HomeMy WebLinkAboutCALTRANS (2)-2008A-2008-199
INSURANCE NOT C ~'~~D ~~'Y'
WORKMAY ~oUC t AGREEMENT FOR LANDSCAPE MAINTENANCE
-~ CLERK OF C ~ N~ ~ooa
nATE~ NQ WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE 22 WITHIN THE CITY OF SANTA ANA
C " 3 6~`~s•od~~~
~ ~~~
~ ~ ~ J~ THIS AGREEMENT is made and executed effective this ~ ~'~ day of
~'c,~,~. u , 2008, by and between the State of California, acting
through its 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 use 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 and
HP61). 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 other 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 newely constructed or revised improvement within STATE's right of
way (Cooperative Agreement, District No. 12-456), which was executed on
November 18, 2002 between STATE and OCTA.
2. This Agreement addresses CITY's responsibilities that include, but are not
limited to, landscaping, planting, irrigation systems, litter and weed removal,
Biofiltration Swales, Linear Radial Gross Solid Removal Devices, sidewalks,
bike paths, and parking restriction 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
agrees to be solely responsible for the maintenance responsibilities. Those
include, but are not limited to, inspection, providing emergency repair,
replacement, & maintenance, (collectively hereinafter "MAINTENANCE") of
LANDSCAPING as shown on said Exhibit "A."
4. 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
provide a new dated and revised Exhibit, "A" which will be made a part 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
contractor 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-
approved 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 submit aone-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 and
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.
f) To furnish electricity for imgation 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 required.
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.
i) To MAINTAIN, repair and operate the irrigation systems in a manner that
prevents water from flooding or spraying onto STATE highway, spraying parked
2
and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or
leaving surface water that becomes a hazard to vehicular or pedestrian bicyclist
travel. To prevent materials related to Highway Planting Maintenance
Operations and other deleterious materials from entering STATE's drainage
gutters, drainage outlets and storm drain pipes.
j) 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 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
Office 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 reimburse STATE for its costs to
repair STATE facility damage ensuing from CITY'S LANDSCAPE presence
and activities should STATE be required to cure a CITY default.
1) 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.
m)To furnish electricity and MAINTAIN lighting system and controls for all street
lighting systems installed by and for CITY.
n) To inspect LANDSCAPING on a regular 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 sidewalkslbike 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.
q) To MAINTAIN all parking or use restrictions signs encompassed within the
area of the LANDSCAPING.
r) To allow random inspection of LANDSCAPING, street lighting systems,
sidewalks bike paths and signs by a STATE representative.
s) To keep the entire landscaped area policed and free of litter and deleterious
material.
t) All work by or on behalf of CITY will be done at no cost to STATE.
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STATE agrees to do the following:
Section II
a) Provide CITY with timely written notice of unsatisfactory conditions that
require correction by CITY.
b) Issue encroachment permits to CITY and CITY contractors at no cost to them.
Section III
Leal Relations and Responsibilities
a) Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties 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.
b) 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 shall 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. 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 provide 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 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 the 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 occumng 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.
d) 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
occumng by reason of anything done or omitted to be done by CITY under
this Agreement.
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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 removaU
relocation specifying a reasonable time within which removaU relocation is to
be completed.
f} Insurance
CITY and their contractors shall 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 of
California, its officers, agents and employees as the additional insured in an
amount of $1 million per person and $2 million in aggregate. 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.
g) Labor Code Compliance: Prevailing Wages
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 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 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). Subcontracts shall include all prevailing wage requirements set
forth in CITY's contracts.
i) Termination
This Agreement may be terminated by timely mutual written consent by the
PARTIES, and CITY's failure to comply with the provisions of this
Agreement will 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 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 at
any time in order to restore the LOCATION for STATE use at no cost for
STATE.
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IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day
and year first above written.
CITY OF SANTA ANA, a charter
City and Municipal Corporation
..
David N. Re
City Manager
~_
**Approved as to form and
procedure:
Attorney
Department of Transportation
APPROVED AS TO FORM:
Joseph W. Fletcher
BY ~, c
Lisa E.Storck
Assistant City Attorney
Patricia E. Healy
Clerk of the Council
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
WILL KEMPTON
Director of Transportation
By
James Pinheiro
Deputy District Director
Operations & Maintenance
**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.
EXHIBIT A
This Exhibit includes Layout Sheet, Planting Sheets HP-59, HP60, and
HP 61, which are attached to and made a part of this agreement.
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