e of Facility Cost Distribution State CITY Utility -Owned and Maintained Billed by the State Route and PM Location Type of Facility Cost Distribution State CITY EXHIBIT "C" (Individual maintenance items that are not provided for in the body of the Agreement.)