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
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Fence Alignment
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546" WALL THICKNESS
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TOP PICKETS
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WITH PYRAMID END CAP
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SIDE ELEVATION
WROUGHT IRON FENCE
REFERENCES
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TOP PICKETS
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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
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SECTION
5
CONCRETE SECURITY EDGE Underground Service Alert
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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.)