HomeMy WebLinkAbout25V - LANDSCAPE MAINTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY ?, 2008
TITLE
AGREEMENT FOR LANDSCAPE
MAINTENANCE WITHIN THE STATE
HIGHWAY RIGHT-OF-WAY ON SR-22
WITHIN THE CITY OF SANTA ANA
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the
attached maintenance agreement with Caltrans subject to non-substantive
changes approved by the City Manager and City Attorney to maintain
landscaped areas within the State right-of-way on SR-22 within the City
of Santa Ana.
DISCUSSION
The La Veta Interchange at SR-22 has been landscaped with a Historic
Agriculture/Orchard theme planting to provide corridor continuity for the
entire SR-22 Freeway. The landscaping improvements were negotiated with
Caltrans in exchange for parking improvements at the lst Street parking
lot at I-5. This was necessary in order to have the landscaping
installed as part of the SR-22 Widening project and to provide Caltrans
sufficient parking to support their court referral program. Additionally,
the agreement requires that the City:
1. Accept maintenance responsibilities for the landscaping at the La Veta
Interchange after a three year plant establishment period.
2. Participate financially with the development cost of the First Street
parking lot with Caltrans, up to a maximum $100,000. The total cost of
the project is projected to be $230,000. Caltrans has committed to
paying the additional $130,000.
3. Accept maintenance responsibilities for the perimeter landscaping at
the First Street parking lot.
4. Agree that Caltrans can use a portion of the landscape area in the La
Veta Interchange loop to accommodate parking for the court referral
25V-1
Agreement For Landscape Maintenance
July 7, 2008
Page 2
program, in the event that the First Street parking lot is no longer
available for use by the program.
This agreement simply clarifies the roles and responsibility of both
parties and is similar to the agreement we have at Gateway entry points
into the City.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The annual landscape maintenance costs for the La Veta Interchange are
projected to be $112,000 each year. Maintenance responsibilities are
expected to begin in February 2011. Funds to provide the maintenance
services will be included in the FY 2010/2011 budget.
The City's contribution to construction of the First Street parking lot
will be a maximum of $100,000. The annual landscape maintenance costs
for the First Street parking lot are projected to be $31,500 each year.
Maintenance responsibilities are expected to begin in fiscal year
2009/10. Funds to provide the maintenance services will be included in
the 2009/2010 budget. Agreements to approve the construction and
maintenance agreement for this project will be submitted pursuant to a
separate agreement for Council approval.
.-°~`
1 ~
1 ...
ames G. Ross
Executive Director
Public Works Agency
25V-2
AGREEMENT' FOR LANDSCAPE MAINTENANCE
WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE 22 WITHIN TI-IE CITY OF SANTA ANA
THIS AGREEMENT is made and executed .effective this 30 ~ day of
2008, by and between the State of California, acting
through i s Department of Transportation, hereinafter referred to as "STATE," and
the City of Santa Ana, a charter city and municipal corporation hereinafter referred
to as "CITY," together referred to as "PARTIES".
This AGREEMENT is necessitated as the result of CITY's proposal to ttse the
north side of Route 22 at the La Veta interchange (AREA 1, AREA 2 and AREA 3
referred as LOCATION) for a landscaping project at Post mile 10.0-10.5, as
depicted on attached Exhibit "A"(Layout Sheet, Planting Sheets HP-59, HP-60 anti
HP_61}. This LOCATION was used for staging and parking area for the Court
Referral Program Workers (Special People Program, SPP). The purpose of this
Agreement is also to document that as the owner of this LOCATION, STATE,
reserves the right to restore this LOCATION, if necessary, in future for STATE's
exclusive uses, including but not limited to, future construction related materials
storage, construction of othet• facilities and staging area for the Special People
Program when needed over the long term and in compliance with Section III,
Article e of this Agreement. Under these circumstances, CITY will be held
responsible to restore this LOCATION to the condition that is acceptable by
STATE at the CITY's sole cost.
RECITALS:
WITNESSETH
1. PARTIES desire to work together to allocate their respective obligations
relative to newly constructed or revised improvement within STATE's right
of way (Cooperative Agreement, District No. 12-456) which was executed on
Novembez• 18, 2002 between STATE and OCTA.
2. This Agreement addresses CITY's responsibilities that include, but are not
limited to, landscaping, planting, irz•igation systems, litter and weed
removal, Biofiltration Swales, Linear Radial Gross Solid Removal Devices,
sidewalks, bike paths, and packing zestriction signs (collectively the
"LANDSCAPING") placed within State Highway right of way on State
Route 22, as shown on Exhibit A, attached hereto and incorporated herein as
a part of this Agreement.
3. In consideration of the mutual covenants and promises herein contained,
CITY agzees to be solely zesponsible for the maintenance zesponsibilitics.
Those include, but are not limited to, inspection, providing emergency repair,
replacement, & maintenance, (collectively hereinafter "MAINTENANCE")
of LANDSCAPING as shown on said Exhibit "A."
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25V-3
4. When a planned fnturc improvement is constructed and/or a minor revision
has been effected with STATE'S consent ot• initiation within the limits of
the STATE'S right of way herein described which affects PARTIES'
division of maintenance t•esponsibility as described herein, PARTIES will
agree upon and provide a new dated and revised Exhibit, "A" which will be
made a pat•t hereof by an amendment to this Agreement when executed and
will thereafter supersede the attached original Exhibit "A" to thereafter
become a part of this Agreement.
Section I
CITY agrees, at CITY'S expense, to do the following:
a) For future improvements, CITY may install, or contract authorizing a licensed
contt•actor with appropriate class of license in the State of California, to install
and thereafter will MAINTAIN (section 27 of the Streets and Highways Code)
LANDSCAPING conforming to those plans and specifications (P&S} pre-
appr•oved by STATE.
b) CITY will follow the final form of the P&S, 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.
c) 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.
d) CITY will sribmit none-time encroachment permit application for routine
CITY MAINTENANCE functions as required by this AGREEMENT.
Individual encroachment permits shall be obtained for any substantive repair
activities anti changes to the scope of work allowed by this Agreement prior to
the start of any work within STATE'S right of way.
e) CITY contractors will also obtain encroachment permits prior to the start
of any work within STATE'S right of way.
#} To furnish electricity for irrigation system controls, water, and fertilizer
necessary to sustain healthy plant growth in perpetuity.
g) To replace unhealthy or dead plantings when observed within 30 days when
notified by STATE that plant replacement is rcgttir•ed.
h} 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. A separate Encroachment
Permit may be required.
Zsv-~
i) "I'o 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.
j) 'I'o control weeds at a level acceptable to STATE. Any weed conttol
pet•formed by chemical weed spt•ays (het•bieides) 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, Report of Chemical Spray Operation) to STATE to Landscape
Specialist in the Region Oflice at 1808 Batavia Street, Orange, CA 92865.
k) To expeditiously repair any STATE facility damage ensuing from CITY'S
LANDSCAPE sign and presence and activities, including, but not limited to,
damage caused by plants and plant roots and to teimbutse STATE fot• its costs
to repair STATE facility damage ensuing from CITY'S LANDSCAPE
presence and activities should STATE be requited to cure a CITY default.
1) To remove LANDSCAPING and appurtenances and restore STATE owned
areas to a safe and attt•active condition acceptable to STATE in the event this
Agteement is terminated as set Earth het•ein.
m) To furnish electricity and MAINTAIN Lighting system and controls for all
stt•eet lighting systems installed by and fot• CITY.
n) To inspect LANDSCAPING on a regttlat• monthly or weekly basis to ensure
the safe operation and condition of the LANDSCAPING.
o) To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING system component that has become unsafe or unsightly.
p} 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 repait•, 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.
q) To MAINTAIN all packing or use restrictions signs encompassed within the
area of the LANDSCAPING.
r) To allow t•andotn inspection of LANDSCAPING, street lighting systems,
sidewalks/bike paths and signs by a STATE representative.
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25V-5
s) To keep the entire landscaped area policed and free of litter and deleterious
material.
t) All work by or an behalf of CITY will be done at no cost to STATE.
Section II
STATE agrees to do the following:
a} Provide CITY with timely written notice of unsatisfactory conditions that
z•equire correction by CITY.
b) Issue encroachment pezmits to CITY and CITY contractors at no cost to them.
Section III
Le~ai Relations and Responsibilities
a) Nothing in the provisions of this Agreement is intended to create duties or
obligations to oz• rights in third patties not paz•ties to this Agreement, or affect
the legal liability of either PARTY to this Agreement by imposing any
standard of care respecting the design, constz•uction and MAINTENANCE of
these STATE highway improvements or CITY facilities different from the
standard of care imposed bylaw.
b) If during the term of this Agreement, CITY should cease to MAINTAIN the
LANDSCAPING to the satisfaction of STATE as pzovided by this
Agreement, STATE shall direct CITY to remove oz• itself remove
LANDSCAPING at CITY's sole expense and restate STATE's right of way
to its prior of a safe operable condition. The 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 pzovide written notice to CITY to cure the
default and CITY will have thirty (30) days within which to affect that cure.
c) Neither CITY nor any ofhcer 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 hazmless the CITY and all of
its officez•s and employees from all claims, suits or actions of evezy name,
kind and description brought foz•th under, including, but not limited to,
tortious, contz•actuaI, invez•se condemnation and othez• theories oz- 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.
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25V-6
d) Neither STATE nor any officer or employee thereof is responsible for any
injuz•y, damage or liability occurring by reason of anything done oe omitted to
be done by CITY under or in connection with any work, authority oz•
jurisdiction arising under this Agreement. It is understood and agz•eed that
CI fY shall fully defend, indemnify and save harmless STATE and all of its
officers and employees from all claims, shits 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.
e) CITY shall remove its LANDSCAPING at no cost to STATE in the event the
future need to State Highway operation necessitates such relocation or
removal. State shall serve on CITY its written demand for such removal/
relocation specifying a zeasona6le time within which removal/ relocation is fo
be completed.
f) Insurance
CITY and their contt•actot•s shall maintain in force, dtzz•ing the tet•m of this
agreement, a policy of general liability insurance, including coverage of
bodily injury Iiability and property damage liability, naming the State of
Califoz•nia, its officers, agents and employees as the additional insured in
an amount of $ I million per person and $2 million in aggregate. Coverage
shall be evidenced by a certificate of Insztzance in a fozm satisfactory to
Department that shall be delivered to Department with a signed copy of this
Agreement.
g) Labor Code Compliance• Prevailing Wages
If the work performed on this Project is done under contract and falls
within the Labor Code section I720(a)(1) definition of a "public work" in
that it is constz•uction, alteration, demolition, installation, or repair
CITY must conform to the provisions of Labor Code sections
1720 through 1815, all applicable regulations and coverage determinations
issued by the Director of Industrial Relations. 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.
h) Prevailing Wage Requirements in Subcontracts
CITY shall t•equire its contz•actors 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
i720(a)(1). Subcontracts shall include all prevailing wage requirements set
forth in CITY's contracts.
s
25V-7
i) Termination
This Agreement maybe terminated by timely mutual written consent by the
PARTIES, and CITY's failure to comply with the provisions of this
Agreement wilt be grounds for a Notice of Termination by STATE. Under any
of these circumstances, CITY will restore the LOCATION to its prior
condition, which is acceptable to STATE at the CITY's sole cost.
J) Term of Agreement
This Agi•ecment 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 at any time in
order to restore the LOCATION for STATE use at no cost for STATE.
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25V-8
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day
and year hrst above written.
~`*Approved as to form and
procedure:
1
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Attorney
Department of Transportation
APPROVED AS TO FORM:
Joseph W. Fletcher
By
Lisa E.Storck
Assistant City Attorney
CITY OF SANTA ANA, a charter
City and Municipal Corporation
David N. Ream
City Manager
Patricia E. Healy
Clerk of the Council
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
James P
Deputy
WILL KEMPTON
Director of Transport
By
Director
[aintcnance
**Approval by STATE'S Attorney is not required unless changes are made to this
form, in which case the draft will be submitted for Headquarters' review and
approval by STATE'S Attorney as to form and procedures.
25V-9
EXHIBIT A
This Exhibit includes Layout Sheet, Planting Sheets HP-59,
HP60, and HP 6l, which are attached to and made a pant of this
agreement.
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25V-10
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